"The sun burns so much that you faint" - this is how one worker who deals with seasonal work for Initiative A testified. 11. What kind of conditions do seasonal workers work in? What is guaranteed to them by law, and what is missing?
Spring is approaching, and with it the beginning of work on the field. You can already find offers for seasonal jobs such as picking strawberries, working in a greenhouse or on a farm, and the price of work It is, it says, by agreement.
He is working seasonally in Serbia. most workers - about 80.000 - engaged in agriculture, which, due to the seasonal nature of the work, relies to a large extent on the temporary employment of labor, according to the "Seasonal Workers" website, which regulates the tax return of workers.
However, what rights are not realized by these workers?
The initiative for economic and social rights A 11 asked, this autumn, the question: "How is it for people who work during the season in greenhouses?" As part of that, they published several videos where female workers who perform seasonal work testify to the working conditions.
One of them said that they have to work, but there is no air and it is very hot in the brooms. She stated that they have to do other seasonal work outdoors, and there "the sun burns so much that you faint, I couldn't come to myself for half an hour."
Milica Marinković from the Initiative for Economic and Social Rights A 11 tells "Vreme" that these are the most difficult jobs that most people do not want to do because they are paid the least and are performed under very difficult conditions.
The most important thing, he says, is that workers are hired on the basis of the Law on Seasonal Work and conclude an oral employment contract.
"It is very problematic. When you have a verbal contract, it is very difficult to protect your rights and know exactly what you agreed on and what the exact working conditions are," explains the "Vremena" interviewee.
He adds that the fee usually does not include meals or transportation to places that can be very far away.
"Sometimes people travel for two hours in one direction. The work in the field starts very early, around five or six in the morning, and then they get up at three", says Marinković.
Necessary changes
Since 2018, there has been a Law on Seasonal Work. Initiative A 11 advocates for changes to this law in order to ensure the right to dignified work for seasonal workers.
Seasonal jobs are mostly jobs in agriculture, water management and forestry. Those that are considered seasonal and do not fall under the law are construction jobs, most often.
"One gets the impression that the primary feature of this law was that 'employers' simply pay tax on the hire of those workers." Then the "Seasonal Workers" portal was created, where the tax declaration of workers is regulated by this law. From the point of view of the state, it is good", says our interlocutor.
Workers' rights non-existent
However, he adds, when we talk about workers' rights, this law regulates workers' rights in general very poorly.
"All those rights that workers normally have under the labor law, according to this law, those rights almost do not exist or are greatly reduced." For example, paid overtime is not regulated, any leave, maternity leave, sick leave, leave for the sake of a child, etc. Likewise, things related to safety at work are not regulated in the best way. The possibilities of union organization also do not exist because of that, nor the right to strike, nor any other rights", explains Marinković.
He concludes that there were earlier attempts, in 2021, to amend this law, but that attempted amendment did not go in the direction of greater protection of workers' rights, but rather would expand the scope of activities that are still considered seasonal work.
"However, we and several other organizations that deal with the protection of human rights rebelled, raised our voices against such a legal solution." That draft law has not yet been withdrawn, it stands, but it has been standing for several years in the procedure, so we can perhaps expect or hope that it will be withdrawn as such and that it will perhaps move towards greater protection of workers' rights, not only towards a greater coverage of activities."
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