CMNT_TITLE

Repetition

Legislative developments. The Committee notes that the new section 6(4) of the Employment Act (UR.I.RS, Nos 42/02 and 103/07) provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination; and that the new section 115 of the Employment Act extends the period of prohibition against termination during the period of pregnancy, breastfeeding or when on parental leave, and for one month after taking such leave. The Committee asks the Government to provide information on the practical application of sections 6(4) and 115 of the Employment Act, including information on any relevant administrative or judicial decisions.

Article 1 of the Convention. Other members of the immediate family. The Committee notes the Government’s indication that it does not intend to extend the right to cash benefits under the Health Care and Insurance Act beyond employees caring for a sick child or spouse. The Committee asks the Government to provide information on measures taken or envisaged to implement the Convention with respect to other members of the immediate family who clearly need care and support, including persons living with disabilities, or the elderly, as envisaged under Article 1(2) of the Convention.

Article 3. National policy. The Committee notes the Government’s indication concerning cooperation between the Advocate of the Principle of Equality and the labour inspectors with respect to cases of discrimination, under the Implementation of the Principle of Equal Treatment Act (ZUNEO-UPB1; Official Gazette of RS No. 93/07 Official Consolidated Text 1). It also notes that labour inspectors found three cases in 2006, 25 cases in 2007, 13 cases in 2008, and ten cases in 2009, of violations of section 26 of the Employment Act. The Committee further notes the Government’s indication that the labour inspectors encountered cases of consecutive fixed-term employment contracts, usually concluded for a very short term (a few months) with younger female workers who are likely to become pregnant, and that the Government intensified the supervision of the implementation of provisions concerning fixed-term employment contracts in 2006. With regard to the training for the labour inspectors, the Committee notes that the labour inspectors received advanced training regarding the issue of discrimination in December 2003. The Committee asks the Government to continue to provide information on the findings with respect to discrimination for the reason of family responsibilities by the labour inspectorate and the Advocate of the Principle of Equality, as well as the outcome of the cases, including remedies provided. It also asks the Government to provide statistical information, disaggregated by sex and age range, on the number of fixed-term employees, and to indicate how the issue of the concentration in fixed-term work of young females is addressed in the context of reconciling work and family responsibilities. Please also indicate the measures taken to provide ongoing training to labour inspectors to identify and resolve cases of non compliance.

Article 4. Leave entitlements. Recalling the adoption of the Parental Care and Family Benefits Act (No. 110/2003), as amended by Act No. 47/2006, the Committee asks the Government to provide information on the practical application of the Parental Care and Family Benefits Act, as well as information on measures taken to encourage a better sharing of family responsibilities between men and women, and to provide statistical information on leave take-up rates, disaggregated by sex.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s information on the number and percentage of children covered in kindergartens in the years from 2006–07 to 2010–11, and that the coverage is 75.3 per cent in the academic year 2010–11. The Committee asks the Government to continue to provide information on the availability of childcare facilities, and any measures to improve the availability and accessibility of childcare services for workers with family responsibilities. Please also provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes the Government’s indication that, from 2006, the Equal Opportunities Office, in cooperation with local communities, organized the “Daddy, get active!” campaign, which is aimed at encouraging fathers to spend active time with their children and to promote the distribution of obligations between both parents. It also notes that the Government has promoted the campaign on section 26(2) of the Employment Act. The Committee asks the Government to continue to provide information on the measures taken or envisaged to raise awareness among workers and employers of the relevant laws and policies, and on the importance of adopting and implementing workplace policies to facilitate reconciliation of work and family responsibilities. Recalling that Article 11 of the Convention provides for the right of workers’ and employers’ organizations to participate in the design and implementation of measures giving effect to the Convention, the Committee requests the Government to provide information on how the social partners are being involved in these efforts.

Article 7. Integration in the labour market. The Committee recalls the Government’s special programmes to promote women’s employment in the framework of the active employment policy. It notes the Government’s statistical information that the rate of women participating in active employment policies was 50.7 per cent in 2010, and the percentage of women among the unemployed was 47.7 per cent in the same year. The Committee asks the Government to provide information on the number of male and female workers returning to work following periods of childcare, and other measures taken to enable workers with family responsibilities, to re-enter the labour market after a period of leave, as well as the results achieved.

Article 8. Protection against dismissal. The Committee notes the statistical information provided by the Government, according to which there were 15 cases in 2006, 16 cases in 2007, 26 cases in 2008, 36 cases in 2009, and 38 cases in 2010, where the labour inspectorate gave consent to the termination of employment contracts of pregnant workers and parents pursuant to section 115(3) of the Employment Act; and there were four cases in 2007, four cases in 2008, seven cases in 2009, and two cases in 2010 detected as violating section 115 of the Employment Act, which prohibits termination of the employment contract during the period of pregnancy, breastfeeding or parental leave. It also notes the details of the court cases with regard to termination of employment concerning workers with family responsibilities. The Committee asks the Government to continue to provide information on the practical application of sections 89, 111 and 115 of the Employment Act, including detailed information on any relevant court cases.