Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Serbia

Convenio sobre el descanso semanal (comercio y oficinas), 1957 (núm. 106) (Ratificación : 2000)
Convenio sobre las vacaciones pagadas (revisado), 1970 (núm. 132) (Ratificación : 2000)

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.