Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Serbie (Ratification: 2005)

Articles 2 and 5 of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the Government’s detailed report received in September 2012 in response to the request made by the Committee in its 2011 observation and by the Conference Committee in June 2012. It also notes the observations submitted by the Trade Union Confederation Nezavisnost and the Confederation of Autonomous Trade Unions of Serbia (CATUS) in September 2012. The Committee notes the information provided by the Government indicating that, as a result of the submission procedures, it has the intention to ratify both the Maritime Labour Convention, 2006 (MLC, 2006), and the Domestic Workers Convention, 2011 (No. 189). The Government indicates that it submits a report each year on the implementation of ILO Conventions to the social partners and the Economic and Social Council. It adds that the opinions of the social partners are duly submitted to the ILO. With respect to the observations submitted by the Serbian Association of Employers, noted in the 2011 observation concerning the short deadline to provide comments on reports on the application of ratified Conventions, the Government replies that reports were submitted to all the social partners on 18 August 2011, with the deadline for submitting comments until 28 August 2011. Reports could not have been submitted earlier to the social partners due to delays in the delivery of contributions from other relevant institutions. The Government indicates that representatives of CATUS sought and were granted an extension of this deadline, and their comments were submitted by 15 September 2011. The Government adds that it has never happened that it does not accept a request to extend the deadline for the submission of contributions of any organization which is responsible for providing comments on the implementation of ILO Conventions. To avoid such situations in the future, the Ministry of Labour and Social Policy will inform social partners that they can always request additional time to submit comments, if needed.

The Committee notes that Nezavisnost reiterates its prior concerns, that while a regulatory framework for social dialogue exists formally, the Government’s report does not include information on the functioning of the consultative mechanisms nor information on the activities of the Economic and Social Council. In addition, the CATUS indicates that a number of legal projects were submitted to Parliament for adoption without the opinion of the Economic and Social Council. The Committee invites the Government to provide information with respect to the issues raised by the social partners. It also invites the Government to provide in its next report information on the operation of the consultation mechanism, specifying the activities of the Economic and Social Council on the matters related to international labour standards listed in Article 5(1) of the Convention. Please also indicate the frequency of consultations held and the nature of any reports or recommendations made by the Economic and Social Council on the matters covered by the Convention as a result thereof (Article 5(2)).

The Committee notes that the Government provided an additional reply in late November 2012 to the comments from Nezavisnost. The Committee will examine this additional reply in 2013 at the same time it will consider the Government’s further information requested above in this observation.