Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Serbia (Ratification: 2000)

The Committee notes with regret that the Government’s first report has still not been received.

With regard to its previous comments concerning the power of the Yugoslav Chamber of Commerce and Industry to sign collective agreements previously negotiated between employers’ and workers’ organizations, the Committee takes note of the written and oral information provided by the Government representative during the discussion that took place at the Conference Committee in June 2004. The relevant issues, which concern both Conventions Nos. 87 and  98, are treated under Convention No. 87 (see observation on Convention No. 87).

The Committee takes note of the comments communicated by the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002 and 19 July 2004 respectively, which concern acts of anti-union discrimination, including dismissals, against members and officials of the Nezavisnost national trade union centre. The Committee requests the Government to indicate in its next report its observations in this respect, and in particular, any measures taken to investigate these allegations and the outcome of the investigations.

The Committee notes that articles 139 and 142 of the Labour Law of 21 December 2001 of the Republic of Serbia limit the right to collective bargaining to employers’ associations representing at least 10 per cent of the employers in the branch of activity concerned, or of the total number of employers in a territorial unit. The Committee considers that this percentage requirement is excessively high and obstructs collective bargaining in violation of Article 4 of the Convention. The Committee requests the Government to indicate in its next report the measures taken or contemplated so as to lift this requirement.