THE LABOUR LAW("Off. Herald of RS", Nos. 24/2005, 61/2005, 54/2009 and 32/2013) |
Article 1
Rights, duties and responsibilities arising from employment, and/or on the ground of work, shall be regulated by the present Law and by a particular law, in conformity with the ratified international conventions.
Rights, duties and responsibilities arising from employment shall be regulated by a collective agreement, too, and by an employment contract, and by the labour rule book and/or employment contract - only where so specified by the present Law.
Article 2
The provisions of the present Law shall apply to all employees who work in the territory of the Republic of Serbia with a national or foreign legal entity and/or a natural person (hereinafter: employer), as well as to employees assigned to work abroad by an employer, unless otherwise specified by the law.
The provisions of the present Law shall apply also to the employees in the government agencies, territorial autonomy and local self-government agencies and public services, unless otherwise specified by the law.
The provisions of the present Law shall apply to the employed foreign nationals and stateless persons working with an employer in the territory of the Republic of Serbia, unless otherwise specified by the law.
Article 3
Rights, duties and responsibilities arising from employment, and mutual relations of participants in the collective agreement with an employer, shall be regulated by a collective agreement in conformity with the law.
Rights, duties and responsibilities arising from employment shall be regulated by the labour rule book and/or employment contract, in conformity with the law:
1) if a trade union is not established at an employer, or no trade union meets the requirements of representation, or an agreement of association in conformity with the present Law is not concluded;
2) if no participant to a collective agreement initiates the bargaining for entering into a collective agreement;
3) if participants to a collective agreement fail to consent to enter into collective agreement within 60 days from the day of commencement of the bargaining;
4) if, within 15 days from communicating the call for commencing the bargaining to enter into collective agreement, a trade union fails to accept the initiative of the employer.
In the event specified in paragraph 2, item 3/ of the present Article, the participants to a collective agreement shall be bound to continue to bargain in good temper.
The labour rule book shall be passed by the managing board, and in case of an employer where the managing board is not established - by the director, and/or person managing the business in the legal entity, in conformity with the law (hereinafter: the director). In the event of an employer having no legal entity status, the labour rule book shall be passed by the employer or the person authorised by him (hereinafter: entrepreneur).
The labour rule book shall cease to be valid on the day of entering into force of the collective agreement referred to in paragraph 1 of the present Article.
Article 4
A general and a special collective agreement must be in accordance with the law.
The collective agreement with an employer, the labour rule book, and the employment contract must be in accordance with the law, and in case of the employer referred to in articles 256 and 257 - with the general and the special collective agreement as well.
2. Meaning of Particular Concepts
Article 5
In terms of the present Law, an employee is understood to be a natural person employed with an employer.
In terms of the present Law, an employer is understood to be a national, and/or foreign legal entity or a natural person who employs and/or engages for work one or more persons.
Article 6
In terms of the present Law, a trade union is understood to be an autonomous, democratic and independent organisation of employees, they associate into on a voluntary basis, for the purpose of acting on behalf, representing, advancing and protecting their professional, labour, economic, social, cultural and other individual and collective interests.
Article 7
In terms of the present Law, an association of employers is understood to be an autonomous, democratic and independent organisation, the employers join in, on a voluntary basis, for the purpose of representation, advancing and protection of their business interests, in conformity with the law.
3. Mutual Relations between Law, Collective Agreement, Labour Rule Book, and Employment Contract
Article 8
A collective agreement and a labour rule book (hereinafter: general act) and an employment contract shall not include provisions by means of which an employee would be granted less rights or extended less favourable conditions of work than the rights and conditions established by the law.
A general act and an employment contract may stipulate extended rights and more favourable conditions of labour than the rights and conditions established by the law, as well as other rights not established by law, unless otherwise specified by the law.
Article 9
Should a general act and its particular provisions specify less favourable conditions of labour than the ones established by law, the provisions of the law shall apply.
Null and void shall be particular provisions of an employment contract which stipulate less favourable conditions of labour than the ones established by law and general act, and/or are based on incorrect information, communicated by the employer, regarding the particular rights, duties and responsibilities of the employee.
Article 10
It shall not be possible to stipulate by a special collective agreement less rights and less favourable conditions of labour, than the rights and conditions established by a general collective agreement that commit the employers who are members of the association of employers concluding such special collective agreement.
