2025-02-19
| Niš

NIŠ: Public Debate “Strike in the Absence of a New Strike Law” - New Legislative Framework A Necessity

Labour Rights and Decent Work in Socio Economic Reforms in Serbia - Black and White

The Foundation Center for Democracy organized a public debate on “Strike in the Absence of a New Strike Law” on February 19, 2025, in Niš as part of the project “Labour Rights and Decent Work in Socio-Economic Reforms in Serbia – Black and White” supported by the Olof Palme International Center.

Participants in the discussion included Aleksandra Nikolić (GG Dr. Milić), Miodrag Stanković (City Councilor, Niš - Moj Grad), Vesna Kovačević (Employers' Union of Serbia), Zorica Miladinović (News Correspondent, Danas), Slavica Petrović (Association of Disenfranchised Workers and Socially Marginalized Citizens), Nataša Vučković (Center for Democracy Foundation), and others. The discussion was moderated by journalist Ivana Stojanović.

Labor Legislation in Serbia is Outdated, Dialogue on Reforms Needed

The Law on Strikes in Serbia was passed nearly three decades ago and no longer aligns with modern labor and social conditions, panelists at the public debate in Niš concluded. They emphasized the urgent need to initiate a serious dialogue on its amendments to protect workers' rights and harmonize legislation with international standards.

Nataša Vučković, Secretary General of the Center for Democracy Foundation, stated that labor legislation issues remain highly relevant, with both the state and social partners waiting for answers for a long time.

“The current situation demands that we consider how to align the reality we live in with the legal framework, which is clearly outdated”, Vučković said.

“We have a Strike Law from 1996, which was adopted under completely different social circumstances, and much has changed since then. We know that this law, along with the Labor Law, will be a requirement for closing Chapter 19 in the EU accession process. We also hope that Cluster 3 will eventually be opened, as these laws are crucial both for the state and all stakeholders. Our position is that these laws affect all citizens, which is why we want as many people as possible to participate in this discussion. Today, we are in Niš, but we will continue this conversation in other cities as well”, she said.

Vučković emphasized that the Strike Law cannot be viewed in isolation from other labor laws, particularly the Labor Law itself.

“For many years, we have been witnessing a continuous fragmentation of labor legislation. We advocate against this fragmentation and support a better Labor Law that will encompass and protect all forms of employment rights”, she concluded.

While acknowledging that investment and economic growth are undoubtedly important, Vučković emphasized that it is equally crucial to ensure that people who live off their labor have the best possible working conditions and that decent work standards are upheld to the greatest extent possible.

She reminded that the Sustainable Development Goals (SDGs) of the UN 2030 Agenda include Goal 8 – Decent Work and Economic Growth, which underscores that decent work standards (fair wages, occupational health and safety, social dialogue, and the right to strike) must go hand in hand with economic growth.

“Economic progress cannot be considered genuine unless it improves people's lives and ensures that all these standards are met”, she stated.

Vučković stressed that the 1996 Law on Strikes no longer aligns with current social and labor conditions.

“For example, the law states that a general strike can only be announced and organized by the highest trade union body in the country. However, who exactly holds that position today? This effectively renders general strikes impossible, distancing us from international labor standards”, she explained.

She further clarified that international strike regulations are not strictly defined, and the International Covenant on Economic, Social, and Cultural Rights states that the right to strike should be exercised in accordance with national legislation.

“However, the International Labour Organization (ILO) monitors compliance with international standards through its Committee on Freedom of Association. The right to strike falls within this framework, and the committee explicitly states that strike freedom must not be restricted to the extent that strike becomes impossible. In other words, restricting the right to strike contrary to international standards is not permissible”, Vučković concluded.

She recalled that in 2018, a draft Law on Strikes was prepared and a public debate was held, but social partners raised serious objections.

“We expect that this situation will push us – as a society, as professional communities, and as all relevant stakeholders, including trade unions, employers, civil society, and the state – to align this law with the real conditions in society and adopt a new Law on Strikes”, emphasized Nataša Vučković.

