Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Serbia (Ratification: 2005)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in November 2014 and the observations made by the Union of Employers of Serbia and the Confederation of Autonomous Trade Unions of Serbia (CATUS), transmitted by the Government. The Committee also notes the observations made by the Trade Union Confederation “Nezavisnost”, received in August 2014, and the Government’s response which was received in December 2014. In its observations, Nezavisnost warns of the consequences of the absence of social dialogue and non-compliance with ILO Conventions in Serbia, adding that a set of laws has been enacted in breach of the procedure laid down in legislation and of the Convention. Nezavisnost also states that it was not informed about whether the Government had prepared its report on the application of the Convention, nor whether the Government had asked the social partners for comments on its report. The Union of Employers of Serbia states that, in spite of the fact that the regulatory framework and proclaimed support to social dialogue is in place, effective tripartite consultations between the Government and the social partners have not been regular and steady practice, but rather a matter of choice for individual ministries. It adds that not all the laws authorizing the ratification of ILO Conventions have been submitted to consultation, such as the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), which was ratified in December 2014. CATUS indicates that Serbia needs to consider unratified ILO Conventions and embark upon the ratification of those that may improve and advance workers’ rights and position, improve occupational safety and health standards and place environmental protection at a higher level. CATUS is also of the view that representative trade unions should be consulted on which of the Conventions should be ratified. In its reply to the observations made by Nezavisnost, the Government indicates that the 2014 reports on the application of ILO Conventions were communicated at a later date to the social partners, on 6 October 2014, due to the enactment of the Law Amending the Labour Code, which was adopted on 29 July 2014. Moreover, the Government states that the social partners, including the Union of Employers of Serbia, Nezavisnost and CATUS, have always been involved in the working groups tasked with the development of labour legislation. In its report, it adds that all pieces of legislation governing labour and welfare are regularly communicated to the Social and Economic Council. The Committee requests the Government to provide specific information on the tripartite consultations held on the matters concerning international labour standards covered by the Convention (Article 5(1)). Please indicate the nature of any reports or recommendations made as a result of the consultations. The Committee also requests the Government to continue to provide information on the activities of the Social and Economic Council on the matters covered by the Convention.