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

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 the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC) on the application of these Conventions, received on 29 August and 1 September 2019, respectively, and the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), the Trade Union Confederation “Nezavisnost”, and the Serbian Association of Employers (SAE), communicated with the Government’s report on the application of these Conventions.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

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 previously noted restrictions on the powers of inspectors in the Law on Inspection Oversight No. 36/15: sections 16 and 17 of the Law 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. Pursuant to sections 49 and 60, inspectors shall be held personally accountable for the actions undertaken in the course of their duties and may receive a fine if they undertake inspections without prior notice.

The Committee notes the 2019 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Serbia, which called on the Government to: (i) amend sections 16, 17, 49 and 60 of the Law on Inspection Oversight without delay so as to ensure that labour inspectors are empowered to enter freely and without previous notice workplaces in order to guarantee adequate and effective supervision in conformity with Convention No. 81 and Convention No. 129; and (ii) undertake the legislative reforms in consultation with the social partners as well as to ensure effective collaboration between the labour inspectorate and the social partners. The Committee notes the observations of the IOE, the ITUC and the Trade Union Confederation “Nezavisnost” which recall these conclusions adopted by the CAS. The Committee also notes the SAE’s indication in its observations that it is ready to review, with ILO technical assistance and through social dialogue, the Law on Inspection Oversight, in light of these conclusions. The Committee further notes the observations of CATUS, which state that section 17 of the Law on Inspection Oversight contradicts Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. According to CATUS, while ratified Conventions take precedence under the Constitution, inspections in practice are made with reference to national legislation and it is only in judicial proceedings that the court applies the Convention, in response to its reference by the workers’ attorney. The Committee welcomes the Government’s indication in its report that the Ministry of Labour, Employment, Veteran and Social Affairs held consultations with the Ministry of Public Administration and Local Self-Government, and that a tripartite workshop attended by all relevant stakeholders will take place with the technical assistance of the ILO in January 2020. The Committee also notes the information provided by the Government concerning the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, including its indication that, in 2018, 93 per cent of inspections took place without previous notification to the employer, and that all 939 inspections of unregistered entities were undertaken without previous notice. Taking note of all these considerations, the Committee expects that the Government will continue to take the necessary and prompt measures to ensure the appropriate follow-up to the conclusions of the CAS, in consultation with the social partners. In this respect, it requests the Government to continue to provide information on the measures taken to ensure full compliance with Article 12 of Convention No. 81 and Article 16 of Convention No. 129, and to provide information on the outcome of the tripartite workshop.

Articles 3(1)(a) and (b), 7, 10 and 16 of Convention No. 81 and Articles 6(1)(a) and (b), 9, 14 and 21 of Convention No. 129. Adequate number of qualified labour inspectors and inspection visits to ensure the effective application of the legal provisions. The Committee previously noted that, in 2016, the number of labour inspectors decreased from 324 to 242 following the implementation of administrative reforms. It noted the Government’s indication that the labour inspectorate has managed to significantly increase the efficiency of its work with the existing resources, as a result of intensified inspections.

The Committee notes the observations of CATUS that the number of inspectors is insufficient and that they do not have appropriate conditions and means of work, all of which contribute to the large number of workers’ rights violations; and notes the observations of the ITUC that the Government has taken measures to significantly decrease the number of labour inspectors, and that the ratio of inspectors to registered business entities does not enable an effective inspection service. The Committee also notes the indication of the Government, in response to the Committee’s previous comments, that there are 240 labour inspectors and 416,815 registered business entities liable to inspection as at July 2019. The Committee also notes that the Government refers to a number of measures recommended by a 2019 analysis of inspection services, undertaken by the Balkan Centre for Regulatory Reform and the National Alliance for Local Economic Development, including the hiring of additional labour inspectors and support staff, the procurement of new IT equipment and new vehicles, and the amendment of an existing Rulebook to foresee the hiring and training of junior inspectors, in view of the aging demographic of the existing workforce of labour inspectors. In this respect, the Committee notes the Government’s indication that it is in the process of adopting conclusions for a three-year action plan to hire civil servants carrying out inspections. The Committee requests the Government to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. In this respect, it requests the Government to indicate the measures taken to implement the recommendations to improve the labour inspectorate, including the implementation of the three-year action plan on the hiring of additional inspectors.

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

[The Government is asked to reply in full to the present comments in 2020.]