REPUBLIC OF SERBIA

REPORT ON APPLICATION OF NON-RATIFIED ARTICLES OF THE

REVISED EUROPEAN SOCIAL CHARTER

                                                                March 2024

Article 2, item 4

On 28 April 2023, the National Assembly of the Republic of Serbia adopted the new Law on Occupational Safety and Health, which was published on 29 April 2023 (Official Gazette of the RS, No. 35/23). Article 16 of the Law on Occupational Safety and Health prescribes:

“The employer is obliged to issue an act on risk assessment in writing for all jobs in the work environment and to determine the manner, measures and deadlines for eliminating or reducing the risk to a minimum.

The employer is obliged to issue an act of risk assessment for all workplaces where students perform professional practice or practical teaching or learning through work in the dual education system in accordance with the law governing dual education.

The employer is obliged to ensure that the measures determined by the act on risk assessment are integrated into all activities of the employer and at all levels.

The employer is obliged to amend the act on risk assessment in case of any new danger or harmfulness and change the level of risk in the work process, the introduction of a new job and new technology and changes in working conditions.

The act on risk assessment is based on determining the dangers and harms at the workplace in the work environment, on the basis of which the risk of injuries and damage to the health of the employee is assessed.

The manner and procedure of risk assessment at the workplace and in the work environment shall be prescribed by the Minister in charge of labour affairs.”

Taking into account that risk assessment is a basic tool that allows the employer a comprehensive insight into the state of the occupational safety and health, and enables simple management of work processes from the aspect of occupational safety and health, as well as ensures the implementation of the new Law on Occupational Safety and Health, by the end of the year, it is planned to amend the Rulebook on the manner and procedure of risk assessment at the workplace and in the working environment.

Article 10, item 5

Active labour market policy measures are established by the Law on Employment and Unemployment Insurance. Also, this Law stipulates that active labour market policy measures can be created through an Action Plan, depending on the needs of the labour market.

At the proposal of the Ministry of Labour, Employment, Veteran and Social Affairs, the Government adopted the Employment Strategy in the Republic of Serbia 2021-2026^[1], as well as the Action Plan 2021-2023 for the implementation of the Employment Strategy^[2].

The Working Group, which included, among others, representatives of social partners, the Serbian Association of Employers and representative trade unions, actively participated in the development of the mentioned Employment Strategy and Action Plan.

The Action Plan 2021-2023^[3] also contains a description of the active labour market policy measures that will be implemented in the specified period, the categories of hard-to-employ persons (who have priority for inclusion in certain measures), the lead institutions for the implementation of the activities, and the financial framework. Special attention is paid to improving the labour market position of unemployed women, young people, persons with disabilities, beneficiaries of financial social assistance, and members of the Roma national minority, considering the difficulties they face in the process of integration or reintegration into the labour market, multiple factors that make their employability more difficult, as well as significant representation of these categories in the total registered unemployment.

The Action Plan has established measures of additional education and training, i.e. measures by which persons acquire new knowledge, skills and work experience. They are based on an analysis of the needs of the labour market, that is, the needs of employers in terms of the required knowledge and skills necessary to perform specific jobs. The measures are: Professional practice, Traineeship for young people with higher education, Traineeship for the unemployed with secondary education, Acquisition of practical knowledge, Training for the labour market, Training at the request of the employer - for the unemployed, etc.

The National Employment Service announces public calls for the implementation of active labour market policy measures, including the conditions for participation, documentation to be submitted as part of the application, obligations, etc. The employer is required to provide evidence of appropriate personnel capacities, that is, of an employed mentor, a training plan and program according to which the trainee will be trained, or of a professional training program for trainees that is implemented in accordance with the law or rulebook.

Furthermore, the employer must have technical, spatial and other capacities for the implementation of the measure, i.e. the workspace, technical means and equipment in terms of functionality correspond to the requirements of the job and are in accordance with the workplace where the trainees are trained, as well as to ensure that all conditions are in accordance with safety and health regulations.

In the public calls of the National Employment Service, it is clearly stated that the employer is obliged to enable the National Employment Service to monitor the implementation of contractual obligations, as well as to inform the National Employment Service of any changes of importance for the implementation of the contract within 8 days from the date of the change.

At the same time, we inform you that the Government of the RS adopted the Youth Guarantee Implementation Plan 2023-2026^[4]. The Youth Guarantee is a scheme that encourages the activation and employment of young people up to the age of 30, especially those who need more intensive support during the transition period from education to employment. The Youth Guarantee means that young people up to the age of 30, who join this program, will receive a quality job offer, or continued education and training, within four months of entering the unemployment status, or leaving or completing formal education.

