Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Serbia (Ratification: 2000)

Article 3 of the Convention. National policy. The Committee notes the adoption of the Law on Gender Equality of 2009 (Official Gazette 104/09), and the Government’s indication in this regard that absence from work due to pregnancy and parenthood must not hinder selection for a higher position, professional developments, nor become the ground for demotion or termination of the labour contract. It also notes the Government’s indication that there is no data from courts or other competent public authorities on actions undertaken in respect of violation of section 18 of the Labour Law or section 8 of the Law on Employment and Unemployment Insurance. The Committee asks the Government to provide information on the practical application of the Law on Gender Equality of 2009 with respect to promoting a sharing of family responsibilities between men and women, as well as a copy of this law. It also asks the Government to continue to provide information on any cases involving infringements of section 18 of the Labour Law, or section 8 of the Law on Employment and Unemployment Insurance, dealt with by the courts or the competent administrative authorities, including termination disputes concerning workers with family responsibilities.

Article 4. Leave entitlements. The Committee recalls sections 91–100 of the Labour Code, which provide for leave entitlements and reduced working time, and notes that an employee is also entitled to paid leave for a total duration of seven working days in a calendar year in the event of serious illness of a member of his/her immediate family (section 77 of the Labour Code). While noting the Government’s indication that the Government does not have any data on the practical implementation of the provisions concerning leave entitlements and reduced working time, the Committee also notes that section 9 of the “Rulebook on terms, conditions, procedure and manner for generating rights for absence from work for child special nursing purposes” provides that the right for absence from work or part time work shall be established by the competent authority based on the request. The Committee encourages the Government to take steps to compile statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements and reduced working time under sections 77 and 91–100 of the Labour Code, respectively, with a view to enabling workers to reconcile work and family responsibilities.

The Committee notes that an employed woman has the right to take maternity leave (leave for pregnancy and childbirth), as well as leave for childcare, for the total length of 365 days (section 94(1), (3), and (4) of the Labour Code); and that an employed woman is entitled to take maternity leave for a total duration of two years for a third and any subsequent child, or when she gives birth to three or more children from her first pregnancy, as well as when she gives birth to one, two, or three children, and gives birth to two or more children in the subsequent delivery (section 94a(1) and (2) of the Labour Code). During the period of maternity leave (until three months after the childbirth) provided for under section 94(3) and section 94a(1) and (2) of the Labour Code, a father may use the right to leave with wage compensation. However, such right is limited to cases when a mother deserts the child, dies or is prevented from caring for the child due to other justified reasons, including serving a prison sentence, or being severely ill (section 94(5) and 94a(4) of the Labour Code, respectively). While welcoming these provisions, the Committee draws the Government’s attention to the fact that when legislation reflects the assumption that the main responsibility for family care and the household lies with women, it reinforces stereotypical attitudes regarding the roles of men and women and existing gender inequality. The Committee considers that the measures to assist workers with family responsibilities should be made available to men and women equally (General Survey on fundamental Conventions, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that such entitlements are available to men and women on an equal footing.

Article 5. Childcare and family services and facilities. The Committee notes the statistical data provided by the Government concerning the number of children who were enrolled in pre-school institutions, including nursery school (up to 3 years of age) and kindergarten (3–6 years of age) in the year 2009. According to the statistics, there were 8,346 children enrolled over capacity, and 13,791 children not enrolled due to full capacity of the pre-school institutions. The Committee asks the Government to provide further information on any measures taken or envisaged to provide adequate childcare and family services and facilities, indicating the progress made in extending coverage of care services and facilities for children, as well as the results achieved thereof. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee recalls that this Article requires the competent authorities and bodies to take appropriate measures to promote information and education engendering broader public understanding of equality of men and women workers and the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming them. The Committee once again requests the Government to indicate any activities of the Council for Gender Equality to promote broader public understanding of the principle of gender equality and work and family issues, as well as the need to address the problems that workers with family responsibilities face.

Article 7. Integration in the labour market. The Committee notes the Government’s indication that the National Employment Strategy for 2005–10 and the National Employment Action Plans for 2009–10 provided for measures to support gender equality in employment. It also notes the statistics provided by the Government, according to which in 2009 women made up 56.9 per cent of those having participated in programmes for additional education and training. However, it is not clear whether the programmes for additional education and training are specifically aiming at enabling male and female workers with family responsibilities to become, and remain, integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities. The Committee asks the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy or the National Employment Action Plans. It also asks the Government to provide statistical information on the number of employees who return to work after taking maternity leave or leave for childcare.

Article 9. Application of the Convention by collective agreements. The Committee notes the information provided by the Government concerning special collective agreements in a number of sectors. It notes with interest that special collective agreements for state authorities, for police officers, and for local self-government and territorial authorities provide for leave to take care of immediate family members; special collective agreements for primary and secondary schools and higher education, for police officers, cultural and student standard institutions, and local self-government and territorial authorities provide for protection against dismissal both for male and female workers with family responsibilities. The Committee also notes that special collective agreements for agricultural, food, tobacco industry and waterway industries restrict the access of a female worker with family responsibilities to the higher risk category of jobs; special collective agreements for public cultural institutions prohibit the transfer of a female worker with family responsibilities to another workplace without her consent; special collective agreements for public health institutions prohibit reassignment of a female worker with family responsibilities to another position without her consent. The Committee asks the Government to provide information on the measures taken, with the cooperation of workers’ and employers’ organizations, to ensure that the protection from certain jobs, or limitation on transfer or reassignment, is available for both men and women on an equal footing. It also asks the Government to provide information on the practical application of the provisions in the special collective agreements aimed at assisting workers in reconciling their work and family responsibilities, including any obstacles encountered.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Social-economic Council provided its comments on the laws and policies with regard to equal treatment of men and women and prohibition of discrimination based on family obligations. The Committee requests the Government to provide information on the specific manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of laws, measures and policies giving effect to the Convention, including in the context of the Social-economic Council, and the adoption and implementation of workplace policies on work and family reconciliation.