Regarding the statement made by a group of special rapporteurs of the United Nations stressing the risk of human rights violations by applying provisions of the Draft Law on Work Engagement due to Increased Workload in Certain Activities, we would like to draw the public attention to the fact that civil society organizations gathered around the Initiative “I also live in the off-season” have been pointing out the risks of this proposal and demanded its withdrawal on several occasions, and, in particular, during the public hearing held in September 2021.
In its communication, the UN rapporteur pointed out once again that the said Draft Law limits the right to freedom of association, including the right to organize and collective bargaining of workers engaged in activities covered by the law. As we warned earlier, the possibility to protect workers through their right to organize, collective bargaining and strikes is one of the basic achievements of workers’ struggles, and if this right is limited, it implies that employees are denied the opportunity to have dialogue with employers and achieve dignity at work and safe work environment.
The representatives of the UN also stressed that the Draft Law is in contradiction to a number of international conventions ratified by Serbia protecting the labor, social and economic rights and freedoms of workers. As pointed out in the communication, the solutions contained in the Law contradict the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Their Families and Conventions 11, 87 and 98 of the International Labor Organization. Once again, we emphasize, and this is also confirmed in the communication, that the proposed Law is in contradiction to the Labor Law, the Law on Strike and the Constitution of the Republic of Serbia.
Moreover, the Law leads to further labor flexibilization and exploitation of domestic and foreign workers. Jobs covered by the Draft Law are defined as activities outside the employment relationship and therefore there is a risk that a huge number of people who are now employed in the activities to which the Law will apply, will be fired, shifted to a different work regime that disenfranchises them. Also, the Draft Law abolishes the rights of migrant workers guaranteed by the Labor Law because it has the status of a special law, which is a tragic solution considering the widespread abuse of foreign workers that we have been witnessing in Serbia in recent years.
Because of all mentioned above, this legal text is unconstitutional, and we demand its withdrawal; we also appeal to the Government to stop favoring employers and take into consideration the interests of workers when adopting new legal solutions. We request that labor-related laws be adopted exclusively by the consensus of social partners, be harmonized with the Constitution, ratified international instruments, and the European Union acquis.
For the Initiative “I also live in the off-season”:
A 11 – Initiative for Economic and Social Rights
Centre of Modern Skills
“Zajedničko” Platform
