Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 121 (employment injury benefits) together.

The Committee takes note of the observations of the Trade Union Confederation “Nezavisnost”, received on 20 October 2023, the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 13 October 2023, and the Serbian Association of Employers, received on 13 October 2023. The Committee requests the Government to provide its comments in this respect.

Article 20 of Convention No. 102. Suitable employment. The Committee notes the observations of the CATUS provided under the Forced Labour Convention, 1930 (No. 29), indicating that unemployed persons lose their right to financial compensation under the compulsory social insurance system if they refuse a job considered suitable. The CATUS further indicates that, in practice, these jobs are usually opposite to the type of job and the level of professional and educational skills of the beneficiary. The Committee requests the Government to provide information on the criteria used in law and in practice to assess the suitability of job offers that affect the entitlement to social insurance unemployment benefits.

Article 22 in conjunction with Article 65(6) of Convention No. 102. Replacement rate of unemployment benefit. The Committee takes note of the information provided by the Government that the monthly unemployment benefits are calculated based on the daily monetary compensation defined using a personal coefficient and multiplied by the number of calendar days of the month to which the payment shall be made, and that unemployment benefits must be between 22,390 Serbian dinars and 51,905 dinars. The Government also indicates that the personal coefficient is calculated on the basis of the ratio between the beneficiary's previous income in the last 12 months before the contingency and the average annual wage established in the Republic of Serbia by the authority responsible for statistics. The Committee notes however that the Government does not indicate what would be the reference wage related to the most suitable standard beneficiary to be considered for the purposes of Article 65(6) of the Convention, in order to demonstrate whether the replacement rates currently practiced attain the levels prescribed by the table appended to Part XI of the Convention. The Committee also notes that according to sections 69 and 70 of the Law on Employment and Unemployment Insurance, the unemployment benefit shall be equal to 50 per cent of the average earnings of the beneficiary in the six months before the contingency. The Committee observes, in this respect, that according to the statistics provided by the Statistics Office of the Government of Serbia and the Mutual Information System on Social Protection of the Council of Europe (MISSCEO) database (Statistical Release | Statistical Office of the Republic of Serbia and MISSCEO (coe.int)) the minimum unemployment benefit amount paid in 2022 would represent nearly 22 per cent of the average net wage in Serbia of the previous year. The Committee takes note of the CATUS’ observations indicating that the average net unemployment benefit paid in December 2022 was 16,789.19 dinars, which corresponded to 48 per cent of the average minimum wage for 2022. The Committee further notes the “Nezavisnost”’s observation, indicating that the amount of the current level of unemployment benefits do not satisfy the basic needs of an unemployed person and that roughly 7 per cent of unemployed persons received the benefits in 2022. In this context, and given the formula of calculation of unemployment benefits, the Committee requests the Government to clearly indicate, with regard to the reference wage, which of the options in Article 65(6) is the most appropriate to reflect the manner in which unemployment benefits are calculated. It also requests the Government to indicate, by way of calculation, what is the amount paid to the respective standard beneficiary who has completed a qualifying period of 12 months, in relation to the option chosen. Lastly, the Committee requests the Government to provide statistical information on the number of workers who received unemployment benefits during the period under review and the minimum and maximum amount paid in this regard.

Article 71 of Convention No. 102. Financing of benefits. The Committee takes note of the recent modifications to the Law on Mandatory Contributions to Social Insurance, last amended by the Laws Nos 10/2022, 92/2023 and 6/2024. In this respect, the Committee notes that according to sections 9 and 44 (3) only employees are now liable to make contributions at a rate of 0.75 per cent to finance unemployment benefits. The Committee also notes that section 10 indicates that contributions from employers to the social insurance system are mandatory only in relation to pensions and disability benefits. The Committee takes notes of the CATUS’ observations indicating that until 31 December 2018, the unemployment insurance contribution was 1.5 per cent, being 0.75 per cent payable by the employees and 0.75 per cent by the employers. The Committee observes that this would imply that the total contributions to finance unemployment insurance have been halved. The Committee wishes to recall that Article 71(1) of the Convention establishes that the cost of the benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to beneficiaries. Furthermore, by virtue of Article 71(2) of the Convention, financial resources constituted by the insurance contributions of employees protected should not exceed 50 per cent of the total resources allocated to finance benefits to the protection of employees and their wives and children, under all the social security branches accepted. In light of this, the Committee requests the Government to: (i) indicate if other sources of financing for unemployment benefits, whether through taxation or social insurance contributions, have been implemented to compensate for the exclusion of employer contributions; (ii) provide actuarial studies, if any, on which the amendments to the legislation regarding the reduction or exclusion of employer contributions were based; and (iii) indicate the percentage of the financial resources borne by contributions of employees allocated to social security benefits provided under each branch of the Convention accepted by Serbia, as well as the overall share of employees’ contributions considering the entirety of all accepted branches.

