Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the comments made by the International Organisation of Employers (IOE) dated 7 October 2002, as well as of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2146 (327th Report paragraphs 893-898). The Committee also takes note of the written and oral information provided by the Government representative during the discussion that took place at the Conference Committee in June 2003 in the framework of the discussion on the application of the Convention as well as the text of the Law on the Termination of the Law on the Yugoslav Chamber of Commerce and Industry which came into force on 4 June 2003 and was recently transmitted by the Government.

1. Article 4 of the Convention. Measures to promote machinery for voluntary negotiation between employers’ and workers’ organizations. The Committee takes note of the comments communicated by the IOE in October 2002 to the effect that Article 4 of the Convention is violated by section 6 of the Law on the Yugoslav Chamber of Commerce and Industry which vests chambers of commerce with the power to sign collective agreements previously negotiated between employers’ and workers’ organizations. The Committee also takes note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2146 according to which, while the law did not appear in itself to provide a monopoly to the Chamber of Commerce to conclude collective agreements, any collective agreement resulting from negotiations should be signed by the Chamber of Commerce which was legislatively constituted and had compulsory membership of all employers. The Committee notes that the Committee on Freedom of Association had requested the Government to take the necessary measures to ensure that the results of negotiations would not be subjected to the approval of the legislatively constituted Chamber of Commerce. The Committee further notes from the IOE comments that the Government had not taken any measure to repeal the provisions that granted the Chamber of Commerce the power to approve the results of collective bargaining, so as to give effect to the recommendations of the Committee on Freedom of Association, while the Chamber of Commerce was trying to by-pass any obstacles by creating parallel employers’ organizations.

The Committee notes from the written and oral information provided by the Government representative to the Conference Committee in June 2003, that the Chamber of Commerce and Industry had been dissolved by a law which was not available at the time. The Committee also notes that according to the Government, the Chamber did not participate in collective bargaining, which was reserved to the voluntary associations of employers under section 136, paragraph 1, of the Labour Law.

The Committee takes note of the text of the Law on the Termination of the Law on the Yugoslav Chamber of Commerce and Industry transmitted by the Government in October 2003 on the basis of which the Chamber of Commerce and Industry of Yugoslavia has been dissolved. The Committee observes however, that section 2, paragraph 1, of the Law provides that the rights, obligations and activities of the dissolved Yugoslav Chamber of Commerce and Industry shall be taken over by the Chamber of Commerce and Industry of Serbia and the Chamber of Commerce and Industry of Montenegro. The Committee therefore observes that the new Chambers of Commerce and Industry of Serbia and Montenegro appear to continue to have the power to sign collective agreements and that, therefore, the new legislation does not substantially modify the previous regime.

The Committee considers that the power of chambers of commerce to approve the results of collective bargaining constitutes interference contrary to Article 4 of the Convention and a violation of the free and voluntary nature of collective bargaining by the negotiating parties. The Committee therefore requests the Government to take all necessary legislative measures without delay so as to eliminate this power of the Chambers of Commerce and Industry of Serbia and Montenegro. The Committee requests the Government to indicate any measures adopted in this respect.

2. Comments of the International Confederation of Free Trade Unions (ICFTU) on the questions raised by the new Labour Law. The Committee takes note of the comments made by the ICFTU in September 2002 and will examine the questions raised therein at its next meeting in the framework of the regular reporting cycle.