Serbia
The ITUC affiliates in Serbia are the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Ujedinjeni Granski Sindikati Nezavisnost (NEZAVISNOST).
Serbia ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 2000.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by law.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Trade unions must be registered in accordance with regulations issued by the Ministry of Labour. The procedure is very complicated, and the Ministry must also give its consent.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- Leaders of company-level trade unions must be full-time employees at the time of registration and provide a certificate issued by their employer.
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- Section 9 of the Rulebook on trade union registration allows the Minister to issue a decision on removal of the union from the register ex officio or upon request.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Others categories
- The Labour Act only applies to employees, defined in section 5 as natural persons employed with an employer. Therefore, independent and outsourced workers, as well as workers without an employment contract, do not benefit from the right to establish and join organizations.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Barriers to the recognition of collective bargaining agents
- Previous authorisation or approval by authorities required to bargain collectively
- Article 223 of the Labour Code makes the employer responsible for establishing the representativeness of an employer level trade union, and the Minister responsible for establishing the representativeness of national, regional, branch, group, subgroup or line of business on advice of the Panel for Establishing Representativeness of Trade Unions and Associations of Employers. Once its representativeness is so established, the trade union is entitled to bargain collectively and enter into a collective agreement “on the respective level”.
- Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively
- A representative trade union with an employer shall be one that meets the requirements of art. 128 of the Labour Code (freely established, independent, primarily self- or member-funded, registered) whose membership comprises no less than 15 per cent of the total number of employees with that employer. A representative trade union with an employer shall also be the trade union in the branch, group, subgroup or line of business comprising no less than 15 per cent of the total number of employees with that employer. A representative trade union for the territory of the Republic of Serbia, or unit of territorial autonomy or local self-government, or branch, group, subgroup of line of business shall be one that meets the requirements of art. 128 of the Labour Code and whose membership comprises no less than 10 per cent of employees in that branch, group, subgroup of line of business on the territory of a certain territorial unit.
- Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations
- Procedures regarding representativeness determination are brought before the Representativeness Board. However, rules applying are unclear and lead to significant confusion and delays. Section 229 of the Labour Act establishes decision-making by majority and allow the Minister to decide upon a request for representativeness without the Board’s approval if it fails to submit a proposal to the Minister within 30 days from the date of the request. Section 233 of the Labour Law imposes a time period of three years before a new organisation, or an organisation which previously failed to obtain recognition as most representative, may seek a decision on the issue of representativeness.
Restrictions on the principle of free and voluntary bargaining
- Imposition of fixed and unreasonable procedural requirements (e.g. short time-limits for reaching an agreement)
- If, during the bargaining process consensus for collective agreement has not been reached after 45 days from the day of the outset of the bargaining process, the parties may set up an arbitrage to resolve the disputed issues. The final decision of the arbitrage shall be reached 15 days after the arbitrage has been most recently set up (arts. 254, 255 Labour Law).
- Compulsory conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and / or binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
- The law on Peaceful Settlement of Labour Disputes provides for compulsory arbitration in services of general interest, such as electricity distribution, water supply, public radio and television, postal and telecommunication services, public utilities, basic food production, health and veterinary care, education, childcare and social protection.
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Restrictions on the duration, scope of application or coverage of collective agreements
- The law stipulates a maximum duration of three years for collective agreements covering the public administration.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Compulsory recourse to arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - Strike action cannot be undertaken if parties to a collective agreement do not reach an agreement, as the dispute is then subject to compulsory arbitration.
Ban or limitations on certain types of strike actions
- Restrictions with respect to type of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow go-slow A form of industrial action whereby the workers deliberately reduce their pace of work in order to restrict output.
See work-to-rule ) - Where the strike action involves a gathering of employees, the meeting place cannot be out of business operating rooms or outside the business premises (art. 5, Law on Strikes).
Undermining of the recourse to strike actions or their effectiveness
- Absence of specific protection for workers involved in lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions (e.g. against dismissal) - The law on strikes states that participation in a strike can lead to suspension not only of wages, but also of social security rights.