Article 21 of Convention No. 121. Review of the rate of cash benefits. The Committee notes the information provided by the Government that, between 2016 and 2022, earnings grew 7.8 per cent on average. During the same period, the cost of living varied on average 3.6 per cent, and pensions were increased, on average, by 4.4 per cent. The Committee notes that, in 2022, pensions grew less than both indicators: 7 per cent against 13.77 per cent of earnings and 11.9 per cent of cost of living. While taking note of this information, the Committee encourages the Government to continue providing updated information on the review of cash benefits rate, especially considering the apparent growing trend in the gap between earnings and pensions.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 8(a) of the Convention. List of occupational diseases. The Committee takes note of the Government’s information indicating that the initiative launched by the Ministry of Labour, Employment, Veteran and Social Affairs to analyse the national list of occupational diseases is still ongoing. The Committee wishes to recall that, since 2006, it has been drawing the Government’s attention to the need to harmonize the national list of occupational diseases with Schedule I of the Convention. The Committee therefore urges the Government to take the necessary measures to undertake the relevant analysis of the national list of occupational diseases with a view to ensuring that the list is in conformity with Schedule I of the Convention.

Article 14 (read together with Article 19) of the Convention. Cash benefits for permanent partial incapacity. The Committee notes the information according to which the monetary compensation for a total disability would reach 64.4 per cent of the reference wage. According to the Government, the standard beneficiary salary to be considered should be 93,666.75 Serbian dinars, which corresponds to the option indicated by Article 19(d) of the Convention. The Committee also takes note that in cases of 90 per cent of physical disability, the compensation paid in January 2023 amounted to 20.1 per cent of a typical worker’s disability pension, while the compensation for a 30 per cent of physical disability amounted to 6.7 per cent of a typical worker’s disability pension. The Committee notes the table attached by the Government with different amounts of compensation in relation to different degrees of physical impairment, ranging from 30 to 100 per cent. The Committee observes that the percentages referred by the Government in this table do not represent a suitable proportion of the pension paid in case of total disability and do not attain the levels prescribed by Schedule II of the Convention. Regarding the provision of a periodical payment or a lump sum in case of permanent partial disability or physical impairment less than 30 per cent but in excess of a prescribed degree, the Government indicates that amendments to the rulebook related to physical impairment and disability insurance system are currently being considered.

The Committee wishes to highlight that, according to Article 14(3) and (5) of the Convention, the minimum prescribed degree of permanent partial loss of earning capacity or of faculty, that enables the right to receive periodical cash benefits, shall be prescribed as to avoid hardship. Moreover, the level of cash benefits shall represent a suitable proportion of the periodical payment established by Article 19 and Schedule II, in relation to the permanent total incapacity for a standard beneficiary. Lastly, the Committee previously observed that incapacity assessed below 25 per cent could be regarded as not substantial and therefore could be compensated by lump-sum payments.

In light of this, the Committee requests the Government to take the necessary measures to ensure that workers with loss of earning capacity or corresponding loss of faculty between 30 and 90 per cent, resulting from an employment injury, are entitled to periodical cash benefits calculated in accordance with Articles 14, 19 and Schedule II of the Convention. The Committee further requests the Government to provide information on the amendments to the rulebook related to disability/physical impairment in relation to the provision of compensatory payments for physical impairment or partial disability assessed at less than 30 per cent, with a view to extending protection to cases of partial but not substantial loss of capacity or faculty, and to ensure that workers suffering such incapacity avoid hardship, in accordance with Articles 14(4) and (5), and 19 of the Convention.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other issues in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 121 (employment injury benefits) together.