It shall not be possible to stipulate by a collective agreement with an employer less rights and less favourable conditions of labour for an employee, than the rights and conditions specified by a general, and/or single collective agreement that commits such employer.
Article 11
The nullity of provisions of an employment contract shall be determined before a competent court.
The right to request the establishment of the fact of nullity shall not expire.
1) Rights of Employees
Article 12
An employee shall have the right to corresponding earnings, safety and protection of life and health at work, health-care protection, personal integrity protection, and other rights in the event of illness, reduction or loss of work ability and old age, including financial benefits in course of temporary unemployment, as well as the right to other forms of protection, in conformity with the law and the general act.
An employed woman shall be entitled to special protection in course of pregnancy and childbirth.
An employee shall be entitled to special protection for the purpose of tending for the child, in conformity with the present Law.
An employee under 18 years of age and an employed disabled person shall be entitled to special protection.
Article 13
An employee shall be entitled, directly and/or through his representatives, to associate, participate in bargaining for entering into collective agreements, peaceful settling of collective and individual labour disputes, consulting, information and expression of his standpoints regarding essential issues in the sphere of labour.
An employee and/or a representative of employees may not be called to account because of the activities referred to in paragraph 1 of the present Article, or be placed in a more disadvantageous position regarding the conditions of labour, if he proceeds in conformity with the law and the collective agreement.
Article 14
It shall be possible to stipulate by an employment contract or an employer's decision the participation of the employed in the profit effected in the business year, in conformity with the law and the general act.
2) Duties of Employees
Article 15
An employee shall be obliged:
1) to perform in good faith and responsibly the jobs he is engaged in;
2) to respect the organisation of work and business at the employer, as well as the conditions of carrying out contractual and other duties in the sphere of employment relation;
3) to notify the employer on essential circumstances that influence or could influence the performance of jobs stipulated in the employment contract;
4) to notify the employer on every kind of possible danger to life and health, and on the occurrence of property damage.
3) Duties of Employer
Article 16
An employer shall be obliged:
1) to pay earnings to an employee for the work performed, in conformity with the law, the general act, and the employment contract;
2) to provide to an employee the conditions of labour, and to organise work to achieve safety and protection of life and health at work, in conformity with the law and other regulations,
3) to notify an employee on the conditions of labour, organisation of work, the regulations referred to in Article 15, item 2/ of the present Law, and on duties deriving from the labour regulations and regulations covering safety and protection of life and health at work;
4) to ensure to an employee the performance of jobs as stipulated in the employment contract;
5) to request opinion of a trade union in cases provided for by the law, and in the event of an employer without the established trade union - of a representative designated by the employees.
4) Duties of Employer and of Employee
Article 17
The employer and the employee shall be bound to observe rights and duties specified by law, general act and employment contract.
Article 18
Direct and indirect discrimination of persons seeking employment, as well as the employees, for reasons of sex, birth, language, race, colour of the skin, age, pregnancy, health condition, and/or disablement, ethnic origin, religion, marital status, family obligations, sexual orientation, political or other belief, social background, financial status, membership in political organisations, trade unions, or any other personal characteristic - shall be prohibited.
Article 19
In terms of the present Law, direct discrimination shall be understood to mean any conduct caused by some of the grounds specified in Article 18 of the present Law by which a person seeking employment, as well as an employed person, is placed in a more disadvantageous position comparing to other persons in the same or similar situation.
In terms of the present Law, indirect discrimination shall exist where a specific, apparently obvious provision, criterion or practice places or would place in a more disadvantageous position, comparing to other persons - a person seeking employment, as well as an employed person, because of a specific characteristic, status, orientation or belief referred to in Article 18 of the present Law.
Article 20
Discrimination specified in Article 18 of the present Law shall be prohibited regarding:
1) employment conditions and choice of candidates for performing a specific job;
2) conditions of labour and all the rights deriving from employment relation;
3) education, vocational training and specialization;
4) job promotion;
5) cancelling an employment contract.
The provisions of an employment contract providing discrimination on the ground of any reasons specified in Article 18 of the present Law shall be null and void.
Article 21
Harassment and sexual harassment shall be prohibited.
