Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Serbia (Ratificación : 2000)

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the entering into force on 1 August 2009 of the Law on Foreigners 2008 which regulates the entry, movement and stay of foreigners in the territory, and the Law on Employment and Unemployment Insurance that regulates, inter alia, the employment of nationals abroad (sections 95 to 100). The Committee further notes from the Government’s report that the draft Law on Employment of Foreign Citizens, which will replace the Law on Conditions for Employment of Foreign Citizens, as last amended by 2005, was submitted to Parliament in 2012 and has not been adopted yet. The Committee notes the Migration Management Strategy adopted in July 2009 which defines the elements of the migration policy and establishes the institutional framework for its implementation. The Strategy aims at establishing and implementing mechanisms for a comprehensive and consistent monitoring of migration flows; harmonizing migration management with EU standards; and protecting the rights of migrants and creating the conditions for their social inclusion. The Committee requests the Government to continue to provide information on any legislative developments regarding labour emigration and immigration, including on the adoption and the content of the Law on Employment of Foreign Citizens. The Committee also asks the Government to provide information on the measures taken to implement the Migration Management Strategy of 2009, including with respect to the protection of migrant workers’ rights and, in particular, women migrant workers.

Migration flows and bilateral or special agreements. The Committee notes from the Government’s report that the number of work permits issued to foreigners who have temporary residence from 2009 to 2011 was stable, ranging from 2,490 to 2,573, and the permits were mainly issued to nationals from China (catering and trade), the Russian Federation (oil industry and banking), Bosnia and Herzegovina and the former Yugoslav Republic of Macedonia (construction, mining and agriculture), Croatia (offices and stores), Greece (banking and trade), Romania (agriculture), and Germany (industry and banking). With respect to emigration, the Committee understands from the data provided by the Government that in 2011, 511 “agency workers” were employed abroad mainly in the United States. The Committee also notes that, in accordance with section 100 of the Law on Employment and Unemployment Insurance, the National Employment Service (NES) and the employment agencies shall submit to the Ministry notifications on individuals to be employed abroad, including their number, prior to their departure. The Committee requests the Government to continue to supply statistical information, disaggregated by sex, sector of employment and type of residence permit (temporary or permanent), on the number of workers from Serbia employed abroad as well as on the number of foreign workers employed in Serbia.

Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes the Government’s indication that seven Migrant Service Centres have been established in various regions within the framework of the NES and they are responsible for providing information, advice and guidance to migrants, potential migrants and returnees under the readmission agreement, and thus reduce the risk of irregular migration. The Committee further notes that the NES and the 56 employment agencies currently conducting activities in Serbia provide information on employment opportunities and working and living conditions abroad as well as rights and obligations at work and rights upon return to work in the country. Noting the Government’s indication that the activities of the NES and the employment agencies are supervised by the Ministry of Economy and Regional Development, the Committee requests the Government to provide information on the measures taken to monitor the information services provided by these bodies as well as the measures taken, including penalties, against misleading propaganda relating to emigration and immigration. Please also provide information on any measures taken or envisaged to combat trafficking in persons, including in cooperation with the governments of other member States. Please indicate whether there exist specific information services targeting women migrant workers and their families.

Article 6. Equality of treatment. The Committee notes that the Government refers to the Law on Employment and Unemployment Insurance that provides for equal treatment of persons employed abroad (section 97). It also refers to the Labour Law that applies to foreign workers “unless otherwise specified” (section 2(3)) and prohibits direct or indirect discrimination on the basis of sex, origin, language, race, colour, age, pregnancy, health, disability, national origin, religion, marital status, family responsibilities, sexual orientation, political or other opinions, social origin, property, membership of a political organization or a trade union, or any other personal characteristics (section 18). 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(1)(a)–(d). Furthermore, noting that the list of prohibited grounds of discrimination includes “national origin” and refers to “any other personal characteristic”, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country, including those employed with a “work permit for employment” or “work permit for special cases of employment”, than that which applies to nationals with respect to terms and conditions of work, including remuneration, membership of trade unions, accommodation, as well as concerning social security, taxes and access to legal proceedings, in accordance with Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them, including on the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see General Survey on migrant workers, 1999, paragraph 608). The Committee notes that the Government’s report contains no information in reply to its previous comments in this respect and therefore it remains unclear whether the provisions of Article 8 of the Convention are applied. The Committee asks the Government to 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 to specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.

Parts III to V of the report form. Practical application and enforcement. The Committee refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).