Part VIII (Maternity benefit). Article 65 of Convention No. 102 and Articles 7(1), 10(1), 11, 19–20 of Convention No. 121. The Committee takes due note of the information provided by the Government in reply to its previous requests concerning maternity benefits, level of survivors’ benefit, commuting accidents, the provision of eyeglasses, the provision of medical care and allied benefits free of charge, and replacement rate of disability benefit.

Article 22 in conjunction with Articles 65 or 66 of Convention No. 102. Replacement rate of unemployment benefit. The Committee once again requests the Government to calculate replacement rate of unemployment benefit in accordance with Titles I–III, V of the report form for the Convention.

Article 8(a) of Convention No. 121. List of occupational diseases. Further to its previous request to make a detailed comparison of the national list of occupational diseases with Schedule I to the Convention and indicate measures taken or under consideration to ensure that all diseases listed in Schedule I to the Convention be regarded as occupational diseases, the Committee notes the Government’s indication that the Ministry of Labour, Employment, Veteran and Social Affairs has launched an initiative with the competent institutions to analyse the national list of occupational diseases on this matter. The Committee requests the Government to provide information on the outcome of this initiative and hopes that the Government will take the necessary measures to ensure that the national list of occupational diseases is in line with the requirements of the Convention.

Article 14. Cash benefits for permanent partial incapacity. In its previous comments, the Committee requested the Government to show that monetary compensation for physical disability in case of partial incapacity represented a suitable proportion of the disability pension in case of total incapacity. It further requested the Government to state whether any compensatory payments were provided in case of physical disability less than 30 per cent. In its reply, the Government indicates that the amount of monetary compensation for physical disability of 90 per cent is equal to 6,039.24 Serbian dinars (RSD), whereas in case of physical disability of 30 per cent is equal to RSD2,013.08. The Committee further notes that disability pension in case of total incapacity amounts for RSD55,662.50, that is 64.4 per cent of the reference wage. In this regard, the Committee observes that monetary compensation for physical disability of 90 per cent represents 10.8 per cent of the reference wage and 3.6 per cent of the reference wage in case of physical disability of 30 per cent. Recalling that benefits provided in case of partial loss of earning capacity or corresponding loss of faculty shall represent a suitable proportion of benefits provided in case of total loss of earning capacity or corresponding loss of faculty, the Committee requests the Government to ensure the payment of monetary compensation for physical disability at the level required by the Convention. The Committee further notes the Government’s indication that the compulsory mandatory pension and disability insurance does not provide for any compensation in the event of physical disability caused by a work-related injury or occupational disease that is less than 30 per cent. The Committee recalls that in accordance with Article 14(4) of the Convention, persons who come to lose part of their earning capacity or faculty which is not considered substantial but is in excess of a prescribed degree following an employment injury shall receive a periodical payment or a lump sum. The Committee therefore requests the Government to consider ensuring the provision of a periodical payment or a lump sum in case of permanent partial disability less than 30 per cent but in excess of a prescribed degree and to keep it informed of measures taken or envisaged in this regard.

Article 21. Review of the rate of cash benefits. With respect to its previous request to supply statistical data on the adjustment of rates of cash benefits, the Committee takes note of the information provided by the Government on the indexation of pensions. The Committee requests the Government to supply statistical data on the changes in cost-of-living index and index of earnings as well as changes in pensions according to the report form for the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its previous direct request, the Committee notes that the information provided by the Government does not reply to most of the issues raised previously and expresses the hope that the Government’s next report will supply the necessary information with respect to the following issues.

