Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Serbia (Ratification: 2000)

Other comments on C081

Observation

Direct Request

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The Committee notes the Government’s report received on 18 September 2013, and the observations made by the Confederation of the Autonomous Trade Unions of Serbia (CATUS), dated 28 August 2013, as well as the observations made by the Union of Employers of Serbia, dated 26 August 2013, annexed to the Government’s report. It further notes the observations made by the Trade Union Confederation “Nezavisnost” received by the Office on 29 October 2013 and forwarded to the Government on 11 November 2013. The Committee also notes that the Government has not yet provided any comments in relation to the observations made by the Nezavisnost, dated 31 August 2011.

Article 3(1)(a) and (b) and (2) of the Convention. Action against undeclared employment, and monitoring of legislation relating to conditions of work and the protection of workers. In its previous comments, the Committee noted that the labour inspectorate’s priority for a number of years has been to combat undeclared work and emphasized that the exercise of such a function by the labour inspectorate should have as its corollary the reinstatement of the statutory rights of all the workers in order to be compatible with the objective of labour inspection. Recalling the Government’s statement in its previous report that the fight against illegal employment aims among other things at the “formalization” of employment relations so as to prevent a deterioration of conditions of work, the Committee notes that the Government reiterates in its report that the activity of the labour inspectorate has led to an increase of the number of signed employment contracts and workers reported for compulsory social security coverage. In this regard, the Committee notes the Government’s indications that between July 2011 and July 2013, labour inspectors conducted 43,528 inspection visits regarding employment issues concerning 459,352 workers, of which 4,389 were found to be engaged in informal or “shadow” employment, and it notes with interest that, as a result of the orders issued by labour inspectors, employers entered into formal employment contracts with 3,951 of these workers. The Committee asks the Government to continue to provide statistical data illustrating the improvements made in the enforcement of the legal provisions relating to conditions of work and the protection of workers through the activities of the labour inspectorate in the framework of the action against undeclared employment. Please provide data that is as detailed as possible (number of cases in which formal employment contracts have been concluded, registration of workers with the social security authorities, number of cases in which workers have been paid outstanding salaries resulting from their past employment relationship, etc.).

Articles 3(1)(a) and (b), 5(a), 20 and 21. Efficiency of the work of the labour inspection services and communication and content of the annual report. The Committee notes the observations made by the Nezavisnost in its communication dated 31 August 2011, in which the trade union expresses concern with regard to the absence of labour inspections in the area of general employment conditions, in comparison with the number of inspections in the field of occupational safety and health. In this regard, the trade union refers to problems in various sectors (catering, construction, industry, tourism, banking, etc.) where a large number of employees work without formal employment contracts. According to the trade union, labour inspections in the area of employment conditions are necessary to address the great number of collective lay-offs, wage arrears, abuse of fixed-term employment contracts, and the avoidance of overtime pay in recent years.

The Committee notes that the annual labour inspection reports for 2011 and 2012 have not been received by the Office, but that the Government has provided statistical information in a number of tables annexed to its report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129). While it notes that the annual reports on the labour inspection activities for 2008, 2009 and 2010 (received by the ILO in 2011) contain useful information, the Committee observes that they still do not include information on the total number of industrial and commercial establishments under the supervision of the labour inspectorate and the number of workers employed therein, as previously requested. However, it notes that these tables contain information on the total number of workers (including information on the number of workers in the informal economy). The Committee also notes that the Nezavisnost deplores the fact that the annual labour inspection reports do not contain full information on all the subjects listed in Article 21 of the Convention. While noting the observations made by the CATUS and the Nezavisnost in a communication dated 31 August 2011, in which the trade unions emphasized the need for annual labour inspection reports to be communicated to the social partners with the aim to enable cooperation for the improvement of the effectiveness of labour inspection, the Committee notes the Government’s indications that annual labour inspection reports are regularly communicated to the representative organizations of employers and trade unions, including the CATUS and the Nezavisnost.

Drawing the Government’s attention once again to its 2009 general observation on the importance of statistics on workplaces liable to inspection and the number of workers covered as a basis for assessing the effectiveness of the labour inspection system and its needs, the Committee hopes that, as previously indicated by the Government, in future annual reports, the labour inspectorate will provide statistical data on the number of registered companies engaged in industrial and commercial activities, and on the number of workers employed therein. The Committee once again requests the Government to ensure that the annual report on the labour inspection activities is forwarded to the ILO on an ongoing basis in accordance with Article 20 and that it contains information on the items listed in Article 21. In particular, the Committee would be grateful if the Government would also indicate in its next report, in addition to the information usually provided in the annual report, the total number of industrial and commercial establishments under the supervision of the labour inspectorate and the number of workers employed therein (clause (c)), and statistics on cases of occupational diseases (clause (g)).

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