She highlighted that the Center for Democracy Foundation will continue to focus on this issue in the coming months, both through the work of the National Convention on the EU (NCEU) and its working group, as well as through discussions with as many people as possible across Serbia.

Aleksandra Nikolić from the Dr Dragan Milić Citizens' Group stressed that the Law on Strikes must be aligned with the 2006. Constitution as well as with labor law reforms and other legislation related to strikes.

“The Constitution states that every employee has the right to strike, and that this right can only be restricted by law. However, the current Law on Strikes grants this authority to employers or founders”, Nikolić explained.

She pointed out a key issue regarding strikes in public-interest sectors, where minimum work must be ensured.

“The right to determine this minimum work process is given to the employer, but the employer cannot enact laws that define this minimum. This is the biggest flaw of the current Law on Strikes, which should be addressed by the new law”, she emphasized.

Additionally, Nikolić noted that general strikes are not well-defined in the current law, unlike in international agreements that Serbia has signed.

Vesna Kovačević from the Employers' Union of Serbia reminded that the Union had participated in all debates, seminars, and international meetings related to the Labor Law and the Law on Strikes, as well as in the Working Group for Law Amendments in 2018. However, despite these efforts, the proposed law never reached the parliamentary procedure.

“The expert community is in full agreement that the Law on Strikes must be amended”, she emphasized.

However, Kovačević pointed out a significant challenge: “we cannot simply adopt a model from European Union countries in a precise, clear, and detailed manner”.

One possible solution, in her view, is the strengthening of collective agreements, which would provide broader rights for employees than those defined by law.

“In the absence of clear legislation, it is crucial that trust and mutual respect exist between employers and employees. When that happens, many issues can be resolved effectively”, Kovačević concluded.

City councilor Miodrag Stanković from the “Niš – Moj grad” initiative described it as a “disgrace” that there has been no political will to amend the Law on Strikes since 1996, emphasizing that the existing law is essentially a “law against strikes”.

“It is crucial to initiate a serious dialogue about the Law on Strikes, as it is completely outdated”, Stanković stated.

He pointed out that many factories in Niš are shutting down, and that the current legislation has prevented workers from expressing their dissatisfaction. He also raised concerns about the role and effectiveness of trade unions in protecting workers' rights.

"Do we want to strike with a complete work stoppage? We can't. Do we want to hold a solidarity strike? We can't. Do we want to organize a general strike? We can't” - with these remarks, Stanković illustrated the limitations imposed by the current legal framework.

Slavica Petrović from the Association of Disenfranchised Workers and Marginalized Citizens pointed out that in recent years, strikes have mainly been organized by employees in public enterprises, while there are almost no strikes in direct production sectors because workers fear going public.

“The law itself does not guarantee that workers will take action. It is unfortunate that we are discussing a law, but can those people even use and enforce it”, Petrović questioned.

She emphasized that the key issue is the practical application of the law, recalling numerous cases of workers who have reached out to the Association, expressing their fear of losing their jobs if they were to go on strike.

Zorica Miladinović, news correspondent for the daily newspaper Danas from Niš, drew attention to the fact that one of the key aspects of the ongoing student protests has been work stoppage, through faculty blockades and class suspensions, as well as a one-day general strike.

“What that day demonstrated is that initiating a general strike here is extremely difficult, if not almost impossible. The reasons are multiple - years of apathy, exhaustion dating back to the 1990s, the fact that people are focused on survival rather than broader goals, and the erosion of both the middle class and the working class”, Miladinović explained.

She pointed out that systemic corruption is one of the main reasons behind these challenges.

According to Miladinović, students continuously encountered obstacles, emphasizing: “When you have a Strike Law that essentially prevents you from striking, then something is fundamentally wrong”.

Panelists at the debate “Strike in the Absence of a New Strike Law” in Niš agreed that the current law is outdated and does not reflect the present social and labor conditions. They emphasized the need to align regulations with real-world circumstances and international standards and to adopt a new Strike Law to better protect workers' rights.

The debate was organized as part of the project “Labour Rights and Decent Work in Socio Economic Reforms in Serbia - Black and White”, supported by the Olof Palme International Center.