14 July 2010, ref. no. I-RP-1-13 / 10

NATIONAL EMPLOYMENT SERVICE

11000 Beograd
For Director V.I.

Respected,
We are addressing you in regards to the complaint of the citizen of Novi Sad, in which she emphasizes that she graduated from the Faculty of Mechanical Engineering and that she is a mechanical engineer, and that she was registered at the National Employment Service, Novi Sad branch, as an unemployed person.

In the complaint of the citizen N.S., she emphasizes that she graduated from the Faculty of Mechanical Engineering and that she is a mechanical engineer, and that she was registered at the National Employment Service, Novi Sad branch, as an unemployed person.

The complaint states that the party contacted the National Employment Service, Novi Sad branch office, because she had never been notified about vacancies at employers seeking mechanical engineers, and that she had information that her male colleagues had been notified. On that occasion, she learned that employers could decide whether they wanted to invite a man or woman to an interview, namely that on the form sent to them by the NES they have the opportunity to indicate the gender of the candidate, as one of the criteria for selecting candidates.

Regarding this complaint, the Provincial Ombudsman, as an institution dealing with the protection and promotion of human rights and acting on citizens’ complaints, inspected one of the NES forms (Request for vocational training and employment of young people) and on that occasion it was determined that this form is gender neutral, so it is assumed that employers themselves write down the desired gender of candidate within the section additional requirements for candidate selection.

Starting from the fact that discrimination based on gender begins already in the course of establishing employment, when advertisements of vacancies are posted, by the fact that the gender is stated as one of the conditions for work, or the advertisements does not indicate that persons of both genders can apply for the position, the Provincial Ombudsman and the Commissioner for the Protection of Equality believe that upon the receipt of requests from employers in which a candidate’s gender is designated, the NES is obliged to warn employers of the provisions of the Law on the Prohibition of Discrimination and the Law on Gender Equality which prohibit discrimination on grounds of gender. This obligation arises from Art. 9 of the Law on Employment and Insurance in the Case of Unemployment (“Official Gazette of the Republic of Serbia”, No. 36/2009), which prescribes the duty of the NES to provide information to the employer and the person requesting employment on laws, by-laws, collective agreements and other general acts which are in force, rights, obligations and responsibilities of employers and employees, as well as of their associations, relating to employment and unemployment insurance, as well as advice on the manner and procedure of exercising rights and the fulfillment of obligations, and assistance in completing and submitting the NES Forms and documents. In addition, the NES must not consider gender as a criteria when sending a person from the registry the job vacancy notice, unless the employer has provided justified reasons, in accordance with Art. 15 of the Law on Gender Equality, which prescribes that in the course of advertising jobs and conditions for their performance and selection of persons seeking employment for the purpose of establishing employment or other type of work engagement, it is not allowed to make gender differences, unless there are justified reasons set forth in accordance with the law regulating employment. Equality of the genders and the principle of equal opportunities must be respected when advertising jobs and creating all forms that the NES uses in their work, in order to prevent gender-based discrimination.

The Provincial Ombudsman informed on this complaint the newly created state body – the Commissioner for the Protection of Equality, who is responsible for the implementation of the Law on the Prohibition of Discrimination (Official Gazette of the Republic of Serbia, No. 22/2009) and among other things, recommend to the public authorities and other persons measures to achieve equality (Article 33, para. 9).

Bearing in mind the aforementioned facts, the Provincial Ombudsman and the Commissioner for the Protection of Equality refer the following

RECOMMENDATION

1. When advertising vacancies in the Journal of the National Employment Service “Jobs”, respect the prohibition of discrimination on grounds of gender and expressly state that the jobs are available to men and women, unless the distinction, exclusion or preference to one gender in relation to a certain job is permitted, because the nature of the work is such, or the work is carried out in such conditions that the gender represents a real and decisive condition for the performance of the job, and that the desired goal is justified, in accordance with Art. 22 of the Law on Labor.
2. The programs of the National Employment Service shoule encourage employment of the less employed gender, and in all the activities and contacts with the employers instruct them about the obligation to respect the regulations in the field of non-discrimination and gender equality.
3. National Employment Service is obliged to provide information on how this recommendation will be implemented to the Provincial Ombudsman and the Commissioner for the Protection of Equality.