In terms of the present Law, harassment shall be understood to mean any unbecoming conduct on the basis of any reason specified in Article 18 of the present Law, aiming at or amounting to the violation of dignity of person seeking employment, as well as of an employed person, and which causes fear or creates a hostile, degrading or offensive environment.
In terms of the present Law, sexual harassment shall be understood to mean any verbal, non-verbal or physical behaviour aiming at or amounting to the violation of dignity of person seeking employment, as well as an employed person, in the sphere of sexual life, and which causes fear or creates a hostile, degrading or offensive environment.
Article 22
Distinguishing, exclusion or extending priority regarding a specific job shall not be considered as discrimination, where the nature of a job is such, or where a job is performed in such conditions, that the characteristics relating to some of the grounds specified in Article 18 of the present Law do amount to the real and decisive condition for performing the job, and where the purpose intended to be achieved through the above is justified.
Provisions of the law, general act and an employment contract relating to special protection and assistance to specific categories of employees, and particularly those who, relating to the protection of disabled persons, women in the course of maternity leave and leave for tending the child, special care for the child, as well as the provisions relating to special rights of parents, adoptive parents, guardians and foster parents - shall not be considered discrimination.
Article 23
In the events of discrimination in terms of the provisions of articles 18 through 21 of the present Law, a person seeking employment, as well as an employed person, may institute proceedings before a competent court for the compensation of damage, in conformity with law.
II ESTABLISHING EMPLOYMENT RELATION
1. Conditions for Establishing Employment Relation
Article 24
An employment relation may be established with a person who is at least 15 years old and satisfies other requirements to work at specific jobs as specified by law and/or the set of rules on organisation and job systematization (hereinafter: rule book).
The rule book shall regulate the organisational parts at the employer, the kind of jobs, the kind and level of professional qualification, and other particular conditions for performing these jobs.
The rule book shall be passed by a director and/or entrepreneur.
The duty of passing the rule book shall not refer to an employer employing five or less employees.
Article 25
An employment relation may be established with a person under 18 years of age by the consent in writing of a parent, adopting parent or a guardian, provided that such work does not put at risk his health, moral and education, and/or provided that such work is not prohibited by law.
A person under 18 years of age may establish employment relation only on the ground of the finding of a competent agency determining that he is capable to perform jobs the employment is established for, and that such jobs are not detrimental to his health.
Costs of medical examination of persons referred to in paragraph 2 of the present Article, filed in the unemployment records kept by the republic organisation in charge of employment, shall be covered by such organisation.
Article 26
At establishing employment relation, a candidate shall be bound to furnish the employer with documents and other evidence as to meeting the requirements for working at jobs the employment is to be established for, as specified by the rule book.
An employer may not request from the candidate an information relating to family and/or marital status and family planning, and/or to be furnished with documents and other evidence having no direct import on the performance of jobs the employment relation is established for.
An employer may not make the establishment of employment relation dependent on the pregnancy test, unless the relevant jobs involve considerable risk for the health of the woman and child, as determined by a competent health-care agency.
An employer may not make the establishment of employment relation dependent on a previous statement regarding the cancellation of employment contract by the candidate.
Article 27
An employer shall be bound, prior to the conclusion of employment contract, to inform the candidate about the job, the conditions of labour, rights and duties relating to employment, and about the rules specified in Article 15, item 2/ of the present Law.
Article 28
Disabled persons shall establish employment relation under the conditions and in the manner specified by the present Law, unless otherwise specified by a special law.
Article 29
A foreign national or a stateless person may establish employment relation under the conditions specified by the present Law and a special law.
Article 30
The employment relation shall be established by an employment contract.
An employment contract shall be concluded between an employee and an employer.
An employment contract shall be considered concluded after being signed by the employee and the director, and/or entrepreneur.
An employment contract may be signed also by an employee, authorised by the director, and/or entrepreneur, in conformity with Article 192 of the present Law.
Article 31
An employment contract may be concluded either for a definite or indefinite period of time.
An employment contract where the period of time of its validity is not determined, shall be considered a contract for an indefinite period of time.
Article 32
An employment contract shall be concluded in writing, prior to employee's taking the job.
Should an employer fail to conclude the employment contract with an employee in conformity with paragraph 1 of the present Article, it shall be considered that the employee has established the employment relation for an indefinite period of time, as of the day of taking the job.