Considering the complexity of this scheme, its implementation will begin with piloting in the areas of three branches of the National Employment Service (Kruševac, Sremska Mitrovica, and Niš) in the period from January 2024 to the end of 2026. The results of the piloting and the lessons learned will be the basis for the introduction of the Youth Guarantee in the entire territory of the Republic of Serbia, starting in 2027.

Representatives of social partners and relevant youth organizations also participated in the development of the aforementioned Plan, through the work of the Coordination Body for the development and monitoring of the implementation of the Youth Guarantee Implementation Plan.

In accordance with the Constitution and laws in the field of education, obtaining the first diploma that enables employment (diploma of secondary education) is free of charge.

Additionally, the Republic of Serbia provides education in the status of a part-time student, without paying any costs, to adults who have not obtained a secondary school diploma (they have completed only primary school), and are over 17 years old and cannot be regular students.

Adults who have a secondary school diploma and want to upgrade or retrain can do so in public secondary schools, paying only actual costs. The maximum amounts of these costs are defined by the Ministry of Education and all schools must abide by them.

Schools are given the option to reduce or completely waive the defined amounts in situations where they judge that this is necessary in order to achieve full equality or additional support for socially vulnerable or marginalized groups. Apart from the above, no additional fees or compensations are prescribed.

If the migrants/foreign citizens are from countries that are the origin countries of our national minorities, children can attend:

Preschool education, primary and secondary school in: Albanian, Bulgarian, Bosnian, Croatian, Hungarian, Romanian, Rusyn, Slovak;

Elective subject/program Mother tongue/speech with elements of national culture – 16 languages: Hungarian, Bosnian, Romani, Romanian, Slovak, Bulgarian, Croatian, Rusyn, Bunjevac, Vlach, Macedonian, Ukrainian, Czech, Albanian, Slovenian, and German, with elements of national culture

Higher education - as a whole or as certain study groups: Albanian, Bulgarian, Hungarian, Macedonian, German, Romanian, Slovak, Slovenian, Ukrainian, Czech, Romani.

Article 19, item 11

The Ministry of Education, as in previous years, continues in the 2023/24 school year, with active support for the inclusion of migrant/asylum-seeking and refugee students in the education system. With an affirmative approach, children from vulnerable social groups, which certainly include migrant, refugee and asylum-seeking students, can enrol in primary school even without proof of parents' residence and the necessary documentation, but with the submitted proof of the child's health examination. A total of 250 students from this population graduated in the 2022/23 school year (85% of the number of school-age migrants accommodated in reception centres), of whom 82 are from Ukraine. In support of faster and better inclusion in the education system, the Ministry introduced the elective program, Serbian as a foreign language, and included it in the list of elective programs, which made this type of education available to all students who do not know Serbian at all, or do not know enough Serbian for it to be their language of instruction.

As part of the project "Supporting the learning of refugee and migrant children through formal education in the Republic of Serbia" (Ministry of Education and UNICEF), a school support program aimed at improving the quality of education for children from the refugee and migrant population is being implemented. Study clubs have been developed in 14 schools attended by children on the move, in Belgrade, Novi Sad, Vranje, and Šid. The activities of the study clubs are help in learning, strengthening of digital and language competences - English and Serbian. Children on the move who currently reside in Serbia have the opportunity to study together with their peers from Serbia in the clubs, which enables their better integration into the school community.

During 2022, learning support was provided for 527 students (female: 295, male: 232), of whom 100 (female: 46, male: 54) are refugees, migrants, and foreigners. As part of the project, support was also provided to 274 teachers with the aim of achieving sustainability of the study clubs. In addition to regular activities during the school year, the clubs also organize Summer and Winter school activities during the breaks, which provide an opportunity for children to spend more quality free time learning and developing skills necessary for life. Students have the opportunity to participate in intercultural, ecological workshops, to learn English and Serbian, to socialize at sports events, excursions, and learn about the work of cultural institutions in their cities and towns. This year's Summer School, the third in a row, was held from 21-31 August 2023 with over 200 workshops (intercultural, environmental, language workshops, sports activities, etc.).

Aware of the challenges that employees in the education system face when including refugees, migrants and foreign nationals in teaching, the Ministry of Education actively supports schools where these social groups are educated, through strengthening the capacities of institutions, but also by improving the competences of employees in the system for working with these students. Bearing in mind that the language barrier is pronounced, and that it is legally mandated that the institution shall organize the learning of Serbian as a foreign language for students who do not know the language in which the educational work is carried out, the Ministry has thus far trained more than 600 Serbian and foreign teachers language for the implementation of the new curriculum for Serbian as a foreign language, and the materials, as well as the Teacher's Manual, are available on the websites of the National Education Portal, and the Institute for the Advancement of Education and Upbringing.

