Commentary on the Impact of the Draft Law on Seasonal and Other Occasional Employment in Specific Business Activities in Serbia on Migrant Workers and the Right to Unionize

The government of Serbia has proposed a draft law on Seasonal and Other Occasional Employment in Specific Business Activities (Draft Law). The Draft Law expands the industries and types of work considered "seasonal work"—an expansion of the use of non-standard forms of employment. The Draft Law also places these non-standard forms of employment outside of the traditional labor system, stripping an unprecedented number of workers from their labor rights, including the right to unionization. Furthermore, the Draft Law relaxes the requirements for recruiting and hiring foreign workers who are considered seasonal workers, a move which comes amidst recent reports of poor working conditions and allegations of forced and trafficked labors of foreign workers in Serbia. The Draft Law is inconsistent with provisions of the Serbian Constitution and with Serbia's international human rights commitments, such as the ILO conventions which Serbia has ratified.

Please read the full review here, and the full review in Serbian here.

Upon the Serbian government's consideration of a Revised Draft Law, the Program published in November 2022 an updated review. Please read the full review here.

The views expressed in the report and the commentary represent the opinions of the authors. They have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the position of the Association or any of its entities. Further, nothing in this report should be considered as legal advice in a specific case.