Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Serbie (Ratification: 2000)

The Committee notes the information contained in the Government’s first report. The Committee also takes note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2146 (327th Report, paragraphs 893-898 and 329th Report, paragraphs 152-155) and the comments communicated by the International Organisation of Employers (IOE) in this respect. The Committee asks the Government to submit its observations in this respect.

Article 2 of the Convention. Right of employers to establish organizations of their own choosing. The Committee notes from the conclusions of the Committee on Freedom of Association in Case No. 2146 that the federal Republic’s Law on the Yugoslav Chamber of Commerce and Industry is contrary to Article 2 of the Convention as it establishes compulsory membership in the chamber of commerce and vests it with the powers of employers’ organizations within the meaning of Article 10 of the Convention, such as the power to sign collective agreements. The Committee notes from the latest examination of this case by the Committee on Freedom of Association that no progress has yet been made in amending this Law.

The Committee requests that the Government take the necessary measures in the very near future to repeal all provisions of the Law on the Yugoslav Chamber of Commerce which give rise to compulsory membership or financing and to refrain from adopting any other legislative measure which would have a comparable effect. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is also addressing a request on certain other points directly to the Government.