Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 138) sur l'âge minimum, 1973 - Serbie (Ratification: 2000)

Article 1 of the Convention. The Committee notes with interest that the new Labour Law of the Republic of Serbia has come into force in 2005. It notes that this Law contains more detailed provisions on child labour and that some of the Office’s comments were taken into consideration in the process of elaborating this Law. The Committee requests the Government to provide information on other policy measures taken or envisaged, such as plans of action, to ensure the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. 1. The Republic of Serbia. The Committee notes that the Labour Law of Serbia of 2005, by virtue of its section 1, applies to the rights, duties and responsibilities deriving from labour relations. Pursuant to section 203 of the Serbian Labour Law, an individual can have an independent activity as an entrepreneur in accordance with the law. However, the Labour Law does not seem to indicate the minimum age for such an activity. The Committee therefore asks the Government to indicate whether the legislation of the Republic of Serbia establishes the minimum age for self-employment.

2. Montenegro. The Committee notes that section 10(2) of the Labour Law of Montenegro of 2003, which establishes the minimum age for employment, only applies to labour contracts. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and covers all kinds of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed in Montenegro to children carrying out an economic activity that is not covered by a labour contract, such as self-employment.

2. Minimum age for admission to employment or work. 1. The Republic of Serbia. The Committee notes that, under section 24 of the new Labour Law of the Republic of Serbia, employment relations may be established only with persons who are at least 15 years of age, in conformity with the minimum age of 15 specified by the Government at the time of ratification. The Committee takes due note of this information.

2. Montenegro. The Committee had previously requested the Government to provide information on the legislation in force in Montenegro regarding the minimum age for admission to employment or work, and to provide a copy of the relevant text. The Committee notes that, pursuant to section 10(2) of the Labour Law of Montenegro of 2003, labour contracts can be concluded with a person who has attained the age of 15 years and who possesses general health capacity. It takes due note of this information.

Article 2, paragraph 3. Compulsory schooling. The Committee had previously noted that article 32 of the Constitution of Serbia and article 62 of the Constitution of Montenegro state that primary education shall be compulsory and free. It had also noted that the Law on Primary School of 1992, as amended in 2002, provides that primary education lasts eight years in Serbia (section 1). The Committee had requested the Government to indicate the age at which compulsory schooling ceases and to provide further information on the legislation applicable to education in the State Union of Serbia and Montenegro. The Committee notes the absence of information on this point. It once again requests the Government to indicate the age of completion of compulsory schooling in Serbia and Montenegro.

Article 3, paragraph 1. Minimum age for admission to hazardous work. 1. The Republic of Serbia. The Committee had previously noted that the labour legislation of the Republic of Serbia prohibits employees under 18 years of age from performing hazardous work. The Committee notes that under section 25 of the new Labour Law of the Republic of Serbia, labour relations with persons below the age of 18 can be entered into upon written approval of the parents or guardians, under the condition that such work does not jeopardize their health, morals and education and is not prohibited by the law. It takes due note of this information.

2. Montenegro. The Committee had previously requested the Government to indicate whether the legislation of Montenegro provides for a prohibition to employ children under 18 years of age in hazardous types of work. The Committee notes that, pursuant to section 75 of the Labour Law of Montenegro of 2003, employees under 18 years of age shall not work at jobs that mainly involve particularly difficult physical work, underground or underwater work, nor shall they work at other jobs that may have a harmful effect on or involve increased risk for their health and lives. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. 1. The Republic of Serbia. The Committee had previously noted that the national legislation does not seem to provide for a list of the types of employment or work likely to jeopardize the health, safety and morals of young persons, pursuant to Article 3, paragraph 2, of the Convention. It had requested the Government to provide information in this regard. The Committee notes that, according to section 84 of the new Labour Law of the Republic of Serbia, employees under 18 years of age cannot be assigned to perform tasks involving strenuous physical work, work underground or underwater or at dangerous heights; involving exposure to harmful, toxic, carcinogenic substances, low temperatures, heat, noise or vibrations; as well as tasks that may increase health and life risks and be harmful pursuant to the advice of the competent health authority. Sections 87 and 88 of this Labour Law prohibit persons under the age of 18 from performing overtime and night work.

