Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Wage Fixing Convention, 1970 (No. 131) - Serbia (Ratification: 2000)

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” and of the Serbian Association of Employers (SAE) communicated with the Government’s report.

Article 3 of the Convention. Criteria for the determination of the minimum wage. The Committee notes that the Trade Union Confederation “Nezavisnost” reiterates its previous observations that the minimum wage level does not cover the basic needs of workers and their families. The union also suggests that the adoption of a formula for calculating the minimum wage, on the basis of the criteria established in the Labour Law, should be considered. The Committee further notes that the SAE considers that when determining the minimum wage, their arguments are not sufficiently taken into account. The SAE also refers to the strong pressure put on small companies when the labour costs are too high. The Committee notes that one of the outcomes of the Decent Work Country Programme for Serbia (DWCP 2019–22) concerns the improvement of the minimum wage fixing mechanism. The DWCP indicates that while the Labour Law establishes criteria for determining the minimum wage, the relation among those elements needs to be defined more precisely. In this context, the Committee invites the Government to consider developing, in full consultation with the social partners, a methodology to put the various criteria for determining the minimum wage into relation to each other. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 5. Enforcement. Further to its previous comments, the Committee notes that the Trade Union Confederation “Nezavisnost” reiterates its previous observations regarding the non-respect of the minimum wage. It notes that the Government refers in its report to section 121 of the Labour Law, as amended in 2014, which provides that the monthly wage statement delivered by the employer to the employee shall represent an enforceable document. According to the Government, this provision enables employees to request payments of their wage claims within a shorter enforcement procedure. The Government also refers to the inspection system and sanctions provided for in the Labour Law. The Committee requests the Government to provide information on the application of these provisions in practice, including the number of violations detected and the sanctions imposed.