Article 33
An employment contract shall include:
1) employer's name and head office;
2) first and last name of the employee, residence and/or address of the employee;
3) kind and level of professional qualification of the employee;
4) kind and description of jobs to be performed by the employee;
5) place of work;
6) manner of establishing employment relation (for a definite or an indefinite period of time);
7) duration of the employment contract concluded for a definite period of time;
8) day of commencement of work;
9) working hours (full-time, part-time or reduced time);
10) pecuniary amount of basic earnings and elements for establishment of working performance, wage compensation, increased earnings and other income of the employee;
11) time limits for the payment of earnings and other income the employee is entitled to;
12) referring to a collective agreement, and/or current labour rule book;
13) duration of daily and weekly working hours.
It shall be possible to stipulate by an employment contract other rights and obligations as well.
Rights and obligations not determined by the employment contract shall be subject to appropriate provisions of the law and the general act.
Article 34
An employee shall realise the rights and duties deriving from employment relation as of the day of beginning of work.
Should an employee fail to begin working on the day specified by the employment contract, it shall be considered that he has not established the employment relation, unless he was prevented from beginning to work due to justifiable reasons, or unless the employer and the employee agree otherwise.
Article 35
An employer shall be bound to hand over to the employee a photocopy of the compulsory social insurance application form within 15 days, at the latest, from the day of employee's beginning of work.
Article 36
A probation work may be stipulated in the employment contract.
The probation work may be extended for a maximum of six months.
In the course of probation work, the employer and the employee may cancel the employment contract with a notice period that may not be shorter than five work-days.
An employee failing in the course of probation work to present corresponding work and professional abilities, shall have his employment relation terminated as of the day of expiry of the time limit stipulated in the employment contract.
5. Employment Relation for a Definite Period of Time
Article 37
An employment relation may be established for a period whose duration is determined in advance, in the event of: seasonal jobs, work on a specific project,increase of volume of work for a definite period of time and the like, for the duration of these needs, provided the employment relation so established, without interruption or with interruptions, may not exceed 12 months.
The interruption of work of less than 30 days shall not be considered as the interruption specified in paragraph 1 of the present Article.
An employment relation for a definite period of time for the purpose of replacing a temporarily absent employee, may be established for the period running til the temporarily absent employee return.
An employment established for a definite period of time shall become employment for an indefinite period of time, should the employee continue to work for at least five workdays upon the expiry of the time limit the employment relation is established for.
6. Employment Relation for Performing Higher-Risk Jobs
Article 38
An employment contract may be concluded for jobs where special conditions of labour are prescribed, only should the employee meet the conditions of work at such jobs.
An employee may work on the jobs specified in paragraph 1 of the present Article only on the ground of a previously established health ability to work at such jobs, by a competent health-care agency.
Article 39
Employment relation may also be established as a part-time employment for either indefinite or definite period of time.
Article 40
An employee working part-time shall have all the rights deriving from employment relation, proportionally to the time period spent at work, unless otherwise specified by the law, general act and the employment contract.
Article 41
An employee working part-time with one employer may for the rest of his work-hours establish employment relation with another employer, and in this way effect a full-time employment.
8. Employment Relation for Performing Jobs outside Employer's Premises
Article 42
An employment relation may be established for performing jobs outside employer's premises, and/or at home.
An employment contract, concluded in terms of paragraph 1 of the present Article, in addition to the provisions referred to in Article 33 of the present Law, shall also include:
1) working hours in accordance with work standards;
2) kind of jobs and the way of work organisation;
3) conditions of work and the way of supervision over the work of employee;
4) amount of earnings for the work performed and the pay-day schedule;
5) utilization and employ of employee's means of work and the compensation of their utilization;
6) reimbursement of other expenses of work and the way of their determination;
7) other rights and obligations.
Article 43
The work outside employer's premises, and/or at home, the employee may perform alone or with members of his immediate family, on behalf and for the account of the employer.
Considered as members of immediate family of an employee, in terms of paragraph 1 of the present Article, shall be a spouse, parents, brothers and sisters of the employee or his spouse.
Article 44
An employer may contract jobs outside his premises that are not dangerous or hazardous to the health of the employee and other persons, and do not put in danger the environment.
Article 45
An employment relation may be established for the performance of work relating to household help.
