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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Serbia (Ratification: 2000)

The Committee notes the observations of the International Organisation of Employers (IOE) and the Serbian Association of Employers (SAE) received on 1 September 2013, as well as the Government’s comments thereon. The Committee further notes the observations of the Union of Employers of Serbia (UES) received on 17 October 2014. The Committee also notes the observations from the IOE received on 1 September 2015, which are of a general nature.

The Committee had previously requested the Government to provide its comments on the observations – forwarded to the Committee by the Government in 2012 – from the following workers’ and employers’ organizations: (i) the UES; (ii) the Trade Union Confederation “Nezavisnost”; (iii) the Confederation of Autonomous Trade Unions of Serbia (CATUS); and (iv) the Confederation of Free Trade Unions (CFTU). The Committee notes that, in its report, the Government provides comments on some of the observations made by the workers’ and employers’ organizations. The Committee requests the Government to reply to the outstanding observations made by these organizations.

Civil liberties. In its previous observation, the Committee noted: (i) the Government’s indications to the 2011 Conference Committee that it had not been aware of the alleged physical assaults against union officials and members, especially in the educational and health-care sectors, claimed by the International Trade Union Confederation (ITUC) and the CATUS, and that, once provided with the relevant information, it would take the necessary steps to resolve the issue in accordance with the Convention; and (ii) the Conference Committee’s request that the Government undertake without delay independent investigations into the allegations and report accordingly. The Committee also noted with concern the ITUC allegation of an attempted physical attack during a strike organized by the Independent Trade Union of Police (ITUP) and requested the Government to take the necessary measures to institute an independent inquiry into all alleged acts of violence against trade union officials or members and to ensure respect for the abovementioned principles.

The Committee notes that: (i) in respect of the allegations of physical assaults on trade union officials and members, particularly in the educational and health-care sectors, the Government indicates in its report that it requires more data to be able to take the necessary measures and that, as soon as additional information is received, competent authorities shall take the necessary steps in accordance with the law; and (ii) in respect of the alleged attempt of physical attack during a strike organized by the ITUP, the Government indicates that it had already provided a reply on this issue. In this regard, the Committee observes that the Government previously indicated that the Ministry of Interior followed up a notification of such allegations submitted by the ITUP. Recalling that the right of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, the Committee requests the Government to provide further information on the follow-up measures taken by the Ministry of Interior to investigate the alleged attempted assault during the strike organized by the ITUP, as well as the outcome of such investigation.

Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing without previous authorization. The Committee recalls that for a number of years, it has been commenting upon the need to amend section 216 of the Labour Act, which provides that employers’ associations may be established by employers that employ no less than 5 per cent of the total number of employees in a certain branch, group, subgroup, line of business or territory of a certain territorial unit, in order to establish a reasonable minimum membership requirement. In its previous observation, the Committee noted the Government’s indication that the Committee’s comments on section 216 would be taken into consideration in the course of the amendment of the Labour Act. The Committee also observed that, in its conclusions, the 2011 Conference Committee considered that the Government should accelerate the long-awaited amendment of section 216 of the Labour Act, especially to repeal the 5 per cent threshold, and that concerns persisted about the full participation of the social partners in the announced legislative review. The Committee notes that the Government restates the content of section 216 of the Labour Act but does not provide any further information on the requested legislative amendments. Regretting the lack of progress, the Committee trusts that the process of revising the relevant legislation will be conducted in full consultation with the most representative workers’ and employers’ organizations and that due account will be taken of the need to amend section 216 of the Labour Act, so as to establish a reasonable minimum membership requirement that does not hinder the establishment of employers’ organizations. The Committee firmly hopes that the legislative process will be completed in the near future and requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.