In the period from September 2023 to January 2024, a total of 145 children/students from the migrant population in the Republic of Serbia (male: 87, female: 58) were included in the regular education system. Primary education includes 120 students (male: 68, female: 52), while secondary education includes 25 students (male: 19, female: 6). The most represented nationalities are: Ukraine, Kazakhstan, Kyrgyzstan, Syria, Russian Federation, Israel, Iran, Afghanistan, Iraq, and Pakistan.

Article 19, item 12

Law on the Fundamentals of the Education System, in Article 3, prescribes that a foreign citizen, a stateless person, and a person seeking citizenship shall have the right to education and upbringing under the same conditions and in the manner prescribed for citizens of the Republic of Serbia.

For children and students referred to in paragraph 1 of this Article, for exiled and displaced persons, refugees and migrants and children and students who were returned to the country based on a readmission agreement, who do not know the language in which the educational work is carried out or in which certain programs contents of importance for the continuation of education and upbringing are carried out, the institution shall organize the learning of Serbian as a foreign language.

A child of a foreign citizen, while residing in the Republic of Serbia, shall have the right to attend classes of their native language and culture, free of charge, in the premises of the institution designated by the local self-government unit.

Bearing in mind that among the migrant population there is also a certain number of refugee students from Ukraine, and that the Ukrainian language is studied in our system as one of the minority languages through the election program, the Ministry of Education, in cooperation with the National Council of the Ukrainian National Minority, translated a leaflet about the system of education and upbringing in the Republic of Serbia into Ukrainian. Also, part of the educational material is translated into Ukrainian, in addition to Arabic and Farsi. 

Article 27

According to the Labour Law (Official Gazette of the RS, No. 24/05, 61/05, 54/09, 32/13, 75/14, 13/17-CC decision, 113/17 and 95/18-authentic interpretation), direct and indirect discrimination of persons with family obligations is prohibited in relation to: conditions for employment and selection of candidates for the performance of a certain job; working conditions and all rights from the employment relationship; conditions for education, professional training and development; job promotions and termination of employment contracts (Articles 18-23).

According to the Labour Law (Articles 94 and 94a), an employed woman has the right to maternity leave and leave from work for child care for a duration of 365 days for the first and second child, or two years for the third and each subsequent child. An employed woman has the right to start maternity leave based on the findings of the competent health authority, at the earliest, 45 days, and mandatorily, 28 days before the time set for childbirth. The maternity leave lasts until the end of three months from the day of delivery, and after the expiration of the maternity leave, the leave from work to care for the child continues uninterrupted until the end of the period of 365 days, or two years, counting from the day the maternity leave began.

The child's father can use the right to maternity leave in case the mother abandons the child, dies, or is prevented from using that right for other justified reasons (serving a prison sentence, serious illness, etc.). The father of the child has this right even when the mother is not employed. The right to leave from work to take care of the child can be used by the child's father, in agreement with the child's mother, instead of the employed mother.

During maternity leave and leave from work to care for a child, an employed woman or father of a child have the right to wage compensation, in accordance with the Law on Financial Support for Families with Children

According to Article 97 of the Labour Law, an employed foster parent or guardian of a child under the age of five has the right to be absent from work for the sake of caring for the child for eight continuous months from the day the child is placed in a foster or guardian family, and at most until the child reaches the age of five.

If placement in a foster or guardian family occurred before the child was three months old, the foster parent or guardian of the child has the right to be absent from work until the child is 11 months old.

The right to the above-mentioned leaves is also available to an employee who, in accordance with the regulations on adoption, has received a child for adjustment before the establishment of the adoption, and after the establishment of the adoption, one of the adoptive parents, if employed, is entitled to the leaves.

During leave in the aforementioned cases, the employee has the right to wage compensation in accordance with the Law on Financial Support for Families with Children.

According to Article 96 of the Labour Law, one of the employed parents of a child who needs special care due to a severe degree of psychophysical disability, except in the cases provided for under the regulations on health insurance, has the right, after the expiration of the maternity leave and leave from work for the purpose of caring for the child, to be absent from work or to work half-time, at the latest, until the child reaches five years of age.

The right in the sense of paragraph 1 of this Article is exercised based on the opinion of the competent body for assessing the degree of psychophysical disability of the child, in accordance with the law.

During the absence from work, in the sense of paragraph 1 of this Article, the employee has the right to wage compensation, in accordance with the law.

