Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the observations of the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002 and 19 July 2004 with regard to certain issues dealt with in the Committee’s previous direct request, as well as the Government’s observations on certain of these comments.

The Committee notes that the ICFTU states with regard to the Republic of Serbia that: (1) trade union registration is subject to a very complicated procedure and approval by the Ministry; before applying for registration the union leader must have a certificate from the employer, or an "authorized person", stating that the leader is in full-time employment at the enterprise; (2) the Ministry can dissolve a trade union if false data are supplied during the registration procedure; (3) disputes are subject to compulsory arbitration; (4) participation in a strike can lead to suspension of social security rights, which should be independent of the exercise of the right to strike; and (5) the Nezavisnost national trade union centre reported that two-thirds of applications for the registration of local branches have been delayed by the authorities for longer than the time limit set by law. Concerning Montenegro, the ICFTU states that trade union registration is subject to approval by the Ministry.

The Committee notes that, according to the Government, there is no need to submit an employment certificate prior to a trade union’s registration as of 15 June 2004. The Rules on the Change of the Rules on the Inscription of Trade Union Organizations into the Register (No. 64/2004) abolished the requirement of a certificate of employment in order to apply for trade union registration. The Committee takes note of this information and requests the Government to transmit the Rules on the registration of trade unions as well as any amending texts.

The Committee also notes that the Government rejects the claim concerning the Nezavisnost national trade union centre and points out that trade unions are being registered in the Ministry in accordance with deadlines set by the law. Some registrations may have possibly been delayed by incomplete and/or inappropriate documentation of which the applicants have been advised in a timely fashion. The Committee trusts that the Government will take all necessary measures to ensure that the registration of the branches of the Nezavisnost national trade union centre will be concluded as soon as possible and requests the Government to keep it informed of progress made in this respect.

The Committee notes that the Government provides no reply to the ICFTU comments concerning trade union dissolution and the right to strike which had already been raised by the Committee in a previous direct request. The Committee once again requests the Government to specify the manner in which trade unions are guaranteed the right to strike in the Republic of Serbia and to amend section 136 of the Labour Law so as to allow the parties to freely decide whether to submit a dispute to binding arbitration. It also requests the Government to indicate the manner in which genuine participation of trade unions in the definition of minimum service is ensured and to amend its legislation so that this matter may be determined by an independent body in case of disagreement. Furthermore, the Committee once again requests the Government to amend section 14(2) of the Law on Strikes so that participation in a strike will not lead to a suspension of the rights of employees as concerns social security benefits.

Finally, the Committee requests the Government to provide its response to the other pending questions addressed in its previous direct request which related to:

-  the adoption of legislation on the right of employers to establish and join organizations of their own choosing;

-  the application of national law on trade unions to foreign workers;

-  information on the laws and regulations concerning the registration of employers’ and workers’ organizations at the level of the federal Republic and the level of the Republic of Serbia;

-  information on the exercise of the right to draw up constitutions and rules and to be elected to office without interference;

-  the safeguards which accompany the dissolution of trade unions by administrative order;

-  the right to establish federations and confederations and to affiliate with international organizations of employers and workers.

The Committee trusts that the Government will transmit full and detailed information on all the above points in its next report (which is due in 2006).