It shall be possible to stipulate in the employment contract, specified in paragraph 1 of the present Article, the payment of part of the earnings also in kind.
The payment of part of the earnings in kind shall be understood to mean providing accommodation and food, and/or providing either only accommodation or food.
The value of the part of earnings in kind must be indicated in money.
The lowest percentage of earnings that shall obligatorily be calculated and paid out in money, shall be determined in the employment contract, and may not be lower than 50% of employee's earnings.
Where earnings are stipulated partially in money and partially in kind, in course of the absence from work with compensation of earnings, the employer shall pay to the employee the compensation of earnings in money.
Article 46
The contract specified in articles 42 and 45 of the present Law shall be registered with the competent local self-government agency.
The manner and procedure of registration of the contract of employment for performing jobs outside employer's premises, and work relating to household help shall be prescribed by the minister in charge of labour (hereinafter: minister).
Article 47
An employer may establish the employment relation with a person entering employment for the first time, in the capacity of a trainee in the profession in which such person has acquired specific type and level of professional education, where so specified as a requirement for working on specific positions in the law or a rule book.
The provision specified in paragraph 1 of the present Article shall refer also to a person who has worked for a time period shorter than the one determined as traineeship within the degree of professional qualification that is a requirement for working on these positions.
The traineeship shall not exceed one year, unless otherwise specified by the law.
In course of traineeship, a trainee shall be entitled to earnings and all other rights pursuant to employment relation, in conformity with the law, general act and the employment contract.
III CONTRACT ON RIGHTS AND DUTIES OF DIRECTOR
Article 48
A director may establish labour relation either for an indefinite or definite period of time.
The employment relation shall be established by employment contract.
The employment relation for a definite period of time shall last until the expiry of the period of engaging the director, and/or until his release of duty.
Mutual rights, obligations and responsibilities of a director who has not established labour relation, and the employer, shall be regulated by contract.
A person performing tasks referred to in paragraph 4 of the present Article shall have the rights to remuneration for work having the character of earnings, and other rights, obligations and responsibilities in conformity with the contract.
The contract with a director, specified in paragraphs 2 and 4 of the present Article, shall be concluded on behalf of the employer by the managing board, and with an employer where managing board is not established - by a body specified in the act of the employer.
IV EDUCATION, VOCATIONAL TRAINING AND SPECIALIZATION
Article 49
An employer shall be bound to make possible to an employee education, vocational training and specialization, where so required by the needs of the work process and by the introduction of new way and organisation of labour.
An employee shall be bound, in the course of work, to educate himself and make himself professionally trained and advanced for work.
Expenses of education, vocational training and specialization shall be provided from employer's funds and other sources, in conformity with the law and the general act.
An employee who happens to discontinue the education, vocational training and specialization, shall be bound to refund expenses to the employer, unless his reasons have been warranted.
Article 50
Full-time employment shall amount to 40 hours a week, unless otherwise specified by the present Law.
It shall be possible to determine in a general act that the working hours amount to less than 40 hours a week, but not less than 36 hours a week.
The employee referred to in paragraph 2 of the present Article shall exercise all the rights pursuant to employment relation as in the case of full-time employment.
Article 51
Part-time employment in terms of the present Law shall be understood to mean working hours shorter than full-time working hours.
Article 52
To an employee working at jobs that are particularly difficult, exhausting and hazardous to health, as specified by the law and a general act, where in spite of applying appropriate safety measures at the work place, including means and equipment for individual protection, there exists an increased harmful impact on employee's health - the working hours shall be reduced in proportion to the harmful impact of the conditions of labour on the health and work ability of the employee - and not exceeding 10 hours a week (higher-risk jobs).
The reduced hours of work shall be determined in conformity with the law, on the ground of a professional analysis.
An employee working reduced hours shall have all the rights otherwise provided for the full-time employment.
Article 53
At employer's request, an employee shall be obliged to work beyond the full time in the event of force majeur, a sudden increase of volume of work and in other cases, where it becomes indispensable to complete an unplanned work within a specific deadline (hereinafter: overtime work).
The overtime work shall not exceed eight hours a week, or four hours a week per employee.
Article 54
Duty hours in health service institutions, as overtime work, shall be regulated by a special law.
Article 55
A working week shall amount to five workdays.
The work time-table within a working week shall be determined by the employer.