During half-time work, in the sense of paragraph 1 of this Article, the employee has the right to wages in accordance with the law, general act and employment contract, and for the other half of full-time work, to wage compensation in accordance with the law.

The conditions, procedure and method of exercising the right to leave from work for special care of a child are regulated in more detail by the Minister responsible for the social care of children.

Article 99 of the Labour Law stipulates that one of the employed adoptive parents, foster parents, or guardians of the child has the rights specified in Article 96 of this Law, if the child, given the degree of psychophysical disability, needs special care.

According to Article 183, item 2 of the Labour Law, the use of the maternity leave, leave from work for child care, and leave from work for special child care is not considered a justified reason for the termination of the employment contract by the employer in the sense of Article 179 of the Labour Law.

Article 187 of the Labour Law prescribes special protection against termination of the employment contract on any grounds for an employee during pregnancy and maternity leave, leave from work for child care, and leave from work for special child care.

This protection also applies to employees who have established a fixed-term employment relationship, as paragraph 2 of this Article stipulates that for an employee during pregnancy, maternity leave, leave from work for child care, and leave from work for special child care, the term for which the fixed-term employment relationship was established by contract is extended until the expiration of the right to the aforementioned leaves.

In paragraph 3 of the aforementioned Article, it is prescribed that the decision on the termination of the employment contract is null and void if, on the day of the decision on the termination of the employment contract, the employer was aware of the existence of the circumstances referred to in paragraph 1 of this Article, or if the employee, within 30 days from the date of termination employment relationship, informs the employer about the existence of the circumstances referred to in paragraph 1 of this Article and submits a corresponding certificate from an authorized medical doctor or other competent authority.

Article 31

The Constitution of the Republic of Serbia, in Article 18, guarantees human and minority rights, which are guaranteed by the generally accepted rules of the international law, and which also establish the right to housing, as a basic human right; provisions on human rights are interpreted in favour of improving the values of the democratic society, in accordance with the international standards and implementation practice of international institutions, and in Article 69, it establishes the "right to social protection" for citizens and families who need social assistance to meet their basic life needs (which includes housing), while respecting their human dignity.

The starting point for exercising the housing right in the Republic of Serbia is in confirmed acts of the international law, including the interpretations of the Committee for Economic, Social and Cultural Rights:

-          Universal Declaration of Human Rights, Article 25 - accepted by all UN members by virtue of membership;

-          International Covenant on Economic, Social and Cultural Rights, Article 11, confirmed by the Law on Ratification (Official Gazette of the SFRY, No. 7/71);

-          General comment No. 3:  The nature of States parties’ obligations in achieving human rights (E/1991/23);

-          General comment No. 4: the right to adequate housing (E/1992/23);

-          General comment No. 7: the right to adequate housing, forced evictions (E/1998/22).

Elements of the right to housing include:

1. ADEQUATE HOUSING, which includes:

- legal security of housing status;

- availability of services, equipment, and infrastructure for housing;

- affordability;

- suitable living space;

- physical accessibility;

- location suitability;

- appropriate cultural model.

2. NON-DISCRIMINATION;

3. PROTECTION AGAINST/DURING FORCED DISPLACEMENT;

4. PROTECTION AGAINST HOMELESSNESS.

The Law on Housing and Building Maintenance (Official Gazette of the RS, No. 104/2016) regulates:

-          Protection against/during forced evictions of persons who do not own the land on which the building in which they live is located;

-          Different types of housing support;

-          Eligibility criteria for exercising the right to housing support;

-          Defines the appropriate apartment.

Lacking:

-          Reliable and sustainable sources of financing housing policy measures, especially housing support;

-          Incentives for non-profit housing organizations.

Larger financial projects are not implemented on the basis of the Law on Housing and Building Maintenance, but on the basis of the lex specialis:

Law on Refugees (Official Gazette of the RS, No. 18/92, Official Gazette of the FRY, No. 42/02, Official Gazette of the RS, No. 30/10) - housing projects for refugees (former refugees) within the Regional Housing Program for Refugees;

Law on special conditions for the implementation of housing construction projects for members of the security forces (Official Gazette of the RS, No. 41/18, 54/19) - housing projects for the security forces;

Law on the Framework Loan Agreement between the RS and the Development Bank of the Council of Europe (Official Gazette of the RS-International Agreements, No. 8/11) - housing projects for scientists.

In May 2022, the Guidelines on protection against/during forced evictions caused by development activities were drawn up, in accordance with the Law on Housing and Building Maintenance.

