Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments made by the Confederation of Autonomous Trade Unions of Serbia (CATUS), which were attached to the Government’s report.

1. Information on the points set out in the report form. The Committee recalls its previous comments in which it noted the recent changes in legislation and migration trends experienced in the country and the need for full information enabling the Committee to assess the manner in which the Convention is applied. The Committee notes that a national strategy on external migration is being envisaged which would deal with the conditions of social and economic reintegration of migrant returnees and their families, in particular of young persons and those with professional qualifications. The Committee also notes from the Government’s report on the Migration for Employment Convention (Revised), 1949 (No. 97) that a law on employment of foreign citizens in Serbia and a law on conditions for the movement and stay of foreign citizens will be completed in 2008. Noting that the Government’s report does not provide any further information regarding the application of the Convention, the Committee reiterates its request to the Government to supply full particulars, including the specific provisions of the relevant legislation, on each of the Articles of the Convention and on each of the questions set out in the report form. Please also provide a copy of the new legislation on foreign citizens and of the national strategy on external migration, including information on its implementation, once adopted.

2. Article 1. Protection of basic human rights. The Committee recalls its previous comments regarding the treatment, including under the law on the movement and stay of foreigners, of victims of trafficking and refugees and the need to protect their basic human rights in so far as they are workers employed outside their home country. Noting that the Government’s report does not provide any further details on this point, the Committee reiterates its request to the Government to provide information on the practical measures taken, and their effectiveness, to ensure respect for the basic human rights of all migrant workers, including refugees and trafficked persons.

3. Articles 2 and 9. Identifying illegal employment and migration in abusive conditions and rights of migrant workers in an irregular situation. The Committee notes the concern expressed by CATUS regarding effects of undeclared work, currently not reflected in the national statistics, on the workers concerned and their lack of protection concerning their basic labour rights. The Committee asks the Government to indicate the measures taken to collect data, disaggregated by sex and origin, on migrant workers engaged in undeclared work and to protect their basic human rights as well as their rights arising out of past employment with respect to remuneration and social security.

4. Article 8. Right to remain in the country after loss of employment. The Committee notes the Government’s statement that persons who have been compulsorily insured in case of unemployment and who have been discharged from work are entitled to monetary compensation upon termination of employment, if the employment was terminated without the will or fault of the employee. While appreciating this information, the Committee notes that Article 8 aims to protect migrant workers from having their residency permit revoked when losing their employment prematurely. The Committee therefore asks the Government to provide information on the effect on the legal situation of migrant workers who have legally resided in the country on the loss of their employment and to indicate how such workers enjoy equal treatment with nationals in the areas of security of employment, the provision of alternative employment, relief work and retraining.

5. Article 9. Equality of treatment of migrants in an irregular situation. With reference to its previous comments concerning the rights of women migrant workers reported as working in bars and restaurants in irregular situations, the Committee must reiterate its previous request to the Government to provide more information on the measures taken to ensure that these women enjoy equality of treatment in respect of rights arising out of past employment as regards remuneration, social security and other benefits with regularly admitted migrant workers. It also asks the Government to provide details of any civil proceedings brought by irregular status migrant workers, including trafficked persons, to claim their rights arising out of past employment.

6. Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the Law on Employment and Insurance in the Case of Unemployment ensures equality of jobseekers in the employment process regardless of race, colour of skin, nationality, ethnic origin, language, religion or any other circumstances that might be a ground for discrimination. Those who think themselves to be discriminated against during the employment process can require an indemnity from the employer before the court. The Committee asks the Government to provide more information on the practical application of provisions of the Law on Employment and Insurance in the Case of Unemployment, including any complaints dealt with by the courts regarding discrimination of migrant workers. The Committee also reiterates its previous request to the Government to indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form with respect to Articles 10 and 12 of the Convention. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics) concerning measures to combat discrimination against women migrant workers.

7. Part V of the report form. The Committee reiterates its request to provide information on the manner in which the Convention is applied in practice, as requested under this Part of the report form, and information, disaggregated by sex and nationality, on the number and categories of migrant workers employed in Serbia and their main occupations, and the number of nationals employed abroad.