As a rule, a workday shall last eight hours.
Article 56
An employer where the work is performed in shifts, by night, or where the nature and organisation of work so require - may organise the working week and the work time-table in another way.
An employer shall be bound to notify an employee about the schedule and change in the work time-table at least seven days prior to the change of the work time-table.
6. Rescheduling of Work Time-Table
Article 57
An employer may reschedule the working hours where so required by the nature of the activity, organisation of work, better utilization of means of work, more rationalised use of working hours, and the execution of a specific job within the set time limits.
The rescheduling of working hours shall be done in the manner ensuring that total working hours of an employee in course of a calendar year does not exceed the average full-time working hours.
In the event of rescheduling of working hours, the hours of work in a week shall not exceed 60 hours.
Article 58
The rescheduling of working hours shall not be considered as overtime work.
Article 59
An employee working in terms of Article 57 of the present Law, may have his daily and weekly rest breaks used in a different way and for a different period, with the proviso that both the daily and the weekly rest breaks be provided to him in the scope determined by law and within a time limit not exceeding 30 days.
In the cases referred to in paragraph 1 of the present Article, the employee shall be entitled to a rest break between two workdays of at least 10 hours without interruption.
Article 60
Rescheduling of working hours may not be done for jobs where reduced working hours are introduced, in concordance with Article 52 of the present Law.
Article 61
An employee whose employment is terminated before the rescheduled time period has expired, shall be entitled to the overtime work recalculated as full working hours and acknowledged as pension years of service, or calculated as hours of overtime work.
7. Night-Time Work and Work in Shifts
Article 62
Work performed between the hour 22:00 through 06:00 of the following day shall be considered a night-time work.
An employer shall be bound to provide an employee, working nights for at least three hours every workday, or one third of the full-time working hours in course of one working week, the performance of jobs in course of the day, should such work, according to the opinion of a competent health-service agency, would cause deterioration of his health condition.
Before introducing a night-time work, an employer shall be bound to request an opinion of the trade union, regarding the measures of safety and protection of life and health of employees who work at night.
Article 63
Should the work be organised in shifts, the employer shall be bound to provide alternation of shifts, so that the employee does not work nights consecutively more than one working week.
An employee may work nights for more than one working week only after his consent in writing.
1. Rest Period in Course of Daily Work
Article 64
An employee working full time shall be entitled to a rest period in course of a working day of a minimum 30 minutes.
An employee working longer than four and less than six hours a day shall be entitled to a minimum 15 minutes daily rest period in course of work.
An employee working more than full-time working hours, and a minimum of 10 hours a day, shall be entitled to a rest period in course of work of a minimum 45 minutes.
The rest period in course of daily work may not be used either at the beginning or at the end of the working hours.
The rest period time specified in paragraphs 1 through 3 of the present Article shall be counted into the working hours.
Article 65
The rest period in course of working day shall be organised so as to ensure that the work be not interrupted, if the nature of job is incompatible with the interruption of work, as well as if the work involves the continuous contact with clients.
The decision on scheduling the use of rest periods in course of daily work shall be rendered by the employer.
Article 66
An employee shall be entitled to a daily rest of a minimum of twelve straight hours between two consecutive working days, unless otherwise prescribed by the present Law.
Article 67
An employee shall be entitled to a weekly rest for a minimum of 24 straight hours.
As a rule, the weekly rest shall be used on Sunday.
An employer may determine another day for a weekly rest, should the nature of job and the organisation of work so require.
Should it be indispensable that an employee works on the day of his weekly rest, the employer shall be bound to provide him a rest of a minimum 24 straight hours in course of the subsequent week.
1) Acquiring the Right to Annual Leave
Article 68
An employee shall be entitled to annual leave in accordance with the present Law.
An employee who is employed for the first time, or who has interrupted the employment relation for more than 30 workdays, shall acquire the right to annual leave after completing six months of continuous work.
Continuous work shall also include a temporary impediment for work, pursuant to health-care regulations, and the paid absence from work.
An employee may not waive the right to annual leave, nor such right may be denied to him.
2) Length of Annual Leave
Article 69
For each calendar year an employee shall have the right to no less than 20 days of annual leave for a period to be determined by general act and the employment contract.
