Considering that the existing definition of the Article 188 of the Labour Law doesn’t provide trade union representatives and members with sufficient support when working on trade union issues, which practically puts them into an unfavourable position due to their employment contract being terminated by the employer, Confederation of Autonomous Trade Unions of Serbia sent to the Social and Economic Council the initiative to amend this Article of the Labour Law.
As the consequence of this rather unclear legal provision, there are frequent violations done by the employer: assigning less paid jobs to trade unions activists, rearranging their work in a different organizational unit, posting them to work in another location, posting them to work for a different employer, making them redundant.
In line with the ILO Convention 135 on the protection and benefits provided for trade union representatives in companies and with the Recommendation 143 on trade union representatives, the Article 188 of the Labour Law should protect shop stewards, trade union members and presidents from discrimination and employers’ misuse.
CATUS warns unless trade union representatives and members at the company level are provided with genuine protection of rights and freedom of their trade union activity, social dialogue in the Republic of Serbia shall remain in crisis, which may finally deprive the state of its social partners.
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