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - According to section 167 of the Criminal Code, whoever organizes or leads a strike in a way which is contrary to the law or regulations and thereby endangers human life and health or property to a considerable extent, or if grave consequences result therefrom, shall be punished with imprisonment of up to three years unless other criminal offences prevail.
Limitations or ban on strikes in certain sectors
- Discretionary determination or excessively long list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited or severely restricted - Strikes in industries of public interest or in which outages could endanger the life and health of people or cause major damage are restricted. Industries of public interest are defined to include electricity, water, transport, information (radio and television), postal services, public utilities, staple foods production, health and veterinary protection, education, social child care and social protection. Industries in which outages could endanger the life and health of people or cause major damage are defined to include chemical industry, ferrous and non-ferrous metallurgy (art. 9 Law on Strikes).
- Unreasonable or discretionary (i.e. without negotiation with social partners
social partners
Unions and employers or their representative organisations.
or absence of an independent authority in the event of disagreement) determination of the extent of the “minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework ” to be guaranteed during strikes in public services - The level of minimum operational service shall be determined by the employer. In determining the minimum services that must be maintained, the employer is obliged to take into account opinions, remarks and proposals of trade unions (art. 10 Law on Strikes).
In practice
Fiat Plastic attempted to break a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by its workers in the Serbian city of Kragujevac by placing the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
committee on paid leave in May 2021 and transferring some of the production away from the Kragujevac facility. Protests began on 12 January with one-hour-per-day stoppages further to the announcement of a €300 annual pay cut.
In June, management were charged with misdemeanours by the Labour Inspectorate over attempts to break the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Thirteen workers who took part in the stoppages, including the entire strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
committee, were illegally placed on leave, and the committee locked out of the plant. Management also removed machinery from the plant.
In August, the United Trade Unions of Serbia denounced intimidation by the Security and Information Agency of Serbia (BIA). BIA called the president of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
committee on 11 August to invite him to a “conversation”. The Fiat Plastic union refused, announcing that it was “not interested in politics”, only with trade union matters.
The dispute continued. Negotiations with Fiat, mediated by the state Agency for the Peaceful Settlement of Labor Disputes, failed in October.
The president of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
committee, Zoran Miljković, speaking to the press on 17 November, reported that the line minister Darija Kisić Tepavčević betrayed her promises, as well as the expectations of the workers.
“At our request, she sent an inspection to the factory on two occasions, but in a fake way, because the inspection dealt with unimportant things and did not take into account the basic thing we were looking for. And that is to return the machines to our factory, illegally displaced during the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and to return to work a group of workers who worked on them,” Miljkovic said.
The dispute had not been resolved by the end of November.
According to Nezavisnost, it is common practice for employers in Serbia to form and register “their own” trade unions to thwart independent unions’ efforts to organise. Such practices are frequent in the public sector as illustrated by the case of the Republic’s Geodetic Authority (RGA), which is under the direct competence of the government of the Republic of Serbia. The director has formed his own “in-house” trade union – “Geosindikat” (Geo-Trade Union) – which uses the RGA website to advertise itself and disseminate false information while constantly insulting and slandering other registered trade unions.
In January 2019, the government concluded an agreement with the representatives of the Strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
Committee of the RGA, whereby the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, which had started in December 2018, was called off.
However, the government and RGA management failed to comply with the signed agreement. Therefore, RGA employees organised a new strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in April 2019, which in May was again called off when an agreement was reached with the government.
On the same day the agreement was concluded, RGA brought proceedings to challenge the representativeness of Nezavisnost and CATUS (Confederation of Autonomous Trade Unions of Serbia) within the Authority.
During the proceedings, Geosindikat actively supported the employer’s actions, and Nezavisnost and CATUS were deprived of their representative status. The RGA director filed criminal charges against the Nezavisnost and CATUS representatives and leaked their names to the press.
At the date of publishing, it is not known whether a decision has been handed down on this case.
The Trade Union Confederation NEZAVISNOST reported that during 2018, many elected trade union representatives saw their employment contracts terminated and not renewed due to alleged violations of work discipline or failure to perform their work obligations. In reality, employers were arbitrarily dismissing workers for their trade union activities.
