Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Migration for Employment Convention (Revised), 1949 (No. 97) - Serbia (Ratification: 2000)

Other comments on C097

Direct Request

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that, in its report, the Government refers to the adoption of a series of relevant legislation, namely: the Law on Foreigners (No. 24/18), the Law on Border Control (No. 24/18) and the Law on Asylum and Temporary Protection (No. 24/18). The Government also indicates that the topic of migration is also regulated by the Law on the Employment of Foreigners (No. 128/14, as amended) and the Law on Migration Management (No. 107/12). The Government adds that, in addition to the Migration Management Strategy of 2009, the Government has adopted the Strategy for Combatting Irregular Migration (2018-2020) and the Strategy on Economic Migration (2021-2027). An Action Plan is currently under development to implement the Strategy on Economic Migration. In its report under the Migrant Workers Convention (supplementary provisions), 1975 (No. 143), the Government further indicates that the institutional coordination for the implementation of the Strategy for Combatting Irregular Migration is ensured by the Working Group for Solving the Problem of Mixed Migration Flows, headed by the Interior Minister. Several technical coordination groups have also been established on specific matters, such as the Coordination Group for the Protection of the Health of Migrants, the Coordination Group for the Protection of Children and the Coordination Group for the Protection of the Mental Health of Migrants. One of the goals of the strategy is to provide support to migrants, especially when pertaining to vulnerable groups. The Commissariat for Refugees and Migration is responsible for conducting the activities towards the achievement of this goal. Furthermore, the Center for the Protection of Victims of Trafficking in Human Beings provides protection to potential victims of human trafficking. Its responsibilities include the identification of victims, coordination with other entities such as the labour inspectorate, the police, and NGOs, and direct support to the victims (including accommodation, health care, information, material support, and representation in court proceedings). The Committee takes note of this information and refers to its comments under Articles 10 and 12 of theMigrant Workers Convention (supplementary provisions), 1975 (No. 143) on the need to formulate and implement a national policy specifically designed to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and or individual and collective freedoms for migrant workers and members of their family legally residing in the country.

Migration flows and bilateral or special agreements. The Committee takes note of the statistical information provided by the Government and disaggregated by sex on the number of foreign workers employed in Serbia, showing that : (1) in 2020, the National Employment Service (NES) issued a total of 12,931 work permits to foreign nationals; and (2) the main countries of origin of foreign workers were China (3,515 men and 595 women), the Russian federation (1,976 men and 459 women), and Turkey (1,489 men and 71 women). The Committee also takes note of the Government’s indications that in 2020, 1,196 citizens of the Republic of Serbia were employed abroad; and that the main countries of destination were the United States of America, the Russian Federation, Germany, Hungary, Czech Republic, Slovenia, Croatia, and Slovakia. The Committee requests the Government to continue to collect statistical information and to report on the situation of migrant workers in Serbia and of nationals emigrating abroad.

Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes that, once again, the Government states that the Ministry of Labour, Employment, Veterans and Social Affairs supervises the work of the NES and private employment agencies (PEAs) but does not provide specifics on the measures aimed at supervising the information provided to migrant workers (immigrating or emigrating) by the NES and PEAs nor on the sanctions imposed against misleading propaganda. It notes the Government indication that the Centre for the Protection of Victims of Trafficking in Human Beings informs migrant workers about their employment rights in Serbia and the risks of exploitation abroad and that only a few cases of labour exploitation are reported to the Center for the Protection of Victims of Trafficking in Human Beings. The Committee also refers in this regard to its comment under the Forced Labour Convention, 1930 (No. 29) regarding the need to further strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. The Committee reiterates its requests that the Government provide information: (i) on the measures adopted to monitor effectively the information services provided by the NES and the employment agencies to fight against misleading propaganda relating to emigration and immigration; and (ii) on any awareness raising activities undertaken by the Center for the Protection of Victims of Trafficking in Human Beings to ensure that victims actually report potential situations of abuses and exploitation in practices.

Article 6. Equality of treatment. The Committee notes the Government statement that the Law on the Employment of Foreigners (Nos 128/14 as amended) covers all foreign workers residing legally in the country and provides that if the conditions established by law are met, foreign citizen shall have equal rights and obligations as nationals in terms of labour, employment, self-employment, and unemployment (section 4). It notes however that, according to the Government, no cases of unequal treatment of employed foreign citizens with respect to the matters enumerated in Article 6(1)(a)-(d) were reported to nor discovered by the Labour Inspectorate. As the report is silent of this point, the Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6. The Committee also requests the Government: (i) to communicate on the activities of the labour inspectorate regarding the application of the principle of Article 6 in practice, such as information on the number of cases brought to the attention of or detected by the labour inspectorate on instances of unequal of treatment of migrant workers, in particular alleged violation of section 4 of the Law on the Employment of Foreigners (Nos 128/14 as amended); and (ii) to provide information on any relevant cases brought to court and on their outcome (such as information on the number of cases pending, the final findings and the penalties imposed).

Article 8. Maintenance of residence in the event of incapacity for work. As the report of the Government is once again silent of this point, the Committee reiterates its request that the Government indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.