Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the communication submitted jointly by the World Confederation of Labour (WCL) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) dated 6 January 2004 providing information on the application by Serbia and Montenegro of Convention No. 111. The communication refers to section 13(1) of the 2001 Labour Code establishing a general health requirement as a condition for establishing an employment relationship; section 14(1) which requires every employee to inform the employer of his or her health condition and other circumstances that significantly influence his or her performance of duties prior to entering into an employment contract; and section 16(3) which requires the employee, when establishing an employment relation, to submit to the employer documents proving that she or he meets the conditions for work. WCL and CATUS allege that sections 13(1), 14(1) and 16(3) of the Labour Code are discriminatory with regard to access to employment, in disregard of Article 1(1)(b), Article 3(1)(b) and (c), as well as Article 3(2) of the Convention.

2. Noting that the Government’s first report has not been received, the Committee hopes that a report will be supplied for examination by the Committee at its next session. It also requests the Government to include any comments it wishes to make in reply to the observations made by WCL and CATUS in order to enable the Committee to consider the matters raised at its next session.