SR 12 IB SO 01 Promoting Social Dialogue

ANNEX C11

STANDARD TWINNING PROJECT FICHE

1. Basic Information 1.1 Programme: Instrument for Pre-Accession Assistance (IPA) 2012 1.2 Twinning Number: SR 12 IB SO 01 1.3 Title: Promoting social dialogue 1.4 Sector: Social Development 1.5 Beneficiary country: Republic of Serbia

2. Objectives 2.1 Overall Objective(s): To strengthen social dialogue in Republic of Serbia 2.2 Project purpose: To enable social dialogue as an efficient element of programming, formulation and implementation of social and economic reforms 2.3 Contribution to National Development Plan/Cooperation agreement/Association Agreement/Action Plan

Reference to SAA:

With regard to the SAA, the project links to the Title VIII – Cooperation policies, Article 101 (Social cooperation) concerning the need for labour market restructuring (which directly depends on an efficient social dialogue between employers organizations and trade unions) “the adjustment of legislation in Serbia concerning working conditions and equal opportunities between women and men, for people with disabilities and for people belonging to minority groups as well as the improvement of the level of protection of health and safety at work.” . By strengthening social dialogue, actions to ensure health and safety at work and improved working conditions for all employees will also be supported. Link with MIPD 2011- 2013:

Under the main sectors for support in Section 3 of the MIPD 2011-2013, the Social Development sector states, “To align social policies in Serbia with EU standards, supporting the country's efforts to adhere to the targets of Europe 2020 in employment, poverty and social exclusion and, in particular, to the objectives and actions of the Agenda for New Skills and Jobs and of the future European Platform against Poverty and Social Exclusion.” This is reiterated later among the specific objectives for IPA assistance in the area of Social Development. By building the

1 For Twinning light the Project fiche should be detailed as it will form an annex to the Twinning light contract together with the selected Member State proposal.

1 capacity of SECs in the RS to conduct social dialogue effectively, the project links directly to these Flagship Initiatives that refer to the importance of social dialogue as an instrument that can contribute to sustainable and inclusive growth.

Reference to the Needs of the Republic of Serbia for International Assistance 2011-2013:

The project links to Priority 1 of the HRD chapter in the Needs of the Republic of Serbia for International Assistance 2011-2013, and aligns specifically to Measures 1.3, “Bringing the informal economy into the mainstream”, referring to social dialogue as one of the mechanisms to be utilised.

Link with NPI:

The National Programme for Integration of the Republic of Serbia into the European Union (2009) devotes an entire heading (3.19.3.) to social dialogue, emphasising its importance at the local level. This project links to the NPI through the interventions aimed at strengthening local- level social dialogue.

3. Description 3.1 Background and justification: In the Republic of Serbia labour agenda, social dialogue is an important element for achieving socio-economic rights of citizens, as well as a tool for achieving better labour conditions for all employers and workers. Promoting social dialogue entails working with employers’ associations, trade unions, civil society groups, Government and local self-governments to create partnerships for addressing critical work-related issues through collective bargaining, consultation, and other cooperative methods. The goal of such dialogue is to ensure the implementation of ILO’s Declaration on Fundamental Principles and Rights at Work, and relevant EU Directives related to decent working conditions which emphasize non- discrimination and equality, the elimination of forced and child labour, and the protection of freedom of association and collective bargaining as well as renewing labour standards. Creating better labour standards involves promoting productive practices in which workers and enterprises are able to adapt to technological and institutional changes, providing training, and creating equal access to improved jobs. The ultimate goal is to promote social and economic development with higher living standards.

On the institutional level, social dialogue is conducted within Socio and Economic Councils, which are legally defined through the Law on the Socio and Economic Council, from December 2004. The Law on the Social and Economic Council of the Republic of Serbia was adopted as an institutional framework set up for development of tripartite social dialogue that aim to address the following relevant issues: exercise of economic and social freedoms and rights; protection of the role of workers and employers and their living and working conditions; development of the culture of bargaining; encouragement of peaceful resolution of labour disputes; and development of democracy. Furthermore, the Labour Law is the legislative framework upon which trade unions are organised, regulating matters of recognition of trade unions and employers’ associations, competences and scope of collective bargaining.

2 The creation of the National Social and Economic Council of Serbia (SEC), encompassing the three social partners: Government of Serbia, representatives of representative employers’ associations and of representative trade unions, was one of the main steps for an effective process of enshrining social dialogue into policy-making and strategic planning. National SEC has 18 members and 4 working bodies (on collective bargaining, occupational safety and health, legislation and economic issues).

Despite the achievements on the legislative side, in practice, the work of the National SEC has faced challenges. The lack of capacities of the National SEC is one of the key obstacles to the development of a broader culture of social dialogue. The lack of capacities directly impacts both workers, which have less protection in a situation of unclear commitments and no negotiations, as well as employers, which operate in an environment that is not clearly defined by rules negotiated and agreed upon by all sides. Capacities should be enhanced especially in the process of EU integration.