The length of annual leave shall be determined in such a way so as to increase the 20 day minimum on the ground of work contribution, conditions of work, work experience, professional qualification of the employee, and other criteria determined in the general act and the employment contract.
Article 70
In determining the length of annual leave, the working week shall be counted as five workdays.
Holidays, designated by law as idle-days, paid absence from work and temporary impediment for work in accordance with the health-care regulations, shall not be counted as annual leave days.
An employee who in course of using the annual leave, is temporarily unable to work in terms of the health-care regulations, shall be entitled to continue the annual leave at the end of sick leave.
3) Annual Leave in the Event of Termination of Employment
Article 71
In the event of termination of employment, the employer shall be bound to issue to the employee an acknowledgment on the number of used annual leave days.
4) Proportional Part of Annual Leave
Article 72
An employee shall be entitled to one twelfth of the annual leave (proportional part) for a month of work in a calendar year:
1) if in the calendar year of his first employment he has no six months of continuous work;
2) if in the calendar year he did not acquire the right to annual leave due to an interruption of employment in terms of Article 68, paragraph 2 of the present Law.
5) Use of Annual Leave in Parts
Article 73
Annual leave may be used in two parts.
An employee taking annual leave in parts shall use the first part of three working weeks in course of calendar year, as a minimum, and the second part at latest by 30 June of the subsequent year.
An employee meeting the requirements for acquiring the right to annual leave in terms of Article 68, paragraph 2 of the present Law, while failing to use the annual leave in a calendar year, completely or partially, due to the absence from work to be used for maternity leave, the absence from work for the care of the child and special care of the child - shall be entitled to use that leave by 30 June of the subsequent year.
6) Teaching and Upbringing Staff Annual Leave
Article 74
The length of annual leave of teaching and upbringing staff in the upbringing and educational institutions shall be determined in conformity with the law.
7) Annual Leave Schedule
Article 75
Depending on the needs of the job, an employer shall decide on the time of use of annual leave, with prior consultation with an employee.
The ruling on the use of annual leave shall be handed over to an employee at the latest 15 days prior to the date specified for the commencement of the use of annual leave.
Should an employer fail to hand over the ruling to employee, it shall be considered that he has denied the annual leave to the employee.
An employer may alter the time determined for the use of annual leave, should this be required by the needs of the job, at the latest five workdays prior to the day determined for the use of annual leave.
8) Indemniity
Article 76
An employee who due to employer's fault fails to take the annual leave, shall be entitled to indemnity commensurate to the amount of average earnings in the three preceding months, as determined in the general act and the employment contract.
5. Leave against Compensation of Earnings (Paid Leave)
Article 77
An employee shall have the right to a paid absence from work against compensation of earnings (paid leave) for a maximum of seven workdays in course of a calendar year, in cases of getting married, spouse's childbirth, serious illness of a member of immediate family, and in other cases as determined in the general act and the employment contract.
Duration of annual leave specified in paragraph 1 of the present Article shall be determined in the general act and the employment contract.
In addition to the right to leave specified in paragraph 1 of the present Article, the employee shall be entitled to a paid leave:
1) of five workdays due to death of an immediate family member;
2) of two days for every instance of voluntary giving blood, counting also the day of giving blood.
Members of the immediate family in terms of paragraphs 1 and 3 of the present Article shall include a spouse, children, brothers, sisters, parents, adoptive parent, adoptee, guardian and other persons who live in a joint family household with the employee.
It shall be possible to provide, by the general act and the employment contract, the right to a paid leave exceeding five workdays, in terms of paragraphs 1 and 3 of the present Article.
Article 78
An employer may grant to an employee a leave without compensation of earnings (unpaid leave).
During the time of unpaid leave, the rights and duties relating to employee's employment shall stay, unless otherwise determined for specific rights and duties by law, general act and contract of employment.
Article 79
Rights and duties of an employee acquired at work and on the ground of work shall stay, except for the rights and duties for which the law, general act and contract of employment provide otherwise, should he be absent from work due to:
1) leaving for serving in the military and/or completing such service;
2) being assigned to work abroad by the employer or within the framework of international technical or educational and cultural cooperation, or in diplomatic, consular and other missions;
3) being temporarily assigned to work with another employer in terms of Article 174 of the present Law;
4) being elected and/or appointed to a function in a state agency, trade union, political organisation or to other public function the exercising of which requires temporary termination of work with the employer;
5) serving a prison sentence, and/or an imposed safety, correctional or protective measure, up to three months.