The Trade Union Confederation NEZAVISNOST reported that following the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action in July 2017 at Fiat Chrysler Automobiles’ (FCA) plant in Serbia – FCA Srbija, the company retaliated against workers. In 2018, many of the 2,000 workers who had taken part in the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
were transferred to less paid jobs or pressured to leave the union. As a result, trade union membership in the company fell drastically.
Judicial remedies in Serbia are increasingly less accessible to workers due to high costs and to the overall inefficiency of the courts. Judicial proceedings are often very lengthy: over five years in the first instance and nine years for a final decision of the national courts.
The Ujedinjeni Granski Sindikati Nezavisnost (NEZAVISNOST) has raised serious concerns on the widespread and persistent attacks against social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
and collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in the country.
According to NEZAVISNOST, the State continues to favour occupational unions, trade unions with no affiliation to any national union centre and yellow unions to engage in collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
at the branch, sectoral and national levels.
In the private sector, employers often refuse to bargain with representative unions. For example, in the Electric Power Industry of Serbia (EPS), the employer bargained with the EPS trade union, while excluding all representative unions from the negotiation rounds. Although the EPS trade union has never established its representativeness at the national level, a collective agreement was concluded and implemented countrywide. According to NEZAVISNOST, many multinational companies operating in Serbia prohibit employees from organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
and do not observe the national legislation.
NEZAVISNOST also deplores the blatant coverage gap at the national and industry levels where there are hardly any collective agreements concluded. Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is heavily hampered by the authorities, which unduly delays the registration and publication of collective agreements, in some cases for more than a year. For example, the Ministry of Labour, Employment, Veterans and Social Affairs, which is in charge of registering collective agreements, postponed the registration of the following signed industry collective agreements for eight months:
in the chemical and non-metals industry of Serbia (signed on 28/12/2015, published in the Official Gazette of the Republic of Serbia on 14/09/2016);
in the construction and building materials industry (signed on 10/02/2016, published in the Official Gazette of the RS on 14/09/2016);
in the agriculture, food and tobacco industries and water management of Serbia (signed on 28/01/2016, published in the Official Gazette of the RS on 09/09/2016).
On 7 February 2018, the European Federation of Journalists (EFJ) denounced on the platform of the Council of Europe the lack of safety of the following case:
On two separate occasions (04/02/2018 and 05/02/2018), the Belgrade office of the Independent Journalists Association of Serbia (NUNS or IJAS) has been the target of insults and intimidation with a printed flyer describing IJAS as an “Unhappy Association of Enemies of Serbia”. The flyers were glued into the glass entrance of the House of Journalists where the head office of the Independent Journalists Association of Serbia is located. It is suspected to be a professionally organised hate campaign because the flyers were printed in color, on quality paper, and probably in a larger circulation, in order to be distributed in other public places. The incidents were reported to the police and to the prosecutor’s office, which immediately started gathering evidence.
On 20 October 2016 two representative trade unions, namely the Autonomous Trade Union (SSSS) and the Branch trade union of agriculture, hospitality and tourism at UGS Nezavisnost (PUT Nezavisnost) submitted an initiative to conclude a collective agreement for the specific sector of the catering and tourism industry. The Serbian Association of Employers (SAE) formally accepted the initiative. However, it has substantially boycotted the negotiation process, refusing to schedule a meeting of the parties involved in the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
Recently signed collective agreements in the chemistry, construction and agricultural sector include a clause that makes their validity dependent on the Minister’s decision to extend the agreements. In general, there are few instruments to monitor and enforce the implementation of collective agreements. Even after being signed, collective agreements may not be enforced. This is what happened for these three sectoral collective agreements whose request for extension was presented by the signing trade unions and the Serbian Association of Employers (SAE) refused to support their extension, which effectively undermined the validity of the signed agreements. The Ministry of Labour has remained silent and no announcement has been made in the Official Gazette.