Furthermore, the Law on SEC envisaged establishment of local social and economic councils that regulate their establishment and scope of work by mutual agreement. Unfortunately, as of today, only 17 local SECs have been registered across 167 local governments in Serbia and very few are active. This is reflected in their lack of activity plans for local social and economic development, and in the existing issues related to official registration and representativeness.

In the process of harmonising legislation with international and EU standards and fundamental principles of collective bargaining, particularly with the principle of voluntary organisation of employers’ associations, it is essential now to build the capacity of social partners to take on more proactive roles in the process of social dialogue, both at national and local levels. Social dialogue needs to be enhanced reflecting the important role of social partners in the process of EU integration.

Although trade unions have been the most fervent proponents and advocates of social dialogue, their structure and bargaining position needs to be reinforced. In Serbia there are presently more than 20,000 registered trade unions, but a strengthened trade union capable of bargaining and involvement in social dialogue cannot be developed unless smaller trade unions can gain trust in branch trade unions for responsible and effective representation Individual emerging employers in the private sector also will need to understand how affiliation and association can provide a means to strengthen competitiveness and their respective market position.

In the context of candidate status, Serbia will need to assume the responsibility to establish a Joint Consultative Committee during the process of negotiation as a link to the European Economic and Social Committee in which also CSO representatives will be involved. With a view to advance social inclusion, gender equality and the prevention of discrimination, this will require further capacity building of social partners and SECs at both national and local levels.

Moreover, in their efforts to advance toward further alignment with EU standards, the Ministry of Labour, Employment and Social Policy (MoLESP) and SEC aim to introduce policies that promote a flexible, secure and inclusive labour market, which will require enhanced cooperation

3 among the government and social partners. The project will thus endeavour to enhance collaboration and networking among relevant stakeholders involved in labour market policy development, implementation and regulation, while enabling social dialogue to become an instrument through which the RS will achieve economic growth and promote better working conditions while harmonising more closely with EU and international labour standards.

Promotion of social dialogue in the Republic of Serbia (RS) is one of the basic mechanisms for implementation of reforms needed in society. Development of social dialogue leads to the advancement of better labour standards including the promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal access to enhanced workplaces.

In addition to improving labour standards, social dialogue also serves as a mechanism that can contribute to combating the informal economy and unregistered employment. According to the assessments of Labour Force Survey, approximately 323.000 persons work in informal economy which is based on three problems: unregistered work; registered work but with illegal earnings presented and illegal financial transaction. This project aims to further screen the issue and develop an Action Plan to promote work in the formal economy with fiscal, economic and social measures. The implementation of the Action plan measures through the inter-sectoral work will contribute to the process of combating informal economy and new employment.

In strengthening the capacity of Social and Economic Councils (SECs) to conduct effective social dialogue, the project will contribute to the RS’s ability to move social and economic reforms in closer alignment to the objectives of Europe 2020). By building the institutional capacity of SECs at both national and local levels, the project will aim to empower these bodies to become the main instruments for reaching social consensus and agreement between the Government, trade unions and employers’ associations, assuring that the interests of all three sides are taken into consideration in overall economic and social reforms.

3.2 Linked activities (other international and national initiatives): The project could be seen as continuation of few international initiatives in this field: Project IPA 2011 “Preparation of Serbian Labour Market Institutions for European Employment Strategy”, EU funded project, value of 2 M EUR (TF). Project purpose of improvement of the impact of Serbian employment policy and main results to be achieved as draft of Joint Assessment Paper and Capacity building activities in the field of employment will have positevely impact on promotion of social dialogue.

The initative “Trade Unions and Social Dialogue in Serbia” was supported by Swiss Labour Assistance aiming to generate better observance of labour rights, improve the climate for economic development and reduce unemployment, as well as to enhance the capacity for social dialogue in the RS at national, local and branch levels.

4 During 2009/2010 several capacity building activities were supported by the Spanish Institute for Development Cooperation (ISCOD) with a purpose of strengthening the capacities of trade unions for their participation in social dialogue. The programme was designed and carried out by members of the Spanish SEC. An awareness of the importance of social dialogue was raised among both, the Trade Unions representatives that participated in this project, as well MoLESP staff, which emphasized a need for further continuation with similar types of activities.

ILO Project: “Consolidating the Legal and Institutional Foundations of Social Dialogue in the Countries of Western Balkans and Moldova” (project value: 1.500.000,00 EUR, Beneficiary countries: Albania, Bosnia and Herzegovina, Republic of Macedonia, Moldova, Montenegro, Serbia and Kosovo* under UN1244). The overall objective of the project was to contribute to the enhancement of governance in the Western Balkan countries and Moldova, through the strengthening of social dialogue institutions and the enhancement of the capacity of tripartite actors. The specific objective of the project was to consolidate the institutional and legal foundations of social dialogue and to promote an effective culture of social dialogue. The strategy chosen to achieve these goals was a correct and effective combination of national and sub regional activities linking capacity building, advocacy and technical and legal advice to accompanying measures to be taken by tripartite constituents themselves in the target countries.