Article 8(a) of the Convention. List of occupational diseases. The Committee notes that section 24 of the Law on Pension and Disability Insurance does not contain a general definition of occupational diseases but, on the contrary, refers only to specific occupational diseases, which shall be determined by the minister responsible for the pension and disability insurance, together with working posts in which the incidence of specific diseases is identified, and the terms and conditions under which they are considered occupational diseases. The Committee understands therefore that the Republic of Serbia avails itself of the option offered by Article 8(a) of the Convention, according to which a member shall prescribe a list of occupational diseases covering at least those enumerated in Schedule I of the Convention, as amended in 1980. It further notes in this respect that the list of occupational diseases given in the Government’s report, with reference to the rulebook on determining occupational diseases, apparently does not include a number of such diseases listed in Schedule I. In this situation, the Committee would like the Government to make a detailed comparison of the national list of occupational diseases with Schedule I of the Convention, as regards to both the names of the diseases and the determination of the duties and working posts on which the disease appears, and to indicate in its next report measures taken or under consideration to ensure that all diseases listed in Schedule I be regarded as occupational diseases.

Article 10(1). Medical care and allied benefits. The Committee would like the Government to specify in its next report the provisions of the Act or subsidiary regulations and rules of the Health Insurance Fund or the Fund for Pension and Disability Insurance of Employees, which ensure the provision of eyeglasses in the case of a morbid condition caused by employment injury.

Article 11. Free of charge medical care and allied benefits. Please indicate whether medical care and allied benefits in respect of a morbid condition are made available free of charge to persons who have sustained employment injuries and, if not, whether rules on the subject are designed so as to avoid hardship.

Article 14. Cash benefits for permanent partial incapacity. The Committee notes that, under Article 14(1) of the Convention, section 37 of the Law on Pension and Disability Insurance sets the minimum degree of incapacity giving the right to cash compensation for body damage at 30 per cent and that, in line with Article 14(2), section 21 of the Law provides for a disability pension for a total loss of working ability. It further notes that the Government’s report explains the rules for calculating the level of the disability pension for total incapacity but contains no information on the calculation of cash compensation for body damage leading to incapacity ranging from 30 to 100 per cent. The Committee would like the Government to show in its next report that, in accordance with Article 14(3), cash compensation for body damage in case of partial incapacity represents a suitable proportion of the disability pension in case of total incapacity. It would also like the Government to state whether any compensatory payments are provided for body damage of less than 30 per cent with a view to extending protection to cases of partial incapacity which are not substantial, and to ensure that people suffering such incapacity avoid hardship, in accordance with Article 14(4) and (5) of the Convention.

Article 19 or Article 20. Calculation of the level of cash benefits. With reference to its previous comments, the Committee notes that the report, while explaining the rules for the calculation of the level of the disability pension, does not contain the statistical data necessary to establish the replacement rate attained by the disability pension in relation to the reference wage of the skilled manual male employee or of the ordinary adult male labourer determined respectively under Article 19 or 20 of the Convention. The Committee wishes to point out in this respect that, to the extent that the replacement level of the disability pension is calculated on the basis of the previous earnings of the beneficiary, the Government may have recourse to Article 19 of the Convention, which requires the disability pension paid to the standard beneficiary (man with wife and two children) to attain at least 60 per cent of the wage of the skilled manual male employee selected by the Government according to the methodology explained in Article 19(6) and (7). In this case the Government should show, on the basis of detailed statistics, that the maximum amount of the disability pension prescribed by section 78 of the Law on Pension and Disability Insurance and the maximum limit for the earnings taken into account for the calculation of the pension (see sections 63 and 182 of the Law) comply with the requirements of Article 19(3). On the other hand, taking into account that section 76 of the Law guarantees the right to the minimum pension, the Government may also choose to apply Article 20 of the Convention, which requires such minimum pension to attain at least 60 per cent of the wage of an ordinary adult male labourer selected according to the methodology explained in Article 20(4) and (5). The Committee, therefore, once again asks the Government to specify in its next report to which of these provisions of the Convention – Article 19 or 20 – it would like to have recourse for the calculation of the replacement level of the disability pension. In making such a calculation, it is also requested to take into account any family allowance received by the standard beneficiary in addition to his wage and benefit.

