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

Termination of Employment Convention, 1982 (No. 158) - Serbia (Ratification: 2000)

Other comments on C158

Direct Request

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The Committee notes the Government’s report received in September 2013 and the observations made by the Union of Employers of Serbia, the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Confederation “Nezavisnost”. In its report, the Government provides statistical information that shows that between June 2011 and June 2013 a total of 6,219 redundancies were handled under a “Redundancy Programme for Streamlining, Restructuring and Pre-Privatisation”. In reply to the Committee’s comments, the Government indicates that the Employment Department, which is tasked with handling employment-related activities, has no information about court rulings regarding the implementation of the Convention. In its observations, the CATUS highlights the long duration of proceedings in cases of labour disputes, which is the reason why it is advocating the adoption of new legislation to govern labour courts. The Committee notes that the Union of Employers of Serbia considers that the Labour Code should introduce flexible patterns of employment in addition to the fine tuning of the reasons for lawful termination of an employment contract. The Committee reiterates that it would welcome examining in the Government’s next report relevant court decisions on the reasons for termination of employment as they become available. The Government is also invited to supply statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination (Article 4 of the Convention), the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided), as well as the statistics on the number of terminations for economic or similar reasons (Part V of the report form).

Article 9(2) of the Convention. Burden of proof. The Committee reiterates its previous comments and invites the Government to provide further information on the practical application of sections 222–226 of the Code of Civil Procedure in appeals against unjustified termination of employment demonstrating that the worker does not have to bear alone the burden of proving that termination was not valid.

Article 11. Period of notice. In its report, the Government reiterates that the Labour Law establishes a notice period of between one and three months. Employees are entitled to severance pay and unemployment compensation from the National Employment Service (NES). The Committee understands that the notice period does not apply if the termination is due to non-performance or violation of discipline in the workplace. The Labour Law stipulates that in such cases, an employee is entitled to respond to the employer’s written warning within five days, after which the employer may terminate their employment. The Committee also notes that in the event of minor non-performance or violation of discipline in the workplace, the employer may only inform an employee that his or her employment will be terminated without further warning if the same or a similar violation is repeated. The Committee recalls that the only exception to the right to give notice (or compensation in lieu thereof) is in respect of an employee’s serious misconduct. The Committee therefore once again asks the Government to bring the Labour Law in line with the requirements of Article 11 of the Convention.

Article 12. Severance allowance and other income protection. In its previous comments, the Committee invited the Government to ensure that the Labour Law applies to all terminations at the initiative of the employer, except those due to the employee’s serious misconduct. The Committee notes that the Law on Employment and Unemployment Insurance (last amended in July 2009) stipulates that unemployed people are entitled to compensation if, inter alia, the contract is terminated due to technological, economic or organizational changes, if the need for carrying out a certain job ceases or the workload decreases. The Law also stipulates that unemployed people are entitled to compensation if the contract is terminated because the employee fails to perform at work or lacks the knowledge and competencies required to fulfil work tasks. The Committee notes that while able to exercise the right to compensation, the unemployed person is entitled to health, pension and disability insurance. The Committee also notes that the Government established a “Redundancy Programme for Streamlining, Restructuring and Pre-Privatisation” that regulates access to severance pay in excess of that set by the Labour Law. This Programme covers businesses in restructuring and undergoing preparations for being privatized, enterprises established to employ persons with disabilities, public enterprises that are being restructured or streamlined, public enterprises established in disadvantaged areas and local authorities that are being streamlined. The Committee notes that the Labour Law stipulates that unemployed people are entitled to compensation in specified cases and that the “Redundancy Programme for Streamlining, Restructuring and Pre-Privatisation” also provides income protection to those workers concerned. The Committee recalls that Article 12 of the Convention applies to all terminations at the initiative of the employer, except those due to the employee’s serious misconduct and would welcome examining further information on the measures taken to ensure full effect to Article 12 of the Convention.

Article 13. Consultations with workers’ representatives. The Committee notes that the National Employment Action Plan 2013 includes a “Redundancy Service Package” and that as part of this package, the NES registers workers recently made redundant, assesses their employability, sets their individual employment plans and determines which measures are the most suitable for activating them and increasing their employability. Another aspect of this package is including redundant employees into active employment policy programmes and measures, primarily training activities. The “Nezavisnost” points out that the National Employment Action Plan 2013 envisages mostly passive employment measures and that the National Employment Service lacks funds for re-training and additional training of employees to enable them to find jobs or become self employed, as well as funding for active employment policy measures. The Committee invites the Government to provide information in its next report on the outcomes of the measures implemented under the “Redundancy Service Package” and other means of consultations with workers’ representatives (Article 13(1)(b)).

[The Government is asked to reply in detail to the present comments in 2015.]