“ Building Partnership to Reduce Informal Economy in Serbia” - one year Development cooperation initiative (21 June 2010 - 20 June 2011) funded by the EU (within the project Strengthening Serbia-EU Civil Society Dialogue) whose aim is to contribute to reduce Informal Economy in Serbia according to EU best practices and standards. In accordance with the EU Council resolution on transforming undeclared work into regular employment (2003/C 260/01), International Labour Organization (ILO) Decent Work Agenda, the National Action Plan for Employment of Republic of Serbia 2010 and the draft of the Corporate Social Responsibility Strategy in Serbia, the project purpose was to strengthen institutional protection of workers (with particular attention to tourism, trade and construction sectors) in Krusevac, Loznica and Subotica, transferring Informal Economy into formal through the exchange of know-how and best practices between EU and Civil Society in Serbia.

In order to strengthen the capacity of Trade Unions, think tanks and NGOs to act together for the achievement of Decent Work in the Balkans, Olof Palme International Centar, along with Center for Democracy Foundation and other partners, begins the project "Decent Work Balkan - Putting Equality and Solidarity at the heart of EU integration". Olof Palme and Center for Democracy Foundation, along with other partners from the EU and the region will try to: 1. Develop national and regional networks of Trade Unions and NGOs and reinforce their capacity to work together and in alliances, 2. Strengthen CSOs capacity to (a) develop and implement joint advocacy actions and public campaigns; (b) formulate policy proposals; (c) be recognized as an interlocutor by local, national and regional authorities; (d) monitor the implementation of the European socio-economic acquis 3. Develop and implement advocacy strategies contributing to Decent Work, greater social inclusion for the most vulnerable 4. Raise public awareness about the fundamental rights of the EU 5. Ensure that the voices of the most vulnerable groups in the implementation countries (women, informal economy workers) are heard within governmental bodies and the wider community.

5 The project "Attractive workplace for all" focuses on poor working conditions and Decent Work deficits. The aim is to contribute to better socio economic development in Serbia through improving the working conditions and promoting the Decent Work agenda by mobilizing citizens and CSOs, influencing policy and creating effective interaction with the media. The goal is to make wide support for Decent Work agenda as one of most important conditions for socio- economic development in Serbia through raising public awareness and knowledge on this topic and synergy between citizens and all stakeholders. Central part of the project is "Crno na belo" campaign which will motivate and encourage citizens to fight for their workers' rights and speak up about workers' rights violations. Main concerns are unpaid work, unregistered work, occupational safety and health, discrimination, mobbing.

3.3 Results: 1. Enhanced legislative and policy capacities for effective social dialogue

Indicators related to Result 1:

 Labour Law gap analysis developed;  Situation analysis on flexible forms of employment developed;  Labour Law amendments in line with EU best practices proposed, including provisions on representativeness issues and registration of trade unions and employers’ associations;  Action Plan to promote work in the formal economy including fiscal, economic and social measures developed;  Number of staff who participated in study visit on social partners’ representativeness issues;  Number of recommendations for improvement of implementation/enforcement of the Law on the Social and Economic Council;  Public awareness campaign on promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal access to quality workplaces performed

2. Public administration, national SEC and social partners’ institutional capacities for development and implementation of social dialogue that leads to social and economic reforms enhanced; Indicators related to Result 2:

 Situation analysis on current state of social dialogue in Serbia developed;  Capacity building program for various stakeholders (MoLESP, other relevant Ministries, NSEC, SEC secretariat, social partners and civil sector organizations) developed and implemented;  Number of SEC representatives from representative trade unions and employers’ associations trained in conducting social dialogue at the national level, as well as

6 collective bargaining at branch and company levels, by the end of the execution of the measure;  Number of social partners’ representatives that have completed trainings related to Serbia’s accession to the EU by the end of the execution of the measure;  Total number of civil servants from the Labour Sector, other civil servants and social partners (representative trade unions and union of employers) trained in social dialogue development and harmonisation with EU legislation in the field of social dialogue, including workers’ participation, by the end of the execution of the measure;  At least 20 representatives of the MoLSP and SEC Secretariat and SEC working bodies completed ToT to enable capacity building of SECs to participate in EU-level social dialogue over the longer term;

3. Local-level social dialogue enhanced; Indicators related to Result 3:

 Need assessment document performed;  Capacity building program for local SECs developed and implemented;  Number of staff who participated in workshops and trainings in line with the capacity building program by the end of project implementation;  At least 30 local SECs fully operational and the actors (social partners and local self- governments) actively involved in implementation of local development strategies as well as action plans for the development of social dialogue until the end of the execution of the measure;  A web-based platform for local councils designed and operational;

The achievement of project results would be the product of the joint co-operation of the selected Member state and the Beneficiary country.

