Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s report as well as the written and oral information provided by the Government representative during the discussion that took place at the Conference Committee in June 2004. The Committee also takes note of the comments of the International Confederation of Free Trade Unions (ICFTU), as well as the Government’s observations thereon.

Article 2 of the Convention. Right of employers to establish organizations of their own choosing. In its previous comments the Committee had noted that the Yugoslav Chamber of Commerce and Industry, which benefited from compulsory membership and financing by employers and enjoyed the power to sign collective agreements, had been dissolved by the law on the termination of the law of the Yugoslav Chamber of Commerce and Industry; however, the repealing law provided that its rights, obligations, financial resources and activities would be taken over by the Chamber of Commerce and Industry of Serbia and the Chamber of Commerce and Industry of Montenegro. The Committee therefore requested the Government to ensure that membership in and financing of the Chambers of Commerce and Industry of Serbia and Montenegro are not compulsory.

The Committee takes note of the written and oral information provided by the Government, according to which: (1) under the Law on Chambers of Commerce and Industry (No. 65/2001), the Chambers of Commerce and Industry of Serbia and Montenegro have no right to participate in collective agreements nor is this right taken over from the Yugoslav Chamber of Commerce and Industry under the Law on the Termination of the Law on the Yugoslav Chamber of Commerce and Industry; (2) the Labour Law (Nos. 70/2001 and 73/2001) explicitly provides (sections 5 and 139) that voluntarily established representative employers’ associations, participate in the conclusion of collective agreements at all levels (republic, autonomous province, local self-government) and rules out the participation of Chambers in collective bargaining; and (3) no collective agreement has been concluded by the Chamber of Commerce and Industry of Serbia or by the Yugoslav Chamber of Commerce and Industry since the entry into force of the Labour Law on 21 December 2001. The Committee takes note of this information with interest.

With regard to Montenegro, the Committee notes that according to the written and oral information provided by the Government, the transfer of the competences of the Yugoslav Chamber of Commerce and Industry to the Chamber of Commerce and Industry of Montenegro made it possible for the latter to figure in labour laws as an employers’ representative and placed a legal obligation on companies to become members and finance this Chamber. The adoption of the Law Amending the Labour Law which is a basic Government priority for 2004 will regulate, inter alia, the question of representativeness of employers’ representatives in accordance with ILO standards and rules. The Government adds that it requested ILO technical assistance in this framework and a seminar was held in May 2004. A tripartite working group has been working very actively on drafting the law which is nearing completion and will be submitted to the Assembly at its next session. The Committee takes note of this information with interest and trusts that the Government will make every effort to bring its legislation into conformity with the Convention without any delay and ensure in particular that employers are able to choose freely the organizations they wish to represent their interests in the collective bargaining process. It requests the Government to keep it informed of steps taken in this respect and to communicate the text of the Law Amending the Labour Law once adopted.

The Committee also takes note of the observations made by the ICFTU on issues concerning trade union registration and dissolution and the right to strike. The Committee examines these issues in a request addressed directly to the Government.