Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 132) sur les congés payés (révisée), 1970 - Serbie (Ratification: 2000)

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.