Article 21. Review of the rate of cash benefits. The Committee notes the information provided in the Government’s report with respect to the indexation of pensions during the period 2004–05. The Government also indicates that since 2006 new rules apply to the indexation of pensions placing greater emphasis on the evolution of the cost of living in comparison with the evolution of the level of earnings (section 73 of the Pension and Disability Insurance Law, as amended in 2005). Noting that the Government does not provide the figures requested in the report form with respect to the period 2006–11, the Committee asks the Government to supply the specific information requested in this respect.

Comments of the Association of Independent Trade Unions of Serbia. The Association of Independent Trade Unions of Serbia indicates that the latest amendments to the Health Insurance Act have been passed although they did not undergo mandatory examination by the Economic and Social Council. These amendments had the effect of excluding commuting accidents from the scope of employment injuries. The Committee requests the Government to clarify the situation, indicating how the national legislation gives effect to the provisions of Article 7(1) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Part IV (Unemployment benefit) and Part VIII (Maternity benefit) of the Convention. In view of the fact that the Government’s report does not contain the information requested by the report form with regard to Parts IV and VIII, the Committee hopes that the Government will send in the near future all the elements required by the report form under these Parts.

Article 65. Level of old-age benefit and survivors’ benefit. The Committee notes that the calculations sent by the Government in its report based on Article 65 of the Convention show that, with regard to old-age benefit, the national legislation ensures a replacement level higher than that established by the Convention, namely 57.24 per cent of the reference wage for the standard beneficiary. As regards survivors’ benefit, the report indicates that the replacement level that would apply to a widow with two children would be 51.52 per cent of the wages of a breadwinner who had made contributions over a period of 30 years. The Committee recalls that the minimum replacement level established by Articles 63(1)(a) and 65 of the Convention represents 40 per cent of the reference wage, this percentage having to be attained in the case of 15 years of contributions by the breadwinner. The Committee therefore requests the Government to recalculate the replacement level ensured to a widow with two children in accordance with the requirements of the report form (the Government is requested to refer to the different points contained within Article 65, Titles I, IV and V). The Government may take into account all family allowances paid to the standard beneficiary and add these to the reference wage and to the amount of survivors’ benefit.

Article 65 or 66 and Parts III, IV and VIII (Level of sickness benefit, unemployment benefit and maternity benefit). In the absence of calculations concerning the level of benefits covered by Parts III, IV and VIII of the Convention, the Committee requests the Government to include with its next report the specific information required by the report form (details of employment injury benefit that have to be communicated in the context of Convention No. 121).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information given in the report and the reply of the Government to its previous direct request. It would be glad if the next report would also contain information on the application of Articles 10, 11 and 12 of Part II of the Convention, Articles 15–18 of Part III and Articles 35–38 of Part VI, which is still missing, as well as copies of the Law on social security and social policy of the Republic of Serbia, the Law on employment and unemployment insurance, the General Act on the national employment service and the Law on financial support for family with children.

Part X (Survivors’ benefit). In reply to the Committee’s previous direct request, the report indicates that, according to articles 71(1) and 72 of the Pension and Disability Law, survivors’ pension for the standard beneficiary (a widow with two children) represents 90 per cent of the old-age or disability pension to which the breadwinner would have been entitled at the moment of death; the minimum base for calculating the survivors’ pension is the old-age pension which the deceased would have received after 20 years of insurance. The minimum survivors’ pension is paid to the survivors of the breadwinner who has completed a minimum qualifying period of five years of insurance. While the report does not provide exact calculation of the replacement level of the survivors’ benefit, it refers to Article 65 of the Convention stating that this level will exceed the minimum level of 40 per cent of the wage of the skilled manual male employee determined under this Article. The Committee would like the Government to confirm this statement by including in its next report statistical data for the same time period on the amount of the average wage in Serbia, the wage of the skilled manual male employee selected under paragraph 6 of Article 65 of the Convention, the amount of the old-age pension to which such an employee would be entitled after 20 years of insurance, and the amount of the survivors’ benefit paid to the widow with two children in case her late husband has completed at the moment of his death a period of 15 years of insurance contributions. Please note that according to paragraph 3 of Article 63 of the Convention, in the schemes where the qualifying period is reduced to only five years of contributions, as in Serbia, the minimum replacement level of the survivors’ benefit required by the Convention is 30 per cent of the reference wage determined under Article 65 or 66. The fact that Serbian legislation fixes the minimum base for calculating the survivors’ pension permits the Government to have recourse also to Article 66 of the Convention, provided that the minimum survivors’ pension for the standard beneficiary would attain 30 per cent of the reference wage of an ordinary adult male labourer.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its previous direct request, the Committee notes the information provided in the Government’s report and particularly that concerning the application of Articles 17, 21 and 26 of the Convention. It would be glad if the next report of the Government would contain additional information on the following points.

