Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Serbia (Ratification: 2000)

Other comments on C111

Observation

Direct Request

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The Committee notes the Government’s reports received in 2017 and 2022. The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS), received with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 21(2) of the Labour Code of 2005 concerning sexual harassment did not cover quid pro quo sexual harassment. The Committee welcomes the adoption of the Law on Gender Equality 2021, which replaces the Law on the Equality of Sexes 2009. The Committee notes that the Law on Gender Equality 2021 defines and prohibits sexual harassment; however, it remains unclear if the definition prohibits both quid pro quo and hostile work environment sexual harassment. The Committee notes, from the 2020 Labour Inspection Report, provided by the Government, that no cases of sexual harassment at work were reported to the labour inspectorate that year. The Committee further notes, from the concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the lack of measures to address sexual harassment in the workplace, specifically with regard to young women and lesbian, bisexual and transgender women and intersex persons, and the disproportionately low number of convictions for sexual harassment, which adversely affects women’s possibilities for employment and promotion (CEDAW/C/SRB/CO/4, 14 March 2019, para. 35). The Committee requests the Government to clarify: (i) which provisions of the Law on Gender Equality 2021 define and prohibit sexual harassment at work; and (ii) the definition given to sexual harassment at work, and if both quid pro quo and hostile work environment sexual harassment are covered by the new legislation.

With a view to strengthening the protection against sexual harassment at work and harmonizing the legislation, the Committee once again requests the Government to consider amending section 21 of the Labour Code to also include protection against quid pro quo sexual harassment, and to provide information on any progress made in this respect. Finally, the Committee requests the Government to: (i) step up its efforts in ensuring the effective application of the provisions on sexual harassment, including through measures to address and prevent it in practice, such as awareness-raising and training activities; and (ii) provide information on any cases of sexual harassment at work addressed by the competent authorities.

Article 2. Equality of opportunity and treatment for men and women. The Committee welcomes the adoption, in 2021, of the Act to supplement the Prohibition of Discrimination. The Committee notes, from the statistical information provided by the Government that the rate of economic activity of women of working age (15–64 years old) has increased from 55.7 per cent in 2015 to 60.8 per cent in 2020, while the unemployment rate of women has decreased from 19.2 per cent in 2015 to 9.9 per cent in 2020. Despite the progress made, the Committee notes that, in comparison, in 2020, the rate of economic activity of men of working age was 74.6 per cent and the unemployment rate of men, 9.2 per cent. The Committee notes, from the 2021 annual report of the Commissioner for the Protection of Equality, the adoption of the new Gender Equality Strategy 2021–2030 and the Strategy for Preventing and Combating Gender-based Violence against Women and Domestic Violence 2021–2025. It notes, that among the 595 complaints received by the Commissioner for the Protection of Equality in 2021, 99 of them concerned cases of discrimination based on sex, most of them in relation to employment and occupation. The report establishes that one of the key causes of gender discrimination is the firmly rooted, traditional, patriarchal stereotypes about gender roles in the family and the wider community. In this regard, the Committee notes the report of the UN Entity for Gender Equality and the Empowerment of Women (UN Women) entitled “Economic Value of the Unpaid Care Work in the Republic of Serbia”, which highlights that unpaid care work is the reason for inactivity among women in greater percentages than among men: in 2018, the inactivity rate for women amounted to 39.4 per cent, versus 24.9 per cent for men. Care for own children or others in need is the reason for inactivity for 7 per cent of women and 0 per cent of men, and family or personal reasons are the cause of inactivity for 9 per cent of women and 5 per cent of men. In this regard, the Committee refers to paragraph 783 of its 2012 General Survey on the fundamental Conventions. The Committee further notes, from the concluding observations of the CEDAW, that the Coordination Body for Gender Equality lacks adequate budget, staff, political independence and sustainability. The CEDAW also highlights that women are severely under-represented in local administration, the foreign service, the armed forces and in decision-making positions across all sectors (CEDAW/C/SRB/CO/4, paragraphs 15 and 27). The Committee welcomes the adoption of the Gender Equality Strategy 2021–2030 and requests the Government to provide information on measures taken by the Coordination Body on Gender Equality or by any other authority, to implement the Gender Equality Strategy 2021–2030, including measures to: (i) increase the access of women to formal employment; (ii) address occupational segregation between women and men including in recruitment and promotion; (iii) address the stereotypes and assumptions regarding women’s aspirations and capabilities as well as regarding their suitability for certain jobs; (iv) promote the equal sharing of family responsibilities between women and men; and (v) increase compliance with legal provisions regarding maternity protection. The Committee welcomes the statistical information provided by the Government and requests it to continue to provide such information, disaggregated by sex, indicating the results of the measures taken above.

Articles 1 and 3(d). Equality of opportunity and treatment for men and women. Retirement age of women in the public sector. The Committee refers to its previous comment and asks the Government to take the necessary measures, in cooperation with the social partners, to ensure that there is no direct or indirect discrimination based on sex with respect to the age of retirement in the public sector, and that the working life of women is not shortened in a discriminatory manner.

The Committee is raising other matters in a request addressed directly to the Government.