Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 121) sur les prestations en cas d'accidents du travail et de maladies professionnelles, 1964 [tableau I modifié en 1980] - Serbie (Ratification: 2000)

Article 8(a) of the Convention. List of occupational diseases. The Committee takes note of the Government’s information indicating that the initiative launched by the Ministry of Labour, Employment, Veteran and Social Affairs to analyse the national list of occupational diseases is still ongoing. The Committee wishes to recall that, since 2006, it has been drawing the Government’s attention to the need to harmonize the national list of occupational diseases with Schedule I of the Convention. The Committee therefore urges the Government to take the necessary measures to undertake the relevant analysis of the national list of occupational diseases with a view to ensuring that the list is in conformity with Schedule I of the Convention.

Article 14 (read together with Article 19) of the Convention. Cash benefits for permanent partial incapacity. The Committee notes the information according to which the monetary compensation for a total disability would reach 64.4 per cent of the reference wage. According to the Government, the standard beneficiary salary to be considered should be 93,666.75 Serbian dinars, which corresponds to the option indicated by Article 19(d) of the Convention. The Committee also takes note that in cases of 90 per cent of physical disability, the compensation paid in January 2023 amounted to 20.1 per cent of a typical worker’s disability pension, while the compensation for a 30 per cent of physical disability amounted to 6.7 per cent of a typical worker’s disability pension. The Committee notes the table attached by the Government with different amounts of compensation in relation to different degrees of physical impairment, ranging from 30 to 100 per cent. The Committee observes that the percentages referred by the Government in this table do not represent a suitable proportion of the pension paid in case of total disability and do not attain the levels prescribed by Schedule II of the Convention. Regarding the provision of a periodical payment or a lump sum in case of permanent partial disability or physical impairment less than 30 per cent but in excess of a prescribed degree, the Government indicates that amendments to the rulebook related to physical impairment and disability insurance system are currently being considered.

The Committee wishes to highlight that, according to Article 14(3) and (5) of the Convention, the minimum prescribed degree of permanent partial loss of earning capacity or of faculty, that enables the right to receive periodical cash benefits, shall be prescribed as to avoid hardship. Moreover, the level of cash benefits shall represent a suitable proportion of the periodical payment established by Article 19 and Schedule II, in relation to the permanent total incapacity for a standard beneficiary. Lastly, the Committee previously observed that incapacity assessed below 25 per cent could be regarded as not substantial and therefore could be compensated by lump-sum payments.

In light of this, the Committee requests the Government to take the necessary measures to ensure that workers with loss of earning capacity or corresponding loss of faculty between 30 and 90 per cent, resulting from an employment injury, are entitled to periodical cash benefits calculated in accordance with Articles 14, 19 and Schedule II of the Convention. The Committee further requests the Government to provide information on the amendments to the rulebook related to disability/physical impairment in relation to the provision of compensatory payments for physical impairment or partial disability assessed at less than 30 per cent, with a view to extending protection to cases of partial but not substantial loss of capacity or faculty, and to ensure that workers suffering such incapacity avoid hardship, in accordance with Articles 14(4) and (5), and 19 of the Convention.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other issues in a request addressed directly to the Government.