3.4 Activities: Activities related to result 1:

 Undertake Labour Law gap analysis in order to provide recommendations and concrete proposals for its amendments in accordance with best EU practices;  Undertake situation analysis of flexible forms of employment in Serbia and develop comprehensive proposal for introduction of legislation and policies promoting flexicurity in Serbia;  Undertake situation analysis of informal economy and informal employment in Serbia and develop and begin implementation of an Action Plan to promote work in the formal economy including fiscal, economic and social measures;  Conduct an analysis on representativeness issues and registration of trade unions and employers’ associations to provide concrete proposals for changes of procedures in line with best EU practices;

7  Conduct a study visit for the national-level SEC and Labour Sector of MoLSP to Member States on social partners’ representativeness issues;  Analyse the work of the national SEC, identify the needs and provide recommendations for improvement of implementation/enforcement of the Law on the Social and Economic Council;  Implement public awareness campaigns on promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal opportunity and access to quality workplaces;

Activities related to Result 2:

 Undertake situation analysis on current state of social dialogue in Serbia;  Based on the analysis, identify concrete institutional needs and design detailed capacity building program for various stakeholders (MoLSP, other relevant Ministries, NSEC, SEC secretariat, social partners);  Support the Labour Department staff concerning their activities on registration and representativeness of trade unions and employers organisations;  Implement the capacity building program for the stakeholders at the national level based on the identified needs;  Conduct ToT for the MoLSP and SEC Secretariat and SEC working bodies to enable capacity building of SECs to participate in EU-level social dialogue over the longer term;  Networking of national SEC with European Economic and Social Committee;  Design and develop trainings for social partners on EU integration activities as well as pre- accession funds and EU community programmes;  Design and deliver trainings on social dialogue to social partners at the national level to boost their capacities to participate in collective bargaining;  Conduct joint workshops with trade unions, employers’ organisations, government actors and CSOs representing vulnerable groups to determine the position and measures for activation of vulnerable groups, including women, persons with disabilities and minority groups, within inclusive social dialogue;  Design and develop trainings for social partners on corporate social responsibility;

Activities in line with Result 3:

 Perform a Needs Assessment of SEC capacities at the local level;  Design detailed capacity building program for SECs at local level based on the needs assessment;  Implement the capacity building program for local level stakeholders;  Raise awareness among representatives of the LSG on the need for establishment of local social and economic councils and the importance of its role in economic and labour market development on local level;

8  In addition to above identified training program specific trainings will be organised for local SECs and their working parties/committees on: o Strategic planning, negotiation skills, human resource management and monitoring for relevant members from 30 local SECs and their working parties /committees; o EU integration process activities as well as pre-accession funds and EU community programmes;  Networking activities among various local councils, local SECs as well as on employment, social inclusion and education, aiming to fulfil the measures of local development strategies/ plans;  Create and put into operation a web-based platform for local councils;

3.5 Means/ Input from the MS Partner Administration:

3.5.1 Profile and tasks of the Project Leader

The project leader will manage the project team of selected member state(s) and coordinate the implementation of activities. He/She will establish and maintain links between experts from member state and beneficiary state. He/She will ensure timely and effective implementation of the project and achievement of results and will be responsible for modifications of the work plan in accordance with identified needs in the life time of the project.

The Project Leader will have the following profile:

1) Qualifications and skills:  University degree in law, economics, management or equivalent  Excellent management skills and leadership ability  Excellent command of English

2) Professional experience:  Senior civil servant with at least 10 years of professional experience in the areas of labour law, social dialogue and industrial relations;  Proven management experience as a team leader/ RTA of at least two EU funded projects, preferably in the area of social dialogue;

3) Specific professional experience:

 At least 5 years experience in the field of strategic development of labour legislation and social dialogue in line with EU standards  Experience in working in/with Social and Economic Councils;

9 3.5.2 Profile and tasks of the RTA Describe the profile of the required RTA (experience, skills etc.) and duration of the RTA secondment (min. 12 months).

RTA secondment: 24 months

The RTA works on a daily basis with the BC staff to implement project, support and coordinate activities in the beneficiary country,

1) Qualifications and skills:  University degree in law, economics, management or equivalent  Excellent management skills and leadership ability  Broad knowledge of the processes of social dialogue development  Excellent command of English  Excellent communications skills

2) Professional experience:  Senior civil servant with at least 7 years of professional experience in the in the areas of labour law, industrial relations and social dialogue;  Proven management experience as a team leader/RTA/key expert of at least one EU funded project, preferably in the area of social dialogue would be an advantage;

3) Specific professional experience:  At least 5 years of professional experience in strengthening the capacity of institutions and social partners for social dialogue implementation, including their role in social dialogue at EU level;  Experience in conduction of social and economic analysis and assessments;  Experience in working in/with Social and Economic Councils;

3.5.3 Profile and tasks of the short-term experts

The twinning partners will decide on the profile, number and involvement of short term experts during the drafting of the project work plan. The STEs will have at least 5 years of relevant professional experience in the field of the following indicative areas:

- Economic and social analysis and research; - Labour law; - Social partners’ representativeness; - Informal economy, flexible work and flexicurity concept; - Collective bargaining and labour relations; - EU laws, regulations and institutional framework related to labour and social dialogue; - Implementation of comprehensive capacity building programs in the field of social dialogue;

10 - Public relations and communication; - Web based platforms and networks . 4. Institutional Framework

Under the Law on Ministries, the competence for social dialogue lies within the Ministry of Labour, Employment and Social Policy.

