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

Serbia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” communicated with the Government’s report.

The Committee notes the representation under article 24 of the Constitution of the ILO, presented to the Governing Body by the Building and Wood Workers’ International (BWI), the Construction Labour Union and the Thamizhaga Kattida Thozhilalargal Mathiya Sangam, and the representation presented by the BWI and the Trade Union of Construction and Building Material Industry Workers of Serbia, alleging non-observance by Serbia of a number of Conventions, including Convention No. 81 and Convention No. 150. At its 347th Session (March 2023), considering that these two representations concern similar issues, the Governing Body decided that they should be examined jointly by the same tripartite committee (GB.347/INS/19/4, paragraph 6 and GB.347/INS/19/5, paragraph 6). The representations allege that the labour inspection and labour administration systems have failed to enforce the applicable labour legislation with respect to the Vietnamese and Indian workers based on the argument that these systems have no authority over the foreign employer’s labour relations with temporary migrant workers in the Serbian territory.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free entry of labour inspectors to workplaces without prior notice. For a number of years, the Committee has been noting the need to amend the Law on Inspection Oversight with regard to restrictions imposed on the powers of inspectors, and in particular: (i) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 17, 49 and 60); and (ii) the scope of inspections (section 16). The Government indicates in its report that the Ministry of Public Administration and Local Self-Government initiated the procedure of seeking opinions through consultations on the application of the Law on Inspection Oversight. In its observations, the Trade Union Confederation “Nezavisnost” indicates that on 1 September 2023, the first meeting of the internal Working Group for the preparation of the Draft Law on Amendments to the Law on Inspection Oversight was held by the Ministry of Public Administration and Local Self-Government. According to the Trade Union Confederation “Nezavisnost”, the Law on Inspection Oversight continues to impose restrictions on the power of labour inspectors and despite the request of the Conference Committee on the Application of Standards in 2019 to amend the relevant provisions, to date this has not been done. In this respect, the Confederation recalls that, during the tripartite workshop of February 2020, it expressed the opinion that a discussion should be opened on the need to draft a separate law on labour inspection. The Committee requests the Government to provide its comments in this respect. The Committee also urges the Government to take the necessary measures in order to amend the Law on Inspection Oversight, and to provide information in this respect, including on the outcomes of the meetings of the tripartite working group, and on any other steps taken, in consultation with the social partners.

In reply to the Committee’s previous request on the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, the Government provides detailed information on inspections conducted without prior notice in 2020, 2021 and 2022, including of unregistered entities, and in response to occupational accidents, complaints or serious violations. The Committee requests the Government to continue to provide information on the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, including statistics on the number and nature of inspections undertaken without previous notice (such as in response to occupational accidents, complaints or serious violations).

Articles 3(1)(a) and (b), 7, 10, 11 and 16 of Convention No. 81 and Articles 6(1)(a) and (b), 9, 14, 15 and 21 of Convention No. 129. Adequate number of qualified labour inspectors and inspection visits, and material means at the disposal of inspectors to ensure the effective application of the legal provisions. Regarding the implementation of the Three-year Action Plan for the employment of civil servants who perform inspection tasks under the jurisdiction of national inspections, the Government indicates that, despite having identified that the optimal number of labour inspectors would be 307, the Labour Inspectorate could not obtain approval for an increase in the number of systematized inspector positions because of the large number of vacant positions of labour inspectors, which in 2021 amounted to 60, due to retirements. The Committee notes that, in 2022, the Labour Inspectorate permanently recruited 41 labour inspectors through public competitions to fill the existing vacant positions. The Government indicates that there are currently 231 labour inspectors (229 in 2020 and 240 in 2019) employed in the Labour Inspectorate, and 267 labour inspector positions have been systematized by the Rulebook on internal organization and systematization of jobs in the Ministry of Labour, Employment, Veteran and Social Affairs. With regard to material resources, the Committee notes the information provided by the Government that in 2020 and 2021 new IT equipment was distributed to departments and divisions of the labour inspection throughout the territory. The Government indicates that, in 2022, 40 new official vehicles were acquired by the Labour Inspectorate through operational leasing and distributed in departments and divisions of the labour inspection throughout the territory. The Committee notes however the Government’s indication that the Labour Inspectorate lacks reliable official cars of recent production, as well as all-terrain vehicles, for carrying out inspections in remote, inaccessible and rural areas. In its observations, the Trade Union Confederation “Nezavisnost” emphasizes on the need to strengthen the capacity of the Labour Inspectorate, indicating that the Inspectorate does not have a sufficient number of inspectors, that the inspectors are overloaded and do not have adequate IT equipment, which influences the efficiency of the supervision. The Committee requests the Government to provide its comments in this respect. Moreover, the Committee requests the Government to continue to provide detailed information on the number of labour inspectors, including specific information on the number of inspectors assigned to the agricultural sector. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human resources necessary for their operation, including measures taken to fill the vacant positions and to increase the number of sanctioned posts of labour inspectors. Noting the difficulties mentioned by the Government with regards to material means, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspection services have sufficient material resources necessary for their operation and to continue to provide detailed information with regard to material resources allocated to the Labour Inspectorate (including its budget, IT equipment, vehicles available, etc.)

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