Holidays with Pay Convention (Revised), 1970 (No. 132) - Serbia (Ratification: 2000)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a view of all the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 106 (weekly rest in commerce and offices) and 132 (annual holidays with pay) in a single comment.

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” on the implementation of Conventions Nos 106 and 132, communicated with the Government’s report. It also notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) on the implementation of Conventions Nos 106 and 132, communicated with the Government’s report.

Weekly rest

Article 8 of the Convention. Temporary exemptions. The Committee notes that according to section 67(5) of the Labour Law, if it is indispensable that an employee works on the day of his weekly rest, the employer is bound to provide him a rest of at least 24 straight hours in the subsequent week. The Committee observes that section 67 allows for temporary exceptions to the general weekly rest standard without identifying the specific circumstances in which it becomes indispensable that an employee works during weekly rest days. The Committee recalls that Article 8, paragraph 1, of the Convention sets out specific conditions under which temporary exemptions may be granted (e.g. accident, urgent work, force majeure). The Committee requests the Government to indicate the measures taken or envisaged to ensure that temporary exceptions are only authorized in the cases provided for in this Article of the Convention and after consulting the representative employers' and workers' organizations concerned.

Annual holidays with pay

Article 7(1) of the Convention. Holiday remuneration. The Committee notes that according to section 114(1) of the Labour Law, during annual leave an employee is entitled to compensation of salary in the amount of average salary for the 12 preceding months. In their observations, “Nezavisnost” and the CATUS indicate that the Labour Law does not prescribe the minimum amount of holiday remuneration, which is misused in practice. “Nezavisnost” indicates that as a result the holiday remuneration is determined in different amounts and the CATUS points to the intention of the employers’ associations to reduce the amount of the wage compensation during the use of annual leave. The Committee requests the Government to provide its comments in this respect.

Article 7(2). Payment of holiday remuneration in advance. In reply to its previous request, the Committee notes that the Government refers in its report to section 118 of the Labour Law which provides that the employee has the right to holiday remuneration in accordance with the general legislation and the employment contract. In this respect it indicates that the Labour Law does not prescribe more detailed provisions for the exercise of the employee's right to holiday remuneration, but details are prescribed by a collective agreement or labour rulebook, as well as by the employment contract. The Committee also notes that the Government refers to section 110 of the Labour Law which provides for the time of payment of wages but does not specify that an employee should receive such an amount in advance of the holiday, as required under Article 7(2) of the Convention. In its observations, the CATUS indicates that section 114 of the Labour Law which provides for the entitlement to holiday remuneration is not harmonized with the Convention as it does not stipulate that holiday remuneration is paid to an employee in advance of the holiday. The Committee requests the Government to provide its comments in this respect. The Committee again requests the Government to indicate the way it is ensured that the amounts due as holidays remuneration are paid in advance of the holiday, unless otherwise provided in an agreement applicable to the employee and the employer, as required by Article 7(2) of the Convention.

Articles 11 and 12. Compensation for unused holiday upon termination of employment – Prohibition to relinquish or forgo the right to annual holiday with pay. In its previous comments, the Committee noted that the Labour Law did not contain any provisions expressly prohibiting the payment of monetary compensation in lieu of annual leave except in the case of termination of employment (Article 11), and also prohibiting any agreement to relinquish the right to annual holiday with pay or to forgo such holiday for compensation or otherwise (Article 12). The Committee takes note with satisfaction of the amendments introduced to the Labour Law to align its provisions with these Articles of the Convention. It notes that section 68(4) stipulates that the employee cannot waive the right to annual leave, and that that right cannot be denied or replaced by monetary compensation, except in the case of termination of employment. Similarly, section 76 of the Labour Law provides for the payment of monetary compensation in lieu of annual leave only in the case of termination of employment. The Committee takes note of this information, which responds to its previous comment.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 7(2) of the Convention. Payment of holiday pay in advance. Further to its previous comment, the Committee notes the Government’s renewed reference to section 114(1) of the Labour Code, which defines the method of calculation of the amount of holiday pay but does not specify whether an employee should receive such an amount in advance of the holiday, as required under Article 7(2) of the Convention. The Committee again requests the Government to indicate any measures taken or envisaged in order to give full effect to this requirement of the Convention.

Articles 11 and 12. Compensation for unused holiday upon termination of employment – Prohibition to relinquish or forgo the right to annual holiday with pay. The Committee recalls its previous comments in which it noted that the Labour Code does not contain any provisions expressly prohibiting the payment of monetary compensation in lieu of annual leave except in the case of termination of employment (Article 11) and also prohibiting any agreement to relinquish the right to the annual holiday with pay or to forgo such holiday for compensation or otherwise (Article 12). In its latest report, the Government indicates that it has established a working group to develop amendments to the Labour Code, which will include amendments to align provisions on annual paid holidays with these Articles of the Convention. The Committee accordingly requests the Government to keep the Office informed of any progress made in the process of revision of the Labour Code and to transmit the text of any amended provisions once they have been adopted.

Moreover, the Committee notes the comments made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) according to which over 700,000 workers do not benefit from annual leave, while the Labour Code provisions establishing the right for annual leave above the statutory minimum of 20 working days are not applied in practice in the private sector. The Committee requests the Government to submit any comments it may wish to make in response to the observations of the CATUS.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the new Labour Code, which entered into force on 23 March 2005, establishes a minimum annual holiday with pay of 20 working days.

