Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 140) sur le congé-éducation payé, 1974 - Serbie (Ratification: 2000)

Autre commentaire sur C140

Demande directe

2019
2013
2009
2005

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The Committee notes the Government’s report, as well as the observations made by the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Labour Union Confederation “Nezavisnost”, received on 7 November 2018. The Committee requests the Government to provide its comments in this respect.

Articles 2–5 and 10 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee takes note of the Law on Dual Education provided by the Government, which, however, falls outside the scope of the Convention. It notes that the Government refers once again to article 49 of the Labour Law, which provides that the employer is required to grant paid educational leave and that expenses of education, vocational training and specialization are to be paid from the employer’s funds and other sources. The Government also reiterates that the Labour Law provides guidance to employers with regard to regulating paid educational leave through general enactments (collective agreements or personnel rules) or through employment contracts. The Committee notes the observations made by CATUS, according to which paid educational leave for the purpose of trade union education activities is not addressed in the Government’s report or in the national law and practice. In this respect, the Committee recalls the observations made by “Nezavisnost” in a comment received in October 2013, in which it stressed that, while Article 2 of the Convention calls for the granting of paid education leave for: (a) training at any level; (b) general, social and civil education; and (c) trade union education, certain employers (especially in the private sector) do not allow union members to take paid educational leave when taking part in educational programmes offered by unions. CATUS maintains that certain branch-level or company-level collective agreements contain provisions providing for the right of trade union activists to paid educational leave, but that for most collective agreements, this right is stipulated only for the performance of trade union activities. CATUS indicates that paid leave for trade union education should be specified and detailed separately, especially since article 39 of the Law on National Qualifications Framework of the Republic of Serbia recognizes trade unions as educational organizations among publicly recognized providers in the area of adult education. CATUS points out that this official recognition is significant, as it establishes that trade union education is not a privilege, but a right of the worker, and is important for small and medium-sized companies, as well as for strengthening social dialogue, the quality of negotiations and enabling an atmosphere of tolerance and agreement. CATUS adds that, while collective agreements have been concluded in the public sector that cover paid leave, including educational paid leave, collective agreements with similar clauses do not exist outside the public sector, resulting in discrimination against workers outside the public sector. The Committee requests the Government to provide updated information on the measures taken or envisaged to implement its policy on granting paid educational leave to workers for the specific purposes contemplated in Article 2(a)–(c) of the Convention, particularly for the purpose of trade union education (Article 2(b)). It requests the Government to provide updated information on the manner in which the policy contributes to the attainment of the objectives set out in Article 3 of the Convention. The Government is also requested to supply information on the coordination of the national policy on paid educational leave with general policies concerning employment, education and training, and hours of work (Article 4).

Article 6. Association of governmental institutions, other bodies and the social partners. The Committee requests the Government to provide information concerning any measures taken or envisaged with the aim of associating the public authorities, employers’ and workers’ organizations and institutions or bodies providing education or training with the formulation and application of the policy for the promotion of paid educational leave.

Article 9. Particular categories of workers. The Committee requests the Government to indicate whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.

Article 11. Assimilation to a period of effective service. The Committee requests the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application in practice. In its report, the Government includes an extract of the Collective Agreement in the National Employment Service (NES), which entered into force on 18 February 2017, and stipulates the right of NES employees to paid educational leave when taking certain exams. In this regard, the Collective Agreement clarifies the length of the leave, the amount payable, and the conditions of eligibility to be fulfilled by the employees who request paid educational leave. The Committee notes that, for the period from January to June 2018, 39 NES employees requested paid leave for educational purposes. “Nezavisnost” reiterates its previous observation that Serbian employers are free to choose whether or not to record statistics on the number of employees granted paid educational leave and that such statistics are not available at the higher level (that is, at the local or national level). The Committee requests the Government to continue to provide extracts of relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, as well as available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).