Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Serbia (Ratificación : 2013)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) as well as the observations of the Trade Union Confederation Nezavisnost (hereafter TUC Nezavisnost) and of the Union of Employers of Serbia. The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for the Republic of Serbia on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article I of the Convention. General questions on application. Implementing measures. In reply to the Committee’s previous request, the Government states that the Ministry of Construction, Transport and Infrastructure adopted the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships ("Official Gazette of the Republic of Serbia”, No. 72/2018) to give effect to the provisions of the MLC, 2006 and rules 3-12 of Chapter II-1 of the SOLAS Convention and Code on Noise Levels on Board Ships (Resolution MSC.337(91)). Part XII of the Rulebook specifically addresses requirements regarding safety and health at work and accommodation of the crew. The Government indicates that, in 2019, the Ministry also adopted the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers ("Official Gazette of RS”, No. 35/2019). The Committee welcomes the adoption of these Rulebooks and requests the Government to provide a copy thereof. It draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that, following up to its previous comments, the Government refers to article 53 of the Law on Maritime Navigation, according to which a seafarer is a member of the crew of a seagoing vessel. It also refers to the Law on the Ratification of the Convention of the ILO MLC 2006 ("Official Gazette of RS – International Agreements”, No. 8/11), which publishes the Convention and therefore defines a seafarer as any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Government further refers to article 3, point 37, of the Regulation on Titles, Conditions for Acquiring Titles and Powers of Crew Members of Maritime Ships ("Official Gazette of RS”, No. 16/14) and to Part III, point 4, of the annex to the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which define a seafarer in accordance with the meaning of the Convention. The Committee takes note of this information.

Article VII of the Convention. Consultations. The Committee notes that, in response to its previous request, the Government indicates that two organizations of seafarers and shipowners are established: the Association of Seafarers of the Republic of Serbia and the Association of Professional Shipowners of Serbia. It states that the the competent authorities of the Republic of Serbia shall consult with shipowners’ and seafarers’ organizations on any derogation, exemption or other flexible application of this Convention for which the Convention requires consultation. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Referring to its previous comment, the Committee notes that the Government’s refers to article 57 of the Law Maritime Navigation, which stipulates that it is not permitted to employ persons under the age of 18 on board a ship if the performance of work on board a ship by such persons may endanger their health or safety in accordance with international standards. It also indicates that under the schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, the requirement of Standard A1.1, paragraph 4, that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety, is reproduced. The Committee, however, observes that these provisions still do not contain the list of hazardous activities on board seagoing ships, which is required under Standard A1.1, paragraph 4, of the Convention, and that must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to adopt without further delay the list of types of hazardous work prohibited for young persons, taking into account the specific conditions of work and risks on board ships, after consultations with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and Standard A1.4, paragraph 5(a). Recruitment and placement. The Committee notes the Government’s answer to its previous comments referring to article 67ž of the Law on Maritime Navigation, according to which an intermediary in the employment of seafarers on domestic ships and ships of a foreign flag shall not take actions with the aim of preventing or denying seafarers from getting a job complies with the requirement of Standard A1.4, paragraph 5(a).The Committee takes note of this information.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that the Government provides no new information in reply to its previous comment and that the various provisions to which the Government refers do not comply with the requirement of Standard A1.4, paragraph 5(c)(vi), but relate to obligations regarding repatriation that are under the responsibility of the shipowner and not of the recruitment and placement services. The Committee recalls that Standard A1.4, paragraph 5(c)(vi), provides for the establishment of a system of protection to compensate seafarers not only in case of abandonment but “for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. Furthermore, the Committee recalls that under Standard A1.4, paragraph 5(c)(vi), such system of protection, by way of insurance or an equivalent appropriate measure, should be established by the seafarer recruitment and placement services, in addition to any insurances provided by the shipowner. The Committee requests the Government to take the necessary measures without further delay to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Further to its previous comment, the Committee notes the Government’s indication that the requirements of the seafarer’s employment agreement (SEA) are regulated by the Law on Maritime Navigation. Article 67e paragraph 4 of the said Law stipulates that the employment contract with the seafarer is signed by the employer or an intermediary in the name and on behalf of the employer. The Government indicates that, under this Law, the employer is meant to be understood as the shipowner who is defined in article 4, point 4) of the same law as the owner of the ship, the charterer or the manager who is the owner of the vessel who has taken responsibility for the management of the ship from the owner of the ship, who is the bearer of navigational responsibility. The Committee observes that this provision does not appear to be sufficient to ensure that seafarers employment agreements are signed in all cases by the shipowner or a representative. In this regard, the Committee draws the Government’s attention to the fact that any signatory of the seafarers’ employment agreement other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner. The Committee requests the Government to indicate how it ensures that, in all cases, the seafarers’ employment agreement is signed by the shipowner or a representative thereof, as required by Standard A2.1, paragraph 1(a).