Labour Department within this Ministry is inter alia responsible for analyzing the situation and propose measures to improve social dialogue and collective bargaining, drafting laws and regulations in the field of peaceful settlement of labour disputes, trade unions, employers associations, social and economic council, keeping records and preparing of decisions on registration of trade unions, employers associations and social and economic councils.

Employment Department within the Ministry is responsible for tackling employment issues through the National Employment Service, a key instrument for implementation of employment policy.

Department for International Cooperation, European Integration and Project Management is performing tasks related to implementation and improvement of international cooperation, planning, preparation, implementation and monitoring of EU funded projects, as well as coordination of harmonization of the national legislation with the EU acquis.

The social and economic councils are in charge of engaging in and developing a social dialogue on the issues of importance for realizing economic and social freedoms and rights, improving the financial, social and economic position of employers and employees and their living and working conditions, developing the negotiation culture, encouraging a peaceful settlement of work-related disputes. There are 19 registered social and economic councils in Serbia: a National SEC, Provincial SEC of Vojvodina and 17 local SECs (in Srbobran, Subotica, Knjazevac, Velika Plana, Sid, Kragujevac, Vrnjacka Banja, Sokobanja, Sremska Mitrovica, Novi Becej, Sremski Karlovci, Nis, Raska, Novi Sad, Beograd, Stara Pazova, Vrbas.

The Social and Economic Council reviews the following issues: influence of economic policy and its implementation measures on the social development and stability, employment, wage and pricing policies, competition and productivity, privatization and other structural adjustment issues; workplace and living environment protection; education and professional training; health care and social protection and security; demographic developments and other issues in accordance with the acts of the Social and Economic Council. The Council also reviews and provides its views on draft laws and other proposed regulations of importance for the economic and social position of employees and employers.

The project will also involve: Ministry of Finance and Economy, Ministry of Health, Ministry of Education, representative trade unions (Trade Union Confederation Nezavisnost, Confederation of Free Trade Unions, Confederation of Autonomous Trade Unions of Serbia), representative employers’ associations (Union of Employers of Serbia), local social and economic councils, local self-governments.

11 The Project Steering Committee (PSC) will be established for the control and supervision of the project activities/outputs. PSC will: provide guidance and decide on all strategic issues related to the project, provide opinions and recommendations upon request by the Project Leader, ensure overall coordination of the project, discuss and approve the main outputs of the project, ensure access to the necessary information. The membership of the PSC will include representatives of key stakeholders: MoLESP, President of SEC (or deputy-assigned by the President), Secretary of the SEC, representative of Standing Conference of Towns and Municipalities, SEIO and EU Delegation. The PSC will meet every three months, and ad hoc as required, and will be chaired by the Project Leader on behalf of the Beneficiary Country.

5. Budget

IPA Community National Promoting social dialogue TOTAL Contribution Co-financing

95% 5% Twinning Contract 1.575.000 EUR € 1.500.000 € 75.000

The co-financing requirement foreseen under IPA will be considered fulfilled according to the provision of the relevant Financing Agreement. Ministry of Labour, Employment and Social Policy will provide the twinning partner with adequate office space for RTA and experts, meeting rooms and equipment necessary for relevant everyday activities and training foreseen in twinning fiche.

6. Implementation Arrangements 6.1 Implementing Agency responsible for tendering, contracting and accounting will be Delegation of the European Union to the Republic of Serbia.

Project Manager: Tsvetana Stoycheva Address: Vladimira Popovica 40, 11070 Belgrade, Tel:+381 3083 200 Fax:+381 3083 201 E-mail: [email protected]

6.2 Main counterpart in the BC, including contact person and contact details. Also include RTA counterpart and the BC Project leader BC Project Leader Project Leader on behalf of the Beneficiary country will be Secretary General and IPA SPO Ministry of Labour, Employment and Social Policy:

12 Mr Janicije Jeremic, Secretary General Address: Nemanjina 22-26, Belgrade Tel/fax: +381 11 3616 599 Email: [email protected]

RTA counterpart Ms Ivana Savicevic, Head of Section for Social Dialogue, Collective Bargaining and Wages, Ministry of Labour, Employment and Social Policy

Address: Nemanjina 22-26, Belgrade Tel/fax: +381 11 362 11 40 Email: ivanav @minrzs.gov.rs

Contact person: Biserka Terzic, Head of Group for Implementation and Monitoring of EU- funded projects

Address: Nemanjina 22-26, Belgrade Tel/fax: +381 11 362 11 20 Email: [email protected]

6.3 Contracts

The project will be implemented through one twinning contract.

