Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s succinct first report concerning the application of the Convention in the Republic of Serbia. It notes that the report does not contain information on the application of the Convention in the Republic of Montenegro. It therefore requests the Government to also provide full information on the application of the Convention in the Republic of Montenegro for examination by the Committee at its next session.

Article 1, paragraph 1, of the Convention. The Committee notes that, under section 112(1) and (2) of the new Labour Law of the Republic of Serbia of 15 March 2005, as amended, the minimum wage rate is established by decision of the Social-Economic Council, unless the Council fails to reach a decision ten days after the outset of the negotiating process, in which case the amount of the minimum wage is determined by government decision. It also notes section 112(4) of the Labour Law which refers implicitly to the periodic adjustment of the minimum wage by providing that the minimum wage is fixed for a period of no less than six months and cannot be lower than the minimum wage set for the immediately preceding period. The Committee would be grateful if the Government would transmit a copy of the legal instrument establishing the minimum wage rate currently in force and also specify whether the minimum wage is of general application or minimum wage levels are differentiated by occupational category, geographical region or age.

Article 2, paragraph 1. The Committee notes that the new Labour Law of the Republic of Serbia makes no explicit reference to the principle of the binding force of minimum wages or to the prohibition of abatement of minimum wages once fixed. It therefore requests the Government to indicate the legal provisions guaranteeing that minimum wages have the force of law and may not be subject to abatement.

Article 4, paragraphs 2 and 3. The Committee notes that, according to the draft law on the Social-Economic Council, the Council is a tripartite organ for the promotion of social dialogue, and is composed of 18 members (six representatives of the Government, six representatives of the trade unions and six employers’ representatives). Among its functions, the Council is mandated to study draft laws and regulations and also to examine a broad range of issues, including wage policy issues. The Committee requests the Government to provide additional information, including copies of any relevant legal text or other official document, on the effective establishment of the Council and its initial work, if any, in matters of minimum wage fixing.

Article 5 and Part V of the report form. The Committee notes that, under section 268 of the Labour Law of the Republic of Serbia, the labour inspectorate is responsible for the supervision of the implementation of labour laws and regulations in general. The Committee requests the Government to provide in its next report more detailed information on the enforcement of the national legislation in respect of minimum wages, including for instance available statistics on the number of inspection visits, infringements reported and sanctions imposed.

As regards arrangements for giving publicity to minimum wage provisions, the Committee notes section 113 of the Labour Law which requires the publication of the decision of the Social-Economic Council fixing the minimum wage in the Official Gazette of the Republic of Serbia. However, recalling that the publication of minimum wage provisions in the Official Gazette may not by itself be sufficient to ensure that the employers and workers concerned are made aware of the wage conditions applicable to them, the Committee requests the Government to indicate whether any other measures, such as the posting of notices at the workplace, are required by law or used in practice in order to keep the workers informed of the minimum wage rates in force.

Finally, the Committee would appreciate receiving up-to-date information on the application of the Convention in practice, for instance, the approximate number and different categories of workers covered by relevant legislation, the evolution of the minimum wage in recent years as compared to the evolution of the average wage or other economic indicators, such as the inflation rate, copies of any recent studies or official reports addressing minimum wage issues, as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.