Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the comments made by the Serbian and Montenegrin Employers’ Association (UPSCG) in a communication dated 7 April 2005. It observes that most of these comments concern issues which have already been raised by the Committee in previous observations. The Committee will examine these comments at its next session, along with the Government’s report which is due in 2006.

Article 2 of the Convention. The Republic of Serbia. 1. The Committee notes that the UPSCG criticizes the new Labour Law as it contains provisions which allow for organizations of employers to be established only if the founding members employ approximately 650,000 workers.

The Committee observes in this respect that article 216 of the Labour Law provides that in order to establish an association of employers, the founding members must employ no less than five per cent of employees of the total number of employees in a certain branch, group, subgroup, line of business or territory of a certain territorial unit.

The Committee considers that, although a minimum membership requirement is not in itself incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations may not be hindered (see General Survey on freedom of association and collective bargaining, 1994, paragraph 81). The Committee is of the view that the minimum membership requirement found in article 216 of the Labour Law amounts to a denial of the right to organize for employers, especially in micro, small and medium enterprises. The Committee requests that the Government amend article 216 of the Labour Law so as to establish a reasonable minimum membership requirement.

2. The Committee further asks the Government to provide its response to the other pending questions addressed in its previous observation (see 2004 observation, 75th Session) and previous direct request (see 2004 direct request, 75th Session.)