7. Implementation Schedule (indicative) 7.1 Launching of the call for proposals: April 2013 7.2 Start of project activities: November 2013 7.3 Project completion: November 2015 7.4 Duration of the execution period (number of months): 24 months + 3 months 8. Sustainability

Social agreement is the basis for the development of a legal and administrative framework which takes into consideration the aspirations and requirements of social partners as well as government and thus it will contribute the sustainability and efficacy of social dialogue over the longer-term. It is evident that such agreements are necessary when determining strategic courses in macroeconomic, infrastructure development, environment and social policy sectors. The impact of social dialogue and collective bargaining will be seen over the longer term by an improved quality of adopted laws and bylaws and their implementation.

Social partners in candidate countries are involved in a variety of activities that are founded upon the development of broad-based social consensus on EU accession. As shown in the example

13 from Croatia, social partners are expected to take an active role in the working groups for the accession negotiations. In addition to their involvement in consultations over the harmonisation of legislation with the acquis and its implementation, social partners have been consulted on the drafting of key strategic documents (this could be an activity in the twinning project). By strengthening the capacity of all stakeholders to effectively conduct social dialogue, this project will enable them to actively participate in the integration-related processes.

9. Crosscutting issues (equal opportunity, environment, etc…)

Equal opportunity

Gender equality is a strong component of the project, foreseen not only through cross-cutting issues, but in deliberate and targeted activities concerning equal opportunities of women and men as well as social inclusion of vulnerable groups. A part of this project relates directly to the inclusion of gender issues and social inclusion issues within collective agreements at national and branch level. At local levels, a representative of civil society, dealing with gender mainstreaming and promotion of gender equality could be a permanent member of the local SECs.

Environment This project is harmonized with the national environmental regulations and standards. It will not have any negative impact on the environment nor jeopardize environment, health and security in the future. The Project will be delivered in the most environmentally friendly way possible, including recycling of paper, etc.

Minorities Several project activities are in line with inclusive social dialogue. Strengthening of institutions through this project should lead, in the long run, to higher standards of living due to the strengthening and better quality of local level development programmes, which should have a positive impact on all beneficiaries, including minorities.

10. Conditionality and sequencing No preconditions need to be satisfied prior to the start of this project.

ANNEXES TO PROJECT FICHE 1. Logical framework matrix in standard format (compulsory) 2. Detailed implementation chart (optional) 3. Contracting and disbursement schedule by quarter for full duration of programme (including disbursement period) (optional)

14 4. Reference to feasibility /pre-feasibility studies. For all investment projects, the executive summary of the economic and financial appraisals, and the environmental impact assessment should be attached (optional) 5. List of relevant Laws and Regulations (optional) 6. Reference to relevant Government Strategic plans and studies (may include Institution Development Plan, Business plans, Sector studies etc) (optional) 7. Brief summary of the Project

15 ANNEX I: Logical framework matrix in standard format LOGFRAME PLANNING MATRIX FOR Project Fiche Programme name and number

Promoting social dialogue Total budget: 1.5.00.000 EUR IPA budget: 1.575.000 EUR Overall objective Objectively verifiable indicators Sources of Verification To strengthen social dialogue in 20% increase of signed collective  SEC Reports Republic of Serbia agreements at the sectoral and  MoLESP reports enterprise level;

Project purpose Objectively verifiable indicators Sources of Verification Assumptions

 SEC Reports  Total number of recommendations of  Continued Government To enable social dialogue as the national SEC and its members,  MoLESP reports commitment to labour market an efficient element of programming, based on national lessons learned as reform and social dialogue. formulation and implementation well as EU standards, adopted in of social and economic reforms  Motivation and availability of new laws and economic and social relevant actors to take part in strategies in Serbia and start to the process implement by the end of the execution of the measure;  20% increase of signed collective agreements at the sectoral and enterprise level;  At least 30 local SECs fully operational and the actors actively involved in the development and implementation of annual plans of activities of the LSEC that include key issues of local economic and social development and promotion of social dialogue until the end of the execution of the measure. Results related to Component 1 Objectively verifiable indicators Sources of Verification Assumptions

16 1. Enhanced legislative and policy  Labour Law gap analysis developed  Gap analysis reports  Readiness of staff to capacities for effective social dialogue  Situation analysis on flexible forms of  Project reports incorporate new practices into employment developed  Study tour report regular work activities  Labour Law amendments in line with EU  Official Gazette of RS  Sufficient administrative best practices proposed, including capacities provisions on representativeness issues and registration of trade unions and employers’ associations  Action Plan to promote work in the formal economy including fiscal, economic and social measures developed  Number of staff who participated in study visit on social partners’ representativeness issues  Number of recommendations for improvement of implementation/enforcement of the Law on the Socio-Economic Council  Public awareness campaign on promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal access to quality workplaces performed