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that, in response to its previous request, the Government indicates that article 53 of the Law on Maritime Navigation stipulates that the employment relationship of a ship’s crew member (seafarer) is based on an employment contract, which, in addition to the content prescribed by the Labour Law, must also include a number of requirements stipulated in Standard A2.1, paragraph 4. The Committee notes that the Government’s also refers to article 33, paragraph 1, point 1) of the Labour Law, which stipulates that the seafarers’ employment contract among other things, contains the name and registered office of the employer, that is, the shipowner. In this regard, the Committee notes the observations of the Union Employers of Serbia regarding the provisions of article 33 of the Labour Law and article 53 of the Law on Maritime Navigation, which specify the particulars to be included in a seafarer employment agreement, emphasizing that they refer to the employer, and are therefore not consistent with the requirement of Standard A2.1, paragraph 4(b), which specifically refer to the name and address of the shipowner. The Union Employers of Serbia also regrets that article 53 of the above-mentioned Law refers to “return trip” rather than to repatriation, as return journey involves returning the seafarer to the place, the country of his or her departure, while repatriation means to the country of residence, therefore not taking into account Guideline B2.5.1, paragraphs6 and 7, which provides that seafarers should have the right to choose between prescribed places of destination. The Committee requests the Government to provide its comments in this respect. Referring to its comments under Standard A2.1, paragraph 1(a), the Committee requests the Government to adopt the necessary measures to ensure that all SEAs refer explicitly to the shipowner’s name and address as required by Standard A2.1, paragraph 4(b).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that in reply to its previous comments, the Government indicates that, in addition to the provisions of the Labour Law, article 54a of the Law on Maritime Navigation provides for reasons where the seafarer’s employment can be terminated: (1) in case of shipwreck; (2) due to illness, injury or other health condition that makes it impossible to carry out work on the ship for which the seafarer is engaged; (3) in the event that the shipowner is no longer able to fulfil his legal or contractual obligations as an employer of a crew member due to insolvency, sale of the ship, disposal of the ship, or change of the country of registration of the ship; (4) if, after an inspection by a recognized organization or an inspection in the port State, the unfitness of the ship for navigation, or non-compliance with the requirements of regulation I/4 of the STCW Convention was determined; (5) if the ship is sent to a zone in which there is a danger of undertaking war actions to which the seafarer does not agree to be sent; (6) in case of voluntary termination of the employment relationship by the seafarer before the expiration of the term on which the employment relationship is based. The Committee requests the Government to clarify whether in the cases of article 54a, paragraphs 2) and 6), the seafarer has a right to voluntary termination at shorter notice or without notice.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes that in reply to its previous comment, the Government refers once again to article 64, paragraphs 4 and 5, which establishes the employer’s obligation to take measures that will enable the seafarer to transfer all or part of his earnings to the family or persons he is obliged to support, without however prescribing that any charge for this service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Government also refers to the standards included in the schedule of the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which refers to the MLC requirements for which inspection is required, among which the requirement of Regulation 2.2 that fees for sending money/remittance services must be reasonable and exchange rates in accordance with prescribed requirements. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that such charge is reasonable. The Committee requests the Government to take the necessary measures to comply with this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. Further to its previous comment, the Committee observes that the Government refers once again to article 55 of the Law on Maritime Navigation, without however specifying whether the regime selected is maximum hours of work or minimum hours of rest. Noting that the Government provides no new information in reply to its comments, the Committee requests it to take the necessary measures without further delay to ensure that full effect is given to Standard A2.3, paragraphs 2.

Regulation 2.3 and Standard A2.3, paragraph 5(b)(ii). Hours of work and hours of rest. Limits. The Committee notes that, in response to its comments, the Government indicates that the adoption of the amendments to the Law on Maritime Navigation is scheduled for 2026 and that article 56 will be amended to comply with the minimum requirement of 77 weekly hours of rest provided for under Standard A2.3, paragraph 5(b)(ii), of the Convention. The Government further refers to schedule 1 of the Rulebook on the content and form of the board with the schedule of working hours, as well as the formats of records of seafarers’ hours of work or hours of rest ("Official Gazette of the RS”, No. 9/14), which prescribes that the minimum rest time of a seafarer is 77 hours in any period of seven days. The Committee expects that the amendments to the Law on Maritime Navigation will be adopted without delay to ensure full conformity with Standard A2.3, paragraph 5(b)(ii).

