Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre la edad mínima, 1973 (núm. 138) - Serbia (Ratificación : 2000)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had requested the Government to indicate the minimum age established for self-employment. The Committee notes the Government’s information that, according to the provisions of the Law on private entrepreneurs (Official Gazette RS, No. 101/2005), a physical person may perform a business activity on acquiring business ability which the person acquires with attaining 18 years of age, or with 16 years of age if the full business activity is acquired and confirmed by court decision.

Article 2, paragraph 3. Compulsory schooling. The Committee had previously noted that article 32 of the Constitution provides for free and compulsory education and that section 1 of the Law on primary school of 1992, as amended in 2002, provides that primary education lasts eight years in Serbia. It had requested the Government to indicate the age of completion of compulsory education. The Committee notes the Government’s information that, according to section 90 of the Law on the system of education (Official Gazette RS, No. 62/03, as amended), children of at least six-and-a-half years of age shall enter the first class of elementary school. It also notes that, pursuant to section 43 of the Law on elementary school (Official Gazette RS, No. 50/1992, as amended), the obligation of attending elementary school ceases with the end of the school year in which he/she attains 15 years of age, which corresponds to the minimum age for admission to employment.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that section 47 of the Labour Law (Official Gazette RS, Nos 24/2005 and 61/2005) provides for the possibility of the employment of a trainee for an occupation for which such person has acquired a certain type and level of education training. Section 201 provides for the possibility to conclude contracts on training and advanced training. The Committee had requested the Government to indicate the national legislation which fixes a minimum age for entry into apprenticeship. The Committee notes the Government’s indication that the minimum age of 15 years for employment also applies to the labour contracts of interns. Section 47 of the Labour Law defines an intern as an individual who has entered into a working contract for the first time for the vocation in which he or she possesses a certain degree of qualification.

Article 7, paragraph 1. Light work. The Committee had previously noted that the national labour legislation does not provide for exceptions concerning the prohibition of employment of persons under 15 years of age. It had requested the Government to indicate whether, in practice, children under the age of 15 years are employed for light work activities. The Committee notes the Government’s information that persons younger than 15 years cannot have any labour relations and that persons performing temporary and occasional jobs must have attained 15 years. It further notes the Government’s indication that so far labour inspection and supervision have not registered any working persons younger than 15 years.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that the Labour Law does not anticipate the possibility of employing persons below 15 years of age, since this is against the cultural, moral and ethical principles of bringing up children in Serbia. The Government further states that the possibility of recruiting children under 15 years of age for artistic performances is an important issue which calls for additional consideration of the Ministry of Culture and Ministry of Youth and Sport. The Committee requests the Government to indicate any developments made by the Ministry of Culture and Ministry of Youth and Sport in making use of the exceptions under Article 8 of the Convention for artistic performances.

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted that, according to section 204 of the Labour Law, the employee shall have a workbook, issued by the competent municipal administration body, which shall be handed over to the employer upon employment. It had also noted that the contents of the workbook, including how the data shall be entered into the workbook and how the register of workbooks issued shall be kept, shall be prescribed by the Minister. The Committee had requested the Government to provide information on any regulations issued by the Minister which prescribe the contents of the workbook. The Committee notes the Government’s information that the contents of a workbook and the ways of its issuance and keeping are regulated by the Rules and Regulations of the Workbook (Official Gazette RS, No. 17/97). It further notes the Government’s information that, according to the provisions of the Law on registries in the labour field (Official Gazette of FRY, No. 46/96 and Official Gazette RS, No. 101/2005), employers are required to keep files of their employees and other hired persons, which contain, among other things, the dates of birth of such persons.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, since 2005, data on working men, women and persons younger than 18 years are recorded monthly by the labour inspector for working relations, including the number and types of breaches and violations of the Labour Law. It also notes that so far no violations under section 274 of the Labour Law dealing with penalties for contraventions of the minimum age provisions have been recorded. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied including statistical information on the employment of children and young persons, extracts from reports of the inspection services, details of the number and nature of contraventions recorded and penalties applied.