In October 2016, the Ministry of Education asked school principals to make a list of unionised employees under the pretext of completing the Ministry’s database. In reaction to such a request, the three biggest teachers’ trade unions of Serbia, led by the CATUS Teachers’ Union of Serbia (TUS), sent a letter to the Minister to denounce the violation of both the Law on Personal Data Protection and the national labour law. The information requested, in fact, exists in school databases but given the strict confidentiality of their content, they have to be used only within the strict regulatory framework set by the law and cannot be arbitrarily dealt with. The Serbian Commissioner for Information of Public Importance and Personal Data, Mladen Sabic, publicly stated his support for the trade unions’ campaign in consideration of the fact that the data demanded from school principals was “highly confidential and could only be handled with the consent of the people directly concerned”. Mr. Sabic pointed out, that any contrary behavior would be in breach of Article 16 of the Penal Code and therefore subject to criminal prosecution.
The registration of sectoral collective agreements is the Ministry of Labour’s competence.
However, the Ministry arbitrarily prolonged for eight months the registration and publication of several signed sectoral collective agreements and therefore delayed their entry into force. The sectoral agreements affected by the Ministry’s unjustified delay were the following:
Chemistry and Non-metals: signed on 28 December 2015, registered and published in the “Official Gazette of RS” on 14 September 2016;
Construction and Building materials industry (signed on 10 February 2016, registered and published in the “Official Gazette of RS” on 14 September 2016); and
Agriculture, Food, Tobacco Industry and Water Management, signed on 28 January 2016, registered and published in the "Official Gazette of RS” on 9 September 2016.
There are numerous cases of non-compliance of the employer with the provisions of collective agreements, especially in the healthcare sector. This includes the following:
Organisation and salary calculations for on-call duties and 24-hour shifts in workplaces such as the Pirot General Hospital; the Uzice Health Centre; the Aranđelovac General Hospital and the Smederevska Palanka General Hospital;
Employee compensation costs in the case of a family member’s death in the Batočina Health Centre; the Gnjilane Pharmacy and the Bac Health Centre;
Jubilee awards payment in the Kula Health Centre; the Stari Grad Health Centre, Belgrade; the Nis Blood Transfusion Institute; the Uzice Health Centre and the Nis Institute for Emergency Medical Assistance;
Severance payment for retirement in the Nis Health Centre; the Zemun Clinical Hospital and the Valjevo General Hospital;
Transfer arrangements in the Uzice Health Centre;
Compensation for transportation to and from the workplace in the Gadžin Han Health Centre; the Kikinda General Hospital and the Belgrade Pharmacy;
Overtime payment in the Children’s University Hospital in Belgrade; providing administrative and technical conditions for trade union work in the Aranđelovac General Hospital; the Vladimirci Health Centre; the Uzice Health Centre; the Požega Health Centre; the Institute for Neonatology in Belgrade and the Zajecar Health Centre;
Salaries in the Utilities Services of the Republic of Serbia;
Payment compensation for transportation, meal allowances, bonuses and per diems in relation to civil servants;
Salaries in relation to employees in primary, secondary and boarding schools.
In general, it is very difficult to conclude collective agreements at the sectoral and national levels. In addition, there are often problems with the extension of collective agreements, as only agreements that bind the employer that employs more than 50 per cent of workers in a given branch can be extended, subject to the decision of the Government.
Access to judicial protection for labour rights violations is restricted by the High Court and legal fees imposed by the Act on Court Fees and the Law on the Bar Tariff (in combination with the lack of opportunities for workers to be represented by a representative other than a lawyer, such as a trade union representative). Court proceedings, especially on labour issues, are excessively long. First instance proceedings take on average four years, but in many cases the length exceeds eight years. Exhaustion of remedies at all instances takes on average around seven years. NEZAVISNOST has appealed to the Government to establish separate labour courts and procedures in order to speed up access to justice without success. In addition, there are many concerns relating to the lack judicial independence.
There are frequent cases of the Government negotiating in bad faith, either at the national level or at the company level (in its capacity as the employer). This was the case during negotiations in the Republic Geodesy Institute following strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. The Government formed a Working Group to draft a Reform Programme for the Institute, which was supposed to determine the optimum number of jobs in this institute. The drafting was to take place within an agreed time frame. Information about the arrangement and solving the collective dispute
collective dispute
See industrial dispute
has been leaked by the Government to the media. In practice, however, contrary to the Government briefings, the Working Group was unable to fulfill its task, as its government members refused to schedule a meeting and plan the work according to the agreed time frame.