2. Public administration, national SEC  Situation analysis on current state of  Project reports  Motivation of staff and social partners’ institutional social dialogue in Serbia developed  Workshops reports  Readiness of staff to capacities for development and  Capacity building program for various incorporate new practices into implementation of social dialogue that stakeholders (MoLESP, other relevant work leads to social and economic reforms Ministries, NSEC, SEC secretariat, social enhanced; partners and civil sector organizations) developed and implemented;  Number of SEC representatives from representative trade unions and employers’ associations trained in 17 conducting social dialogue at the national level, as well as collective bargaining at branch and company levels, by the end of the execution of the measure  Number of social partners’ representatives that have completed trainings related to Serbia’s accession to the EU by the end of the execution of the measure.  Total number of civil servants from the Labour Sector, other civil servants and social partners (representative trade unions and union of employers) trained in social dialogue development and harmonisation with EU legislation in the field of social dialogue, including workers’ participation, by the end of the execution of the measure  At least 20 representatives of the MoLSP and SEC Secretariat and SEC working bodies completed ToT to enable capacity building of SECs to participate in EU- level social dialogue over the longer term;

3. Local-level social dialogue enhanced;  Need assessment document performed  Project reports  Motivation and availability of  Capacity building program for local SECs  Training reports stakeholder (social partners, developed and implemented other line ministries) to take  Number of staff participated in part in the process workshops and trainings in line with CB program by the end of project implementation  At least 30 local SECs fully operational and the actors (social partners and local self- governments) actively involved in implementation of local development strategies as well as action plans for the development of social dialogue until the end of the execution of the measure.

18  A web-based platform for local councils designed and operational;

Activities Means Costs Assumptions Activities related to result 1: Twinning Contract Motivation of staff to accept new Budget: 1,5 MEUR obligations arising from EU integration a) Undertake Labour Law gap analysis and provide Readiness of staff to incorporate recommendations and new practices into work concrete proposals for its Sufficient administrative capacities amendments in accordance Motivation of representatives of with best EU practices; socil partners to actively support b) Undertake situation analysis and take part in the project of flexible forms of activities; employment in Serbia and develop comprehensive proposal for introduction of policies promoting flexicurity in Serbia; c) Undertake situation analysis of informal economy and informal employment in Serbia and develop and begin implementation of an Action Plan to promote work in the formal economy including fiscal, economic and social measures; d) Conduct an analysis on representativeness issues and registration of trade unions and employers’ associations and provide concrete proposals for changes in line with best 19 EU practices; e) Conduct a study visit for the national-level SEC and Labour Sector of MoLSP to Member States on social partners’ representativeness issues f) Analyse the work of the national SEC, identify the needs and provide recommendations for improvement of implementation/enforcemen t of the Law on the Socio- Economic Council g) Implement public awareness campaigns on promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal access to quality workplaces;

Activities related to result 2:

h) Undertake situation analysis on current state of social dialogue in Serbia; i) Based on the analysis, identify concrete institutional needs and

20 design detailed capacity building program for various stakeholders (MoLSP, other relevant Ministries, NSEC, SEC secretariat, social partners); j) Support the Labour Department staff concerning their activities on registration and representativeness of trade unions and employers organisations k) Implement the capacity building program for the stakeholders at the national level based on the identified needs; l) Conduct ToT for the MoLSP and SEC Secretariat and SEC working bodies to enable capacity building of SECs to participate in EU- level social dialogue over the longer term; m) Networking of national SEC with European Economic and Social Committee n) Design and develop trainings for social partners on EU integration activities as well as pre-accession funds and EU community programmes o) Design and deliver trainings on social dialogue to social partners at the national level to boost their capacities to

21 participate in collective bargaining, p) Conduct joint workshops with trade unions, employers’ organisations, government actors and CSOs representing vulnerable groups to determine the position and measures for activation of vulnerable groups within inclusive social dialogue q) Design and develop trainings for social partners on corporate social responsibility

Activities related to result 3:

 Perform a Needs Assessment of SEC capacities at the local level;  Design detailed capacity building program for SECs at local level based on the needs assessment;  Implement the capacity building program for local level stakeholders;  Raise awareness among representatives of the LSG on the need for establishment of local social and economic councils and the importance of its role in economic and labour market development on local level.  In addition to above identified

22 training program specific trainings will be organised for local SECs and their working parties/committees on: o Strategic planning, negotiation skills, human resource management and monitoring for relevant members from 30 local SECs and their working parties /committees; o EU integration process activities as well as pre- accession funds and EU community programmes;  Networking activities among various local councils, local SECs as well as on employment, social inclusion and education ones, aiming to fulfil the measures of local development strategies/ plans  Create and put into operation a web-based platform for local councils;