Article 8(a) of the Convention. The Committee notes that section 24 of the Law on Pension and Disability Insurance does not contain a general definition of occupational diseases but, on the contrary, refers only to specific occupational diseases, which shall be determined by the minister responsible for the pension and disability insurance, together with working posts in which the incidence of specific diseases is identified, and the terms and conditions under which they are considered occupational diseases. The Committee understands therefore that the Republic of Serbia avails itself of the option offered by Article 8(a) of the Convention, according to which a Member shall prescribe a list of occupational diseases covering at least those enumerated in Schedule I of the Convention, as amended in 1980. It further notes in this respect that the list of occupational diseases given in the Government’s report, with reference to the Rulebook on determining occupational diseases, apparently does not include a number of such diseases listed in Schedule I. In this situation, the Committee would like the Government to make a detailed comparison of the national list of occupational diseases with Schedule I of the Convention, as regards to both the names of the diseases and the determination of the duties and working posts on which the disease appears, and to indicate in its next report measures taken or under consideration to ensure that all diseases listed in Schedule I be regarded as occupational diseases.

Article 10, paragraph 1. The Committee takes note of the broad definition of the types of medical care provided under section 18 of the Health Insurance Act. It would like the Government to specify in its next report the provisions of the Act or subsidiary regulations and rules of the Republic Health Insurance Fund or the Republic Fund for Pension and Disability Insurance of Employees, which ensure the provision of the following specific types of medical care guaranteed by the Convention in the case of a morbid condition caused by employment injury:

–           domiciliary visiting care by the general practitioner;

–           nursing care at home;

–           eyeglasses;

–           the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession.

Article 11. Please indicate whether medical care and allied benefits in respect of a morbid condition are made available free of charge to persons who have sustained employment injuries and, if not, whether rules on the subject are designed so as to avoid hardship.

Article 14. The Committee notes that, under paragraph 1 of Article 14 of the Convention, section 37 of the Law on Pension and Disability Insurance sets the minimum degree of incapacity giving the right to cash compensation for body damage at 30 per cent and that, in line with paragraph 2 of Article 14, section 21 of the Law provides for a disability pension for a total loss of working ability. It further notes that the Government’s report explains the rules for calculating the level of the disability pension for total incapacity but contains no information on the calculation of cash compensation for body damage leading to incapacity ranging from 30 to 100 per cent. The Committee would like the Government to show in its next report that, in accordance with paragraph 3 of Article 14, cash compensation for body damage in case of partial incapacity represents a suitable proportion of the disability pension in case of total incapacity. It would also like the Government to state whether any compensatory payments are provided for body damage of less than 30 per cent with a view to extending protection to cases of partial incapacity which is not substantial, and to ensure that people suffering such incapacity avoid hardship, in accordance with paragraphs 4 and 5 of Article 14 of the Convention.