The guidelines were published on the special Government website of electronic administration, dedicated to housing regulations:

https://www.stanovanje.gov.rs/doc/propisi/Smernice_raseljavanje_131023.pdf

The Guidelines describe in detail the procedure for the displacement of persons who are subject to legal protection in accordance with this Law.

The guidelines show that there is an appropriate legal framework that is aligned with General Comment No. 7, but that there are significant obstacles to its effective implementation;

The Guidelines noted the following obstacles to the implementation of the Law: incomplete and lengthy transition which causes the weakening of the supervisory and control role of the State; insufficient capacities of local self-governments for the preparation and implementation of local public policies for urban development and housing; the abolition of institutions from the previous system (directorates for construction land) that carried out resettlement procedures within the framework of land preparation for construction; lack of new land management instruments suitable for the conditions of dominant private ownership; long-term slow process of legalization of buildings; lack of up-to-date data on real estate rights, as well as incomplete records of the real estate in public ownership; insufficiently developed digitalization of space management; insufficient quality of input for the creation or amendments of spatial and urban plans; long-term low standard of the population, requiring a certain type of support to solve their housing needs.

STRATEGIC FRAMEWORK FOR HOUSING

The National Strategy for Social Housing, adopted in 2012, ceased to be valid, and the new umbrella strategic document for housing has not been adopted. The National Housing Strategy, as a new strategic framework for housing, is in the proposal stage. The dominant trend, in addition to the implementation of ad-hoc measures based on special laws, is the fragmentation of housing policy only for certain vulnerable groups of the population, which has proven to be ineffective. The National Strategy for resolving the issue of refugees and internally displaced persons 2015-2020. The Strategy for Social Inclusion of Roma in the Republic of Serbia 2016-2025.

IMPLEMENTATION OF NATIONAL HOUSING STRATEGY

The assessment of the implementation in the period 2012-2022:

-          About 41% in relation to the spending of funds planned for social housing (IPA, CEB, RS budget),

-          Twice less (25%) in relation to the number of implemented housing solutions compared to the plan;

-          Negative results from the point of view of the development of instruments for the development of social housing, especially stable financial sources, and of the public housing fund for affordable rent;

-          No progress in the development of instruments against homelessness;

-          The greatest support was received by categories of the population that are creditworthy with a degree of public support.

COMPETENT INSTITUTIONS

-          Ministry of Construction, Transport and Infrastructure;

-          Special organizations (Republic Geodetic Institute, Statistical Office of the Republic of Serbia, Republic Secretariat for Public Policy);

-          Ministry of Finance;

-          Ministry of Labour, Employment, Veteran and Social Affairs;

-          Ministry of Family Care and Demography;

-          Ministry of Rural Welfare;

-          Commissariat for Refugees and Migration;

-          Construction Directorate of Serbia (and the Ministry of Defence, Ministry of Interior and SIA for the construction of apartments for security forces);

-          Local self-government - different organizational units with very limited capacities (Belgrade - 11, Novi Sad - 10, Zrenjanin - 8, other towns - 1 executor each);

-          Local housing agencies (7, of which 3 are licensed).

KEY PROBLEMS AND RECOMMENDATIONS

-          10% of households can buy an apartment on the market without any support;

-          20% of households can rent an apartment on the market without reducing the other expenses to a minimum;

-          30% of households can improve housing conditions without reducing the other expenses to a minimum;

-          20% of households can buy an apartment at cost/non-profit price, without reducing the other living expenses to a minimum;

-          as many as 60% of households can rent an apartment at cost/subsidized prices, with the condition that they reduce or minimize the other expenses;

-          as many as 60% of households can improve housing conditions, with the condition that they reduce the other expenses to a minimum;

-          70% of households can independently ensure the improvement of living conditions;

-          60% of households can rent an apartment at cost/subsidized price;

-          50% of households can rent an apartment at market prices.

RECOMMENDATIONS FOR IMPROVEMENT OF HOUSING RIGHTS IN THE RS

-          Raise the priority of realizing housing rights to a higher level in the national political agenda;

-          Improve the capacities of competent institutions at all levels, especially at the local level;

-          Provide incentives for non-profit housing organizations;

-          Consistent implementation of a single housing strategy;

-          Consistent application of the Law on Housing and Building Maintenance in all housing programs and projects that are implemented with support from the public sector, including donations;

-          Harmonize other relevant system regulations with the provisions of Article 31 of the RESC;

-          Improve the public dialogue on the importance of realizing the right to housing as a basic human right.

Article 6

The Republic of Serbia has accepted Article 6 of the RESC, except in relation to professional members of the Serbian Armed Forces in terms of item 4. It is not planned to extend the application of the aforementioned provision to members of the Serbian Armed Forces.