23 24 ANNEX 5. List of relevant Laws and Regulations

Laws: Labour Law Law on Peaceful Settlement of Labour Disputes Law on the Socio-Economic Council Law on Occupational Safety and Health Law on Volunteering Law on Prevention of Harassment at Work Strike Law Employment and Unemployment Insurance Law Law on Employment of Persons with Disability Law on Protection of Citizens of FRY Working Abroad

By-Laws:

Rulebook on manner and procedure for registering employment contract for performing activities outside of employer's premises and of house help personnel Rulebook on procedure of peaceful resolution of labour disputes Rulebook on employers' and employees' code of conduct concerning prevention and protection from harassment at work Rulebook on registration of collective agreements Rulebook on content and form of certificate on volunteering Rulebook on content and method of maintaining records and reporting on volunteering Rulebook on trade union registration Rulebook on employers' association registration

Relevant Strategies of the Republic of Serbia:

National Employment Strategy (2011-2020) Occupational Safety and Health Strategy (2009-2012)

Relevant EU Strategies: An Agenda for New Skills and Jobs: A European contribution towards full employment. The policy through which to raise employment rates by 2020. The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion Youth on the Move Initiative: An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union Improving Quality and Productivity at Work: Community strategy 2007-2012 on Health and safety at work. The policy through which to help improve working conditions and reduce the incidence of work-related accidents and illnesses.

25 ANNEX 7: Brief Summary of the Project The overall objective of TF is to strengthen social dialogue in Republic of Serbia Project purpose is to enable social dialogue as an efficient element of programming, formulation and implementation of social and economic reforms. The following results are expected to be achieved: 1. Enhanced legislative and policy capacities for effective social dialogue 2. Public administration, national SEC and social partners’ institutional capacities for development and implementation of social dialogue that leads to social and economic reforms enhanced; 3. Local-level social dialogue enhanced; Furthermore, the activities are the following:  activities related to Result 1:

 Undertake Labour Law gap analysis and provide recommendations and concrete proposals for its amendments in accordance with best EU practices;  Undertake situation analysis of flexible forms of employment in Serbia and develop comprehensive proposal for introduction of policies promoting flexicurity in Serbia;  Undertake situation analysis of informal economy and informal employment in Serbia and develop and begin implementation of an Action Plan to promote work in the formal economy including fiscal, economic and social measures;  Conduct an analysis on representativeness issues and registration of trade unions and employers’ associations and provide concrete proposals for changes in line with best EU practices;  Conduct a study visit for the national-level SEC and Labour Sector of MoLSP to Member States on social partners’ representativeness issues;  Analyse the work of the national SEC, identify the needs and provide recommendations for improvement of implementation/enforcement of the Law on the Socio-Economic Council;  Implement public awareness campaigns on promotion of industrial relations, employment flexibility and work performance, innovations at the workplace, participation and involvement of workers and partnership in the creation of better working conditions and equal access to quality workplaces;

 activities related to Result 2:

 Undertake situation analysis on current state of social dialogue in Serbia;  Based on the analysis, identify concrete institutional needs and design detailed capacity building program for various stakeholders (MoLSP, other relevant Ministries, NSEC, SEC secretariat, social partners);  Support the Labour Department staff concerning their activities on registration and representativeness of trade unions and employers organisations;  Implement the capacity building program for the stakeholders at the national level based on the identified needs;  Conduct ToT for the MoLSP and SEC Secretariat and SEC working bodies to enable capacity building of SECs to participate in EU-level social dialogue over the longer term;  Networking of national SEC with European Economic and Social Committee;

26  Design and develop trainings for social partners on EU integration activities as well as pre- accession funds and EU community programmes;  Design and deliver trainings on social dialogue to social partners at the national level to boost their capacities to participate in collective bargaining;  Conduct joint workshops with trade unions, employers’ organisations, government actors and CSOs representing vulnerable groups to determine the position and measures for activation of vulnerable groups within inclusive social dialogue;  Design and develop trainings for social partners on corporate social responsibility;  activities in line with Result 3:

 Perform a Needs Assessment of SEC capacities at the local level;  Design detailed capacity building program for SECs at local level based on the needs assessment;  Implement the capacity building program for local level stakeholders;  Raise awareness among representatives of the LSG on the need for establishment of local social and economic councils and the importance of its role in economic and labour market development on local level;  In addition to above identified training program specific trainings will be organised for local SECs and their working parties/committees on: o Strategic planning, negotiation skills, human resource management and monitoring for relevant members from 30 local SECs and their working parties /committees; o EU integration process activities as well as pre-accession funds and EU community programmes;  Networking activities among various local councils, local SECs as well as on employment, social inclusion and education, aiming to fulfil the measures of local development strategies/ plans; Create and put into operation a web-based platform for local councils;