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

Republic of Montenegro

The Committee notes the information contained in the Government’s report.

1. Protection afforded to workers’ representatives. The Committee notes that section 40 of the Constitution of the Republic of Montenegro and sections 139 and 140 of the Labour Code include specific protections afforded to workers’ representatives against prejudicial acts like dismissals, transfers, etc. The Committee requests the Government to give details regarding the procedures and sanctions applicable in case of acts of anti-union discrimination against workers’ representatives.

2. Coexistence of workers’ representatives in the same undertaking. Recalling that, Article 5 of the Convention requires that where trade union representatives and elected representatives exist in the same undertaking, the existence of elected representatives should not be used to undermine the position of trade unions concerned or their representatives, the Committee requests the Government to explain the way this Article is applied.

Republic of Serbia

The Committee notes the information contained in the Government’s report and notes the adoption of a new Labour Law in 2005.

Protection afforded to workers’ representatives. The Committee notes that the Labour Law establishes facilities to workers’ representatives and sanctions in case of anti-union discrimination and declares null and void these acts.