Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Serbia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free entry of labour inspectors to workplaces without prior notice. The Committee notes with concern that the new Law on Inspection Oversight No. 36/15 of April 2015 applies to labour inspection and provides for a number of restrictions on the powers of inspectors. This includes with regard to the free initiative of labour inspectors to undertake inspections without prior notice provided for in Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129: sections 16 and 17 of the Law, which require three days prior notice for most inspections and a written inspection warrant (except in emergency situations) specifying, among other things, the purpose of the inspection and its duration. Section 16 further provides that if, during the course of the inspection, an inspector uncovers an instance of non-compliance that exceeds the inspection warrant, the inspector must apply for an addendum to the warrant. The Committee also notes that the Law provides that inspectors shall be held personally accountable for the actions undertaken in the course of their duties (section 49) and that they may receive a fine in the amount of Serbian dinar (RSD) 50,000 to RSD150,000 (approximately US$500 to US$1,500), for example, if they undertake inspections without prior notice (section 60). The Committee requests the Government to take the necessary measures to ensure that the restrictions and limitations for labour inspectors in the Law on Inspection Oversight No. 36/15 are expeditiously removed so as to ensure that labour inspectors are empowered to enter freely and without previous notice workplaces liable to inspection in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, and to inform the Committee of steps taken in this regard.

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