Article 7, paragraph 2, of the Convention. Advance payment. The Committee notes the explanations provided by the Government according to which, under section 114 of the Labour Code, workers on annual holiday with pay must receive compensation equivalent to the average of their wages over the previous three months. In its report, the Government also indicates that, under section 110(1) of the Labour Code, wages must be paid no later than at the end of the current month for the previous month. The Committee recalls that, under Article 7, paragraph 2, of the Convention, the remuneration due in respect of annual holiday with pay must be paid to the worker in advance of his holiday, unless otherwise provided in an agreement applicable to him and the employer. It requests the Government to indicate the measures taken or envisaged with a view to bringing the legislation into conformity with this Article of the Convention.

Article 11. Right to holiday in the event of termination of the employment contract. In reply to the Committee’s previous comment, the Government refers to section 76 of the Labour Code which provides that workers who were prevented from enjoying their holiday because of their employer are entitled to compensation equivalent to the average of their wages over the previous three months. The Committee understands that this section does not refer specifically to the case of the termination of the contract of employment but may apply to any situation in which workers are prevented from taking their holiday. Furthermore, it notes that, under section 71 of the Labour Code, employers must provide workers with a certificate indicating the number of holiday days taken in the event of the termination of the employment contract. The Committee recalls that, under Article 11 of the Convention, any worker who has acquired entitlement to holiday and whose employment is terminated, is entitled to the paid holiday due and not taken, compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this Article of the Convention.

Article 12. Prohibition to relinquish or forgo the right to an annual holiday with pay. In its report, the Government indicates that an agreement concluded in advance between the worker and the employer for the purpose of compensating the injury suffered as a result of the relinquishment of the annual holiday with pay is considered null and void under sections 9(2), 11 and 68(4) of the Labour Code. However, it indicates that, under sections 75 and 76 of the Labour Code, employers who omit to communicate to workers the dates of their annual holiday with pay or who commit any other error which prevents workers from enjoying their annual holiday with pay must pay compensation to the worker for injury suffered of an amount equivalent to the average of the worker’s wages over the previous three months. Further to its previous comment, the Committee recalls that, under Article 12 of the Convention, any agreement, prior or otherwise, to relinquish the right to the annual holiday with pay or to forego such a holiday, for compensation or otherwise, must be regarded as null and void or prohibited. It requests the Government to take the necessary measures to guarantee the nullity or prohibition of any agreement for such purpose.

Furthermore, the Committee notes the comments made by the Confederation of Autonomous Trade Unions of Serbia (SSSS), dated 19 September 2008, according to which numerous enterprises in the private sector do not apply the rules relating to annual holiday with pay, unlike public institutions and organizations. The SSSS indicates that young workers in particular do not benefit from the minimum annual holiday with pay of 20 days provided for by the legislation and, due to the current employment market situation, they are in a weak position which prevents them from asserting their right to holiday to the employer. In this regard, it indicates that, in order to obtain the employer’s agreement and so as not to disrupt the activity of the enterprise, young workers agree upon reduced holiday periods with their colleagues. The employer may also determine general holiday on a discretionary basis when it considers it appropriate. According to the allegations of the SSSS, non-unionized workers in fact relinquish their right to holiday and employers refrain from making them take holiday. The Committee requests the Government to provide any comments which it would like to make in reply to the comments of the SSSS.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government concerning violations of the rules relating to annual holiday with pay reported by the inspection services. It requests the Government to continue providing general information on the application of the Convention in practice, in particular statistical data concerning the number of workers covered by the legislation giving effect to the Convention, extracts from reports of the inspection services indicating the number of violations of the rules relating to annual holiday with pay which have been reported and the sanctions imposed in this regard, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the first report on the application of the Convention only provides information on the Republic of Serbia and does not contain information on the application of the Convention in the Republic of Montenegro. It therefore requests the Government to provide full information also on the application of the Convention in the Republic of Montenegro.

Furthermore, the Committee requests the Government to provide additional information on the application of the Convention in Serbia on the following points.

Article 7, paragraph 2, of the Convention. Advance payment. Section 59 of Labour Code, 2001 states that, employees shall have the right to compensation of earnings that they would have gained during the time of their annual paid holiday. This provision does not specify that the amount due shall be paid to the worker in advance of the holiday, unless otherwise provided in an agreement applicable to the employee and the employer. The Committee requests the Government to indicate how it is ensured, that the compensation of the earnings that an employee would have gained in the month in which he is on annual leave, are paid in advance of the holiday, unless otherwise provided in an agreement applicable to him or her and the employer, as required by this provision of the Convention.

Article 11 and Article 12. Remuneration for holidays not taken. Section 60 of the Labour Code states that if the employee does not use his annual leave through the fault of the employer, the employee is entitled to an indemnity equalling the amount of the compensation of earnings that she/he would have received if he/she had used his/her annual leave. The Committee recalls that compensation is only allowed for outstanding holidays with pay upon termination of employment, as provided for in Article 11 of the Convention.

Furthermore, section 60 appears to contradict section 52(3) of the Labour Code. Section 52(3) in accordance with Article 12 of the Convention does not allow the right to minimum annual holiday with pay to be relinquished by agreements for compensation or otherwise, whereas section 60 appears to allow for compensation if annual leave cannot be taken due to the fault of the employer, in contradiction to section 52(3) and Article 12. The Committee requests the Government to indicate how, in practice and in addition to the provision of section 52, paragraph 3, of the Labour Code, it is ensured that section 60 of the Labour Code cannot be maliciously used to deprive an employee of his annual leave, as indicated in the comment made by the Association of Free and Independent Trade Unions.