Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 408, Octobre 2024

Cas no 3404 (Serbie) - Date de la plainte: 02-MARS -21 - En suivi

Effect given to the recommendations of the committee and the Governing Body

1. 54. The Committee last examined this case, in which the Trade Union of Workers – National Bank of Serbia (TUW–NBS) alleged that it had lost the majority of its members to another union supported by the employer as a result of several acts of anti-union interference and was subsequently deprived of its status of representative trade union, at its October 2022 meeting [see 400th Report, paras 652–688]. On that occasion, the Committee requested the Government to: (i) institute an independent investigation without delay into the allegations of anti-union interference by the National Bank of Serbia (hereinafter “NBS”) and, if acts of interference were identified, to ensure that corrective measures and sufficiently dissuasive sanctions could be taken; and (ii) provide information on the outcome of the complaints filed with the Ministry of Labour and the criminal complaint that was being examined by the High Court of Belgrade.
2. 55. In a communication dated 14 June 2024, the complainant states that it has not been informed of any activities undertaken by the Government to comply with the Committee’s recommendation. It also informs that on 16 November 2023, the Conciliation Committee of the Agency for Peaceful Settlement of Disputes issued a Recommendation on the resolution of the collective labour dispute between the parties, which called for the resolution of the disputed issues in a peaceful and civilized manner.
3. 56. The complainant indicates that, in line with the recommendation of 16 November 2023, it initiated a procedure for the amicable settlement of the labour dispute before the above-mentioned agency. It affirms, however, that on 26 February 2024, the NBS did not accept the amicable settlement, which resulted in the suspension of the procedure on 4 March 2024.
4. 57. The Government provides its observations in communications dated 1 January, 14 February, 14 March and 4 September 2024. It informs that the NBS implemented the recommendation of 16 November 2023 by: (i) issuing Decision No. 11278 of 27 November 2023, which determined the right of Mr Blazo Knezevic, President of the TUW–NBS, to eight paid hours per month for the performance of tasks related to trade union activities; and (ii) beginning to draft an agreement on the right to meetings between its management and the TUW–NBS. With respect to the procedure initiated by the complainant before the agency, the Government indicates that the subject of the labour dispute was the right to trade union organization and action at the NBS, and that the latter did not consent, as it considered that the issue had already been resolved.
5. 58. As regards the complaints filed with the Ministry of Labour and the criminal complaint that was being examined by the High Court of Belgrade, the Government indicates that the court proceedings are still ongoing, and that it will inform of their outcome once they have been concluded.
6. 59. The Committee takes due note of the information provided by the complainant and the Government. With regard to the independent investigation into the allegations of anti-union interference by the NBS that it had recommended, the Committee notes that the complainant affirms that: (i) it was not informed that any such investigation had been undertaken by the Government; and (ii) after the issuance of a recommendation of 16 November 2023 by the Agency for Peaceful Settlement of Disputes, the TUW–NBS initiated an amicable settlement procedure, which was rejected by the NBS in February 2024.
7. 60. The Committee notes that the Government, for its part, states that the NBS: (i) implemented the recommendation of 16 November 2023 by allowing the President of the TUW–NBS to allocate eight remunerated hours per month to the performance of union activities, and by beginning to draft an agreement on the right to meetings between its management and the TUW–NBS; and (ii) did not consent to the subsequent procedure initiated by the TUW–NBS, as it considered that the subject of the labour dispute, namely the right to trade union organization and action, had already been resolved.
8. 61. While the Committee welcomes the progress made regarding the right to hold meetings, an aspect on which it had invited the Government to encourage dialogue between the parties, it also regrets to note that no independent investigation into the allegations of anti-union interference appears to have been initiated, and that the NBS refused to engage in a conciliation procedure that could have addressed this element of the dispute. The Committee recalls that, according to the complainant, the NBS facilitated the installation of another trade union organization under its domination, the Trade Union Organization of Independent Trade Unions of the National Bank of Serbia (TUOITUNBS), and helped increase its membership through automatic registrations, illegal transfers and pressures. Recalling once again that workers shall have the right to join organizations of their own choosing without any interference from the employer [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1189], the Committee urges the Government to conduct an independent investigation into the allegations of anti-union interference by the NBS and, if acts of interference are identified, to ensure that corrective measures and sufficiently dissuasive sanctions can be taken. The Committee requests the Government to provide information on any developments in this regard.
9. 62. The Committee also notes the Government’s indication that the complaints filed with the Ministry of Labour, as well as the criminal complaint that was being examined by the High Court of Belgrade, are still pending resolution. The Committee requests the Government to keep it informed of their outcome.