Article 19 or Article 20. Calculation of the level of cash benefits. With reference to its previous comments, the Committee notes that the report, while explaining the rules for the calculation of the level of the disability pension, does not contain the statistical data necessary to establish the replacement rate attained by the disability pension in relation to the reference wage of the skilled manual male employee or of the ordinary adult male labourer determined respectively under Article 19 or 20 of the Convention. The Committee wishes to point out in this respect that, to the extent that the replacement level of the disability pension is calculated on the basis of the previous earnings of the beneficiary, the Government may have recourse to Article 19 of the Convention, which requires the disability pension paid to the standard beneficiary (man with wife and two children) to attain at least 60 per cent of the wage of the skilled manual male employee selected by the Government according to the methodology explained in paragraphs 6 and 7 of Article 19. In this case the Government should show, on the basis of detailed statistics, that the maximum amount of the disability pension prescribed by section 78 of the Law on Pension and Disability Insurance and the maximum limit for the earnings taken into account for the calculation of the pension (see sections 63 and 182 of the Law) comply with the requirements of paragraph 3 of Article 19. On the other hand, taking into account that section 76 of the Law guarantees the right to the minimum pension, the Government may also choose to apply Article 20 of the Convention, which requires such minimum pension to attain at least 60 per cent of the wage of an ordinary adult male labourer selected according to the methodology explained in paragraphs 4 and 5 of this Article. The Committee, therefore, once again asks the Government to specify in its next report to which of these provisions of the Convention – Article 19 or 20 – it would like to have recourse for the calculation of the replacement level of the disability pension. In making such calculation, it is also requested to take into account any family allowance received by the standard beneficiary in addition to his wage and benefit.

Article 26, paragraph 1(c). The Committee notes the information concerning preventive measures and rehabilitation services provided to disabled persons. It would like the Government to indicate legislative provisions and practical measures taken to further the placement of disabled persons in the most suitable alternative employment or gainful activity and to provide a copy of the Law on Professional Rehabilitation and Employment of Persons with Disability.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the first reports on the application of the Convention submitted by the Governments of the Republics of Serbia and Montenegro. Taking into account the complexity involved in compiling this information for the first time, in the manner requested by the report form for each of the seven different branches of social security accepted by the Republic of Serbia and Montenegro, the Committee would like the Government to avail itself of the technical assistance and training offered by the ILO in this respect.

Republic of Serbia

The Committee notes that the report from the Government of the Republic of Serbia contains information on the application of Parts IV to X of the Convention, but does not cover Parts II and III, the obligations of which have also been accepted by the country. No information is given on the provisions of Parts I, XI, XII and XIII, which the country has to comply with by virtue of Article 2 of the Convention. As regards the Government’s reporting obligations, the Committee recalls however that Part VI has ceased to apply as a result of the ratification of Convention No. 121 and Parts VII and IX have not been accepted by the country. It further notes that, in preparing its first report, the Government has not used the report form on the Convention adopted by the Governing Body of the ILO. The legislation referred to in the report, in particular the Law on Social Security and Social Policy of the Republic of Serbia, the Law on Employment and Unemployment Insurance, the General Act on the National Employment Service, the Law on Financial Support for Families with Children, has not been attached. The Committee thus finds itself in the situation where it cannot yet form a clear picture of the legal framework governing the system of social security in the Republic of Serbia. Neither does it have enough statistical information to assess the scope of coverage and the level of the benefits provided by it. It would therefore like to draw the Government’s attention to the requirements of Article 76 of the Convention, which details the legal and statistical information requested under each of the substantive Articles of this instrument, and recalls that this information should be systematized according to the abovementioned report form on the Convention. As regards the calculation of the replacement level of benefits, the Government is asked to indicate, where maximum and minimum amounts of cash benefits or the insured earnings are fixed, whether it wishes to have recourse to Article 65 or 66 of the Convention, as well as to specify the amount of any family allowance received by the standard beneficiary in addition to his wage or benefit. With regard more particularly to the survivors’ benefit, the Committee would like the Government to calculate the replacement level of the benefit on the basis of Article 66 of the Convention and to specify what minimum qualifying period of contribution or employment is required for entitlement to a reduced benefit in accordance with Article 63. Please also provide the statistics on the adjustment of the old-age and survivors’ benefits to the cost of living, as required by Articles 65(10) and 66(8) of the Convention.