2. Montenegro. The Committee notes that sections 75 and 77 of the Labour Law of Montenegro of 2003 prohibit employees under 18 years of age from performing jobs involving particularly difficult physical work, underground or underwater work, overtime and night work, as well as other jobs that may have a harmful effect or involve increased risk for their health and lives. The Committee requests the Government to specify what other jobs that may have a harmful effect are referred to in the Labour Law of Montenegro of 2003, and to indicate whether the national legislation provides for any other list of the types of hazardous work.

Article 6. Apprenticeship and vocational training. 1. The Republic of Serbia. The Committee had previously noted that, under the Serbian Labour Law of 2001, an employer may employ a person as a trainee for an occupation for which he/she has acquired appropriate education, if it is prescribed by law or by the decision of the employer. Recalling that, by virtue of Article 6 of the Convention, only work done within the context of a programme of training or vocational guidance by persons of at least 14 years of age in undertakings is excluded from the scope of this Convention, the Committee had requested the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship. The Committee notes that section 47 of the new Labour Law of the Republic of Serbia provides for the possibility of 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. However, there seem to be no provisions setting the minimum age for traineeship. The Committee therefore requests the Government to provide information whether the national legislation contains provisions setting the minimum age for entry into apprenticeship.

2. Montenegro. The Committee had previously asked the Government to indicate whether the legislation of Montenegro provides for conditions regarding traineeship similar to those laid down in the Labour Law of Serbia. The Committee notes that sections 24 and 25 of the Labour Law of Montenegro of 2003 provides for the possibility to employ trainees. However, these sections do not specify the minimum age for training. The Committee asks the Government to indicate what is the minimum age for traineeship and apprenticeship in Montenegro.

Article 7. Light work. The Committee had previously requested the Government to provide information on any legislation that determines light work activities and the conditions in which such employment or work may be undertaken. It had also requested the Government to provide information on whether light work activities were performed in practice by children aged 13 or more. The Committee notes the Government’s information that the national labour legislation does not provide for exceptions concerning the prohibition of employment of persons under 15 years of age. It requests the Government to indicate whether, in practice, children under the age of 15 are employed for light work activities.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the general minimum age of 15 years in artistic performances. It had drawn the Government’s attention to the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. The Committee notes that the new Labour Law of the Republic of Serbia does not provide for the possibility for children under the age of 15 to participate in artistic performances. Nor does the Labour Law of Montenegro of 2003 appear to contain such provisions. The Committee also notes the Government’s indication that the national labour legislation does not provide for exceptions concerning the prohibition of employment of persons under 15 years of age. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 274 of the new Labour Law of the Republic of Serbia, an employer shall be fined 600,000 to 1,000,000 dinars if he/she enters into labour relations with a person under 18 years of age, contrary to the provisions of this law. It also notes that section 148 of the Labour Law of Montenegro of 2003 provides for fines amounting 50-200 minimal wages for violation of provisions of the labour legislation, including employment of minors and failure to observe the conditions for employment of persons under the age of 18. The Committee takes due note of this information.

Article 9, paragraph 3. Registers of employment. 1. The Republic of Serbia. The Committee had previously noted that the national legislation did not appear to contain provisions on registers or other documents that shall be kept and be made available by the employer, containing the names and ages or dates of birth of employees who are less than 18 years of age, pursuant to Article 9, paragraph 3, of the Convention. It had requested the Government to ensure that such documents are kept and made available by the employer. The Committee notes that, according to section 204 of the new Labour Law of the Republic of Serbia, the employee shall have a workbook, issued by the competent municipal administration body, which shall be handed over to the employer upon employment. 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 asks the Government to provide information on any regulations issued by the minister which prescribe the contents of the workbook.

2. Montenegro. The Committee had requested the Government to indicate the legislation applicable to Montenegro which provides for an obligation of the employer to keep registers of employees younger than 18 years of age. The Committee notes that sections 145-146 of the Labour Law of Montenegro of 2003 provide for the keeping of an employment record card. The contents of such a card shall be defined by the minister. The Committee asks the Government to indicate whether the employment record card contains the names and ages or dates of birth of employees younger than 18 years of age.

Part III of the report form. The Committee notes that sections 268-272 of the new Labour Law of the Republic of Serbia contain detailed provisions on supervision over implementation of this law, carried out by labour inspectors. It also notes that section 147 of the Labour Law of Montenegro of 2003 provides for enforcement of this law by labour inspectors. The Committee further notes the organizational scheme of the labour inspectorate provided by the Government.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s indication that the Department of Labour Inspection does not have at its disposal any statistical data concerning the employment of children and young persons. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc. even if such data is in the early stages of compilation