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government indicates that, further to its comments, the schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers provides the MLC requirements for which inspection is required, among which is the requirement that seafarers shall be granted shore leave for the benefit of their health and well-being in accordance with the operational requirements of their positions. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that seafarers are granted shore leave to benefit their health and well-being. The Committee requests the Government to take the necessary measures without delay to ensure compliance with Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee notes the Government’s answer to its previous request indicating that the Schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers prescribes the MLC requirements for which inspection is required, among which is Regulation 2.5 on repatriation and the requirements that seafarers have the right to repatriation even in cases where the seafarer’s employment contract expires while they are abroad and if the employment contract has been terminated by the seafarer’s will for justified reasons. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that seafarers are entitled to repatriation when the circumstances foreseen in Standard A2.5.1, paragraph 1, are met. The Government indicates that amendments to the Law on Maritime Navigation will be made with respect to the duration of service on the ship after which the seafarer acquires the right to repatriation which will be shorter than 12 months, as well as with respect to the right of seafarers to choose between prescribed destinations to which they will be repatriated. The Committeerequests the Government to adopt the necessary measures to ensure compliance with the provisions ofStandard A2.5.1, paragraphs 1(a) and(b)(ii), and 2(b), and give consideration to Guideline B2.5.1 paragraph 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In reply to the Committee’s previous request regarding how it ensures that the exceptions to the prohibition for shipowners to recover the cost of repatriation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations, the procedure to be followed in this regard and the standard of proof to be applied, the Government indicates that there were no changes in the legislation and that this is a matter that is prescribed by the collective agreement. In this regard, the Committee notes the observations of TUC Nezavisnost that the terms for what is to be considered a "serious breach of obligations from the seafarers’ labour contract” are to be regulated by a collective agreement. The Committee requests the Government to specify whether such a collective agreement is registered and therefore forms part of the law or the provisions of the collective agreement are adopted in practice, and the steps taken by the Government to ensure compliance with Regulation 2.5 and Standard A2.5.1.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes with interest that the provisions of articles 89 and 89a of the Law on Maritime Navigation give effect to the requirements of Standard A2.5.2. The Committee takes note of this information.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Referring to its previous comment, the Committee notes with interest the Government’s indication that part XII of the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships, prescribes detailed requirements for crew accommodation in compliance with the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes that the Government does not provide new information as to how its national provisions give effect to the requirement that shipowners bear the cost of medical care provided to seafarers while they are landed in a foreign port, regardless of their nationality. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes, in response to its previous comment, that the Government refers to the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of working and living conditions of seafarers, which prescribes the requirements for which inspection is required, among which is the obligation of the shipowner to take measures for safeguardigng property left on board by sick, injured or deceased seafarers. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners. The Committee requests the Government to take the necessary measures to ensure full conformity with the requirement of Standard А4.2.1, paragraph 7.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee notes, in response to its previous comment, that the Government refers to the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of working and living conditions of seafarers, which prescribes the requirements for which inspection is required, among which is the obligation of shipowners to provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose liability is to have a financial security system to assure compensation including long-term disability of the seafarer. The Committee accordingly reiterates its request to the Government to take the necessary measures to give full effect to Standard A4.2.1, paragraph 1(b). In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the Government refers to article 69a of the Law on Maritime Navigation, which partially complies with the requirements of the Convention as long-term disability does not seem to be covered. The Committee accordingly requests the Government to ensure that the system of financial security to assure compensation for contractual claims also covers long-term disability, as provided for under Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Referring to its previous comment, the Committee notes that the Government refers to part XII on safety and health at work and accommodation of the crew of the Rulebook on Technical Tules for Statutory Certification of seagoing ships (Part XII on Safety and health at work and accommodation of the crew). It further indicates that, during the reporting period, no instructions and guidelines for the improvement of safety and health at work related to the safe and healthy work of seafarers were issued by the Occupational Safety and Health Directorate. The Committee takes note of this information.

Regulation 4.5 and the Code. Social security. In the absence of relevant information in reply to its previous comment, the Committee reiterates, once again, its request to the Government: (i) to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions; and (ii) to indicate the provisions ensuring that foreign seafarers domiciled in Serbia are entitled to the unemployment benefit.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Further to its previous comment, the Committee notes that the Government refers to the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which prescribes the goals and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers. The Government also indicates that the Rulebook on Recognized Organizations for the Technical Supervision of Maritime Ships ("Official Gazette of RS”, No. 89/15) prescribes, among other things, the conditions, the way of working and the control of the work of recognized organizations, the criteria that will be applied when determining whether the activities and results recognized organizations may consider the work to pose a threat to the safety and pollution of the marine environment. Finally, the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships prescribes the requirements for the certification and inspection of ships. While welcoming this information and the adoption of the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships, the Committee observes that there does not seem to be provisions regarding on-board complaints procedures. The Committee requests the Government to take the necessary measures to ensure compliance with Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s reference, in reply to its previous comment, to Part XII of the Rulebook for the Statutory Certification of Maritime Ships, which indicates that inspections are taken at appropriate time gaps, which should not be more than three years. The Government states that the requirements of this Rulebook for certification and inspection apply to new ships and technical vessels, and that its application to existing ships is examined and decided by the Ministry based on the proposal of a recognized organization on an individual case. The requirements of this part of the Rulebook also apply to existing ships, if substantial alterations are carried out on them. The Government indicates, however, that currently, there are no maritime vessels registered under the flag of the Republic of Serbia. The Committee takes note of this information.