Republic of Montenegro

The Committee notes that the report from the Government of the Republic of Montenegro contains information on the application of Parts V, VI, IX and X of the Convention, but does not cover Parts II, III, IV and VIII, the obligations of which have also been accepted by the country. In respect of the former Parts of the Convention, the report states that the application of certain provisions of the Convention is ensured by the Constitution of the Republic of Montenegro and by the Act on Pension and Invalidity Insurance of 2003. No other national legislation is cited in the report as giving effect to the provisions of those or other accepted Parts of the Convention. No information is given on the provisions of Parts I, XI, XII and XIII, which the country has to comply with by virtue of Article 2 of the Convention. As regards the Government’s reporting obligations, the Committee recalls, however, that Part VI has ceased to apply as a result of the ratification of Convention No. 121 and Part IX has not been accepted by the country. It further notes that in preparing its first report, the Government has not used the report form on the Convention adopted by the Governing Body of the ILO. The Committee finds itself in the situation where it cannot yet form a clear picture of the legal framework governing the system of social security in the Republic of Montenegro. Neither does it have enough statistical information to assess the scope of coverage and the level of the benefits provided by it. It would, therefore, like to draw the Government’s attention to the requirements of Article 76 of the Convention, which details the legal and statistical information requested under each of the substantive Articles of this instrument and recalls that this information should be systematized according to the abovementioned report form on the Convention. With regard more particularly to the survivors’ benefit, the Committee would like the Government to calculate the replacement level of the benefit on the basis of Article 66 of the Convention and to specify what minimum qualifying period of contribution or employment is required for the entitlement to a reduced benefit in accordance with Article 63. Please also provide statistics on the adjustment of the survivors’ benefits to the cost of living, as required by Article 66(8) of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the reports on the application of the Convention submitted by the Governments of the Republic of Serbia and the Republic of Montenegro.

Republic of Serbia 

The Committee notes that the report from the Government of Serbia contains extensive information on the application of the Articles of the Convention, but does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. Neither does it contain the statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The Committee finds in particular that it has insufficient information to assess the application of Articles 8, 10, 11, 14 (paragraphs 4 and 5), 15, 17, 21 and 26 of the Convention. As regards the calculation of the replacement level of the benefits, the Government is asked to indicate whether maximum and minimum amounts of cash benefits or of the insured earnings are fixed in its legislation and whether it wishes to have recourse to Article 19 or 20 of the Convention. Please specify also the amount of any family allowance received by the standard beneficiary in addition to his wage or benefit. Finally, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.

Republic of Montenegro 

The Committee notes that the report from the Government of Montenegro does not contain any information on the application of Articles 10, 11, 13, 15, 16, 19, 20, 21 and 26 of the Convention. The information concerning the application of other Articles is often insufficient due to the fact that the report does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. In particular, there is no statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The national legislation cited in the report as giving effect to the provisions of the Convention, that is the Constitution of the Republic of Montenegro and the Act on Pension and Invalidity Insurance of 2003, is not available to the Committee, which would also like to know whether the national legislation contains a list of occupational diseases giving effect to Article 8 of the Convention, as well as provisions ensuring the types of medical care and rehabilitation services specified in Articles 10 and 26, respectively. The Committee hopes that the Government’s next report will include all the above elements of information necessary to enable the Committee to form a clear picture of the legal framework implementing the Convention in the Republic of Montenegro. Meanwhile, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given in both law and practice to each of the provisions of the Convention for the Parts which have been accepted (Parts I, II, III, IV, V, VI, VIII, X, XI, XII, XIII and XIV), and also to provide all the statistics required in the manner requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given, in both law and practice, to each of the provisions of the Convention, and also to provide all the statistics requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention, which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given in both law and practice to each of the provisions of the Convention for the Parts which have been accepted (Parts I, II, III, IV, V, VI, VIII, X, XI, XII, XIII and XIV), and also to provide all the statistics required in the manner requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given, in both law and practice, to each of the provisions of the Convention, and also to provide all the statistics requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the communication dated 19 April 2001 by which the Federal Republic of Yugoslavia confirmed its acceptance of the obligations deriving from the Convention, which had been ratified by the former Federative Republic of Yugoslavia. The Committee requests the Government to provide a detailed report for examination at its next session on the manner in which effect is given in both law and practice to each of the provisions of the Convention for the Parts which have been accepted (Parts I, II, III, IV, V, VI, VIII, X, XI, XII, XIII and XIV), and also to provide all the statistics required in the manner requested in the report form adopted by the Governing Body.