Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

The Committee notes the Government’s report and requests it to provide additional information on the following matters.

1. Articles 1 and 2 of the Convention. Legislation. The Committee notes with interest the provisions prohibiting discrimination in employment and occupation contained in section 18-23 of the Labour Code. With respect to the Law on Employment and Unemployment Insurance, the Committee notes that section 8 prohibits discrimination in the provision of employment services on a number of grounds, however, not on the ground of sex. The Committee recommends amending section 8 of the Law on Employment and Unemployment Insurance to prohibit discrimination based on sex, and requests the Government to indicate any measures taken in this regard. Please also indicate the progress made in the adoption of a new law on gender equality.

2. Gender equality. The Committee notes that the Government’s report contains little information on the measures taken by the Government to promote and ensure equality of opportunity and treatment of men and women in employment. It, therefore, requests the Government to provide information on any specific activities of the Gender Equality Council to promote gender equality at work, the manner in which the National Employment Strategy and its implementation promote gender equality in employment (including equal access of men and women to jobs and employment in all sectors and levels of responsibility), as well as statistical information on the participation of men and women in the labour market.

3. Equality irrespective of ethnic origin. The Committee notes that the Government has taken a number of measures to promote the access of members of the Roma minority to employment, including through the adoption of an action plan on this matter. The Committee requests the Government to provide detailed information on the specific programmes carried out to promote equal opportunities in employment and occupation of the Roma, including positive measures. Please provide statistical information on the level of participation of the Roma in the various programmes and the impact of these measures on their labour market situation. In addition, the Committee requests the Government to indicate the measures taken to promote equality of opportunity and treatment in employment and occupation of other national minorities, including the legislation in force protecting the human rights of persons belonging to these minorities.

4. Enforcement. The Committee notes that the labour inspection services are mandated to address violations of the Labour Law’s non-discrimination provisions and that the Law provides penalties for breaches of the relevant provisions. In addition, victims of discrimination can seek compensation in court. The Committee requests the Government to provide information on the manner in which the labour inspection services supervise the application of the non-discrimination provisions of the Labour Law, including the number and outcome of infringement proceedings. It also asks the Government to indicate any discrimination cases dealt with by the courts.

5. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to indicate the measures taken to seek cooperation of workers’ and employers’ organizations in promoting equality of opportunity in employment and occupation, including any specific action taken in this area by the Social and Economic Council.

6. Article 3(d). Employment under the direct control of a national authority. The Committee notes that the Labour Law applies to employees of public bodies, territorial autonomous bodies and local self-government and public services, unless the law stipulates otherwise. The Committee requests the Government to indicate how the Convention is applied to civil servants.

7. Article 4. Measures affecting individuals suspected of or engaged in activities prejudicial to state security. The Committee requests the Government to provide information on any legislative or administrative measures that may have been taken concerning persons justifiably suspected of or engaged in activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation, and the procedural remedies available to challenge such action.