Similar manipulation of public opinion through the state-controlled media took place during the dispute over the draft law on the salary system in the public services, which was deemed unacceptable by the unions. Two representative trade union confederations announced a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
alert. Contrary to the facts, several Ministers and the Prime Minister announced in the media that the Government accepted all trade union demands. The information created considerable confusion for the public and trade union members, while the Government continued with the legislative process.
Negotiations are often prolonged without reason at the sectoral or company level, making it impossible to conclude an agreement in practice. This was the case during negotiations of the sectoral collective agreement for kindergarten workers in Belgrade by the City of Belgrade (as employer) as well as during negotiations of the sectoral collective agreement for preschools and employees in higher education institutions in the Republic of Serbia.
Although the law regulates the right to organise in the military sector, in practice it is very difficult for the unions to make use of this right. The decrees that deal with the right to organise in the army prescribe that trade union activities can take place at the level of a brigade and issues should be solved at the level of the brigade command. Unions with a different structure that is not compatible with the army organisation, such as NEZAVISNOST, face serious problems in their organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. work. Visiting some units is possible only with the approval of the superiors and at the time when the command determine that organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. will not interfere with military affairs. These discretionary criteria are often misused by the command. During the trade union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. campaign that took place in front of the Ministry of Defence, the Ministry intervened directly and prohibited the dissemination of the trade union leaflets, arguing that they revealed classified information (i.e., information about the material situation of employees in the Army of Serbia).
NEZAVISNOST reports frequent cases of the favouritism of one union over another, both by the private sector employers and by the State (which is still the major employer in Serbia). There is a clear pattern of favouring organisations not affiliated to – and not assisted by – a representative national confederation, thus in a weaker bargaining position. Often these unions are created with the employer’s approval and are dependent on the employer’s financial support. Favouritism was observable during negotiations between the State and several occupational trade union organisations in relation to organisations such as the Union of Pharmacists and Doctors of Serbia; the Trade Union of Nurses and Technicians of Serbia; the Union of Administration; the Police Union of Serbia; the Independent Police Trade Union; the Union of Serbian Electric Power Industry Elektroprivreda Srbije; and the Union of “Nikola Tesla” Airport. For example, Elektroprivreda Srbije, owned by the State, fully controls its trade union. The organisation is registered only with the employer and receives approximately 9 million Euro per year in financial support. The company refused to engage in negotiations with the relevant organisation affiliated to NEZAVISNOST and concluded a collective agreement with the controlled union despite the lack of its representativity.
Unequal treatment is also present during the registration process. In accordance with the national legislation, trade union organisations are required to register at all levels (local/enterprise level, sectoral level, national level). The Ministry of Labour has up to 30 days to complete the registration process. In practice, many organisations affiliated to NEZAVISNOST had to wait more than three months for the final decision. In the meantime, they were not able to perform their activities or take part in collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. At the same time, the Ministry of Labour granted a fast-track registration procedure to other local unions that were affiliated to confederations close to the Government.
In 2015 NEZAVISNOST Transport and Telecommunications Trade Union faced an accusation of tax evasion (non-payment of taxes for trade union membership fees), supported by immediate initiation of tax infringement proceedings and criminal prosecution against the union president. Tax inspectors had been investigating financial records of the union. The president of the union was threatened with arrest and seizure of his personal property, as well as the trade union property. He has been pressured to settle as soon as possible and to make the payment of the questionable tax. The legality of the tax prosecution was questionable in the view of existing clarification of the Ministry of Finance about the payment of taxes from trade union fees. Simultaneously, the amount of the requested tax was of such an amount that it put at risk the financial survival of the union. The prosecution therefore raises questions about possible anti-union intimidation and harassment.
The prosecution also intervened during the labour dispute
labour dispute
See industrial dispute
in two emergency medical service companies owned by the local government (Blood Transfusion Institute Nis and Health Centre). There were cases of police interrogation of the trade union representatives involved in the dispute.
