• 2024-12-05

Nataša Vučković: Social and Labour Rights on the Margins of Integration

Authored article by Nataša Vučković for Novi Magazin

It is a rare occurrence for a conference addressing the general challenges and prospects of EU membership for Western Balkan countries to dedicate specific attention to the labour market, the state of workers’ rights, and the prospects for socio-economic development. These often seem like two parallel lines that seldom, if ever, intersect. The first set of topics typically revolves around geopolitical realities, the EU’s openness to further enlargement, and a general assessment of each country’s progress, with focus on the fundamentals—democracy, the rule of law, human rights, and regional cooperation.

The social dimension of enlargement is almost never addressed. There is a rational explanation for this: the scope of European regulations to be adopted is far greater in the areas of political and economic criteria, while in the social sphere, EU member states have more autonomy, and thus European legislation is limited. However, for us, as potential member states that have been adopting the EU acquis for over two decades—sometimes slowly, sometimes more quickly—the social dimension of the integration process is critically important. It is through this dimension that we see how citizens live, what their prospects are, and how they perceive the benefits of the reforms undertaken so far. Economic indicators of progress do not always reflect the everyday lives of the citizenry, especially in countries with significant disparities and regional inequalities.

This is why I was both surprised and pleased by last week’s conference organised by the BFPE Foundation, which gave equal attention to both political and social issues, successfully bridging the two dimensions. Panellists and I, as the keynote speaker on the topic, were tasked with addressing the question: What is the state of the labour market in the Western Balkans?

Looking at this year’s European Commission progress reports on the WB6 countries in the fields of labour markets, employment, social policy, the protection of vulnerable groups, and gender equality in the workplace, one sees significant similarities and minor differences. This is supported by data regularly collected by the EU on the regional economy, research by the Regional Cooperation Council, and others. This paints a picture of how people truly live—how they find work, earn their incomes, the quality of employment, whether decent work standards are respected, whether education adequately prepares younger generations for the future and the world of work, how labour rights are protected, and the effectiveness of institutions tasked with safeguarding those rights.

All Western Balkan countries face a high percentage of youth not in education or employment. A significant issue across Western Balkan countries is the large percentage of young people who are neither in education nor employment. The mismatch between the skills acquired in secondary schools and universities and the needs of employers results in many young people, as well as older workers, taking jobs unrelated to their qualifications. The gender pay gap is widening—currently measured at 8.8% in Serbia. Many women work part-time to care for children and elderly relatives, due to the lack of social services to support these responsibilities. This limits their economic power, reduces their ability to secure better jobs, and perpetuates family poverty. Gender inequality in employment and the workplace has been inadequately addressed in reforms, and none of the six Western Balkan countries have enacted legislation to reconcile family and professional life. Minorities, particularly the Roma community, have limited access to the labour market. Informal or "undeclared" work is a persistent problem across the region’s economies.

Labour legislation is not fully harmonised with EU standards, including the conventions of the International Labour Organization (ILO). New labour laws are expected in all Western Balkan countries: Montenegro is preparing amendments, and Serbia is likely to begin a Twinning Programme in 2025 to draft a new Labour Law. EU standards for occupational health and safety have been partially adopted in some countries, while others have made no progress. Generally speaking, there has been a longstanding fragmentation of labour legislation, with the Labour Law increasingly becoming an overarching framework, while many issues are addressed by other laws, such as those on internships, seasonal work, and employment agencies. This practice is driven by the so-called labour market flexibilisation, which introduces new forms of work with weaker labour protections. For employers, this fragmentation creates a favourable business environment, yet for employees, it often means reduced labour rights and greater insecurity.

Social dialogue is generally weak and almost non-existent at the local level, with collective agreements becoming increasingly rare. Trade unions have been weakened, maintaining some influence in the public sector but insufficient to impact reforms significantly. Demographic changes and the ageing population, exacerbated by the emigration of the working-age population and seasonal migrations—including both young people and the highly educated—have created a need to ‘import’ foreign workers. Serbia sees approximately 25,000 people emigrate annually, while approximately 50,000 work permits for foreign nationals were issued in the first seven months of 2024. In Albania, more than 21,000 work permits for foreigners were issued by the end of 2023. Currently, there is little negative sentiment towards foreign workers in the region. However, if a law on seasonal work were applied to the construction industry and it led to reduced labour protections for local construction workers, significant public backlash against the presence of foreign workers could potentially emerge.

As in many other areas, trust in institutions that should protect labour rights remains low. These institutions, particularly labour inspectorates, face significant challenges, including a shortage of inspectors, insufficient resources, and inadequate equipment for effective fieldwork. The influence of employers and large investors close to the government is undoubtedly significant. For instance, Serbia’s Labour Law requires inspectors to notify employers before conducting inspections, providing a clear example of how laws can be selectively enforced, leaving employees unprotected. This issue extends to other institutions, from misdemeanour to regular courts, where prolonged labour disputes, often lasting years, undermine access to justice. Ultimately, this brings us back to the political sphere and the fundamentals, as the protection of rights depends on institutions and, ultimately, on the judiciary—its independence and resistance to political and economic pressures. The protection of social rights cannot be separated from other human rights, as human rights form an interdependent and interconnected corpus. For example, forcing workers to attend rallies to show political support is not just a violation of their political freedoms; it also threatens their social rights if they face dismissal, reassignment, or salary reductions as a consequence. Finally, the social dimension of the EU integration process is critical in shaping public support for this process. It strengthens or weakens the beliefs of the population that their lives will improve if reforms continue and EU membership becomes a more tangible prospect.

Author: Nataša Vučković

Source: Novi magazin

Photo: NM / Đurađ Šimić