There are several examples of insufficient consultation of legislative proposals. In 2015 the Government adopted several laws directly applicable to social and economic rights without consultations either with the unions or with the Social and Economic Council of Serbia – for example: Law on Assembly of Citizens; Law on Amendments to the Law on Pension and Disability Insurance; Law on Health Care; Law on Amendments to the Law on Health Insurance. Also during 2015, the Government submitted a proposal on the new Law on Mining, which includes new provisions on the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The proposal has not been consulted either with the unions or with the Social and Economic Council.
National legislation excludes from the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
elected and appointed officials, officials in state bodies, judges, armed forces, police and members of the Security Information Agency. Even those categories of workers to whom the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is granted are often denied this right in practice. This was the case in Confezioni Andrea Serbia, where the employer prevented employees from participating in a warning strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Those who took part received warning prior to termination of employment. During the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Clinical Centre of Serbia in Belgrade organised by NEZAVISNOST, trade union communication was disrupted by destruction of trade union announcements and posters.
Trade unions in Serbia are not sufficiently protected against interference in their activities. For example, in the public enterprise Skijalista Srbije, founded and owned by the State, the employer continuously tried to declare null the last trade union elections and to appoint representatives of the management as elected trade union representatives. This interference dates from February 2015.
In Yura Corporation, enterprise employees were not allowed to join the trade union at all. Trade union members often face discrimination – intimidation, psychological abuse, transfer to another workplace, dismissal – including in the public sector. This was the case in Health CenterVladimirci, Health Center Velika Plana, Health CenterPožega, General Hospital Aranđelovac. In the Confezioni Andrea Serbia, the members of NEZAVISNOST trade union were directly targeted by the employer and pressured to join another union that was controlled by the company. Trade unions are often denied facilities, even if guaranteed by law. Such situations take place even in the Government’s offices and agencies. This was the case of the trade union affiliated to NEZAVISNOST present in the Ministry of Internal Affairs which was continuously denied premises for their union work.
The government has ignored established procedures to force changes through Parliament affecting minimum wage entitlements, employment provisions, pensions and disability insurance. Foreign business interests, notably the US Chamber of Commerce, have been actively pressing the government to reduce collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
rights, increase the maximum duration of temporary employment contracts, reduce severance pay and holiday allowances and re-define equal pay rules. Specifically, the laws that the government aims to amend are the following: the Labour Law; Law on Privatisation; Law on Bankruptcy; and the Law on Retirement and Disability Insurance. Approaches by national trade union centres CATUS and Nezavisnost to the Government for dialogue have been rebuffed, leaving the unions no option but to launch the general strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 17 July 2014.
Both the Ministry of Defence and the manager of the Zastava Arms, Rade Gromovic, denied the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and representation of the Zastava Arms and Trade Union in the supervising board of the company. It was argued that pursuant to the Law on Companies, an employee of the company does not have the right to be appointed as a member of the Supervising Board.
The Trade Union of Employees in Health and Social Protection of Serbia demanded pay increases and the withdrawal of a decree which would have resulted in the reduction of salaries. When workers and management disagreed, the union called a warning strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 29 June 2012 and initiated a collective labour dispute
labour dispute
See industrial dispute
with the Settlement Board pursuant to the Law on Peaceful Settlement of Labour Disputes. However, the mediator Zivko Kulic explained that employers are neither organised nor ready to participate in the process. Employers did not even nominate a representative to the Settlement Board.
Workers who wish to form a trade union are often forced to take the employer’s “advice” not to unionise, or else face persecution. The Confederation of Autonomous Trade Unions (CATUS) has reported numerous examples of anti-union tactics. In 2009, trade unionists at MINEL-ELIP in Belgrade were subjected to psychological harassment and dismissal threats. Following the beating of a trade union president in 2008, the workers have been in constant fear of reprisals for their union activities. The management of Univerzal Iskra in Barič also threatened the trade union leader with dismissal, and pressured workers to leave the union. Labour inspectorates do not always make an effort to stop anti-union behaviour.