An employee whose rights and duties, referred to in paragraph 1 of the present Article, are on stay, shall be entitled, within 15 days from the day of terminating and/or completing military service, ending of the work abroad, and/or with another employer, ending of the function, returning from serving the prison sentence, and/or the safety, correctional or protective measure - to return to the job with the employer.
The rights specified in paragraphs 1 and 2 of the present Article shall appertain also to a spouse of the employee who was sent to work abroad within the framework of international technical or educational and cultural cooperation, or in diplomatic, consular and other mission.
Article 80
An employee shall be entitled to the safety and protection of life and health at work, in conformity with the law.
An employee shall be obliged to respect regulations relating to safety and protection of life and health at work, in order not to put in danger his safety and health, as well as the safety and health of employees and other persons.
An employee shall be obliged to notify the employer of every kind of possible danger that could have an impact on safety and health at work.
Article 81
An employee may not work overtime if, according to the opinion of a competent health-care agency, such work might deteriorate his health condition.
An employee with health condition established by a competent medical agency, in conformity with the law, may not perform jobs that mightcause deterioration of his health condition or entail consequences dangerous for the environment.
Article 82
Only an employee who, apart from special conditions established by the rule book, meets also the requirements for work in respect of health condition, psycho-physical abilities and age, in conformity with the law, may work on jobs that involve increased danger of injury, professional and other illnesses.
2. Protection of Personal Data
Article 83
An employee shall be entitled to have insight in documents containing personal data kept with the employer, and to request deleting of data of no direct importance for the jobs performed by him, as well as the correction of incorrect data.
Personal data relating to an employee may not be made available to a third party, apart from cases and under the conditions specified by law, or where necessary to provide evidence relating to employment-related rights and duties or those in connection with work.
Personal data of employees may be collected, processed and communicated to third persons only by an employee authorised by the director.
Article 84
An employee under 18 years of age may not work at the following jobs:
1) those involving particularly difficult physical labour, work under ground, under water or at considerable height;
2) those including exposure to harmful radiation or poisonous and cancerogeneous matters or the ones causing hereditary illness, as well as those hazardous to health due to coldness, warmth, noise or vibration;
3) those which, due to the finding of a competent medical agency, considering his psyho-physical abilities, would affect harmfully and by higher risk his health and life.
Article 85
An employee between 18 and 21 years of age may work at the jobs referred to in Article 84, paragraphs 1/ and 2/ of the present Law only on the ground of a finding of competent medical agency determining that such work is not harmful to his health.
Article 86
Expenses of medical examination, specified in Article 84, paragraph 3/ and Article 85, shall be at the charge of the employer.
Article 87
Full working hours of an employee under 18 years of age may not be determined as to exceed 35 hours a week, or exceed eight hours a day.
Article 88
Overtime work and rescheduling of working hours of an employee under 18 years of age shall be prohibited.
An employee under 18 years of age may not work by night, except:
1) if performing jobs in the spheres of culture, sports and advertising activity;
2) where necessary to continue the work interrupted due to force majeur, on condition that such work be limited to a definite time, and that it has be terminated without delay, with the proviso that the employer lacks a sufficient number of other employees of age.
In the event specified in paragraph 2 of the present Article, an employer shall be bound to ensure that an employee of age exercises supervision over the work of employee under 18 years of age.
Article 89
An employed woman may not work in course of pregnancy at jobs that, in terms of a finding of medical agency, are harmful to her health and health of the child, and particularly at jobs requiring burden lifting or those characterised by harmful radiation of exposure to extreme temperatures and vibrations.
Article 90
An employed woman in course of 32 weeks of pregnancy may not work overtime and by night, should such work, according to the finding of a competent medical agency, be harmful to her health and health of the child.
An employed woman may not work overtime and by night in course of the last eight weeks of pregnancy.
Article 91
One of the parents with a child under three years of age may work overtime and/or by night only on the ground of his consent in writing.
A self-supporting parent with a child not older than seven years of age, or a seriously disabled child, may work overtime and/or by night only on the ground of his consent in writing.
Article 92
An employer may reschedule the working hours of an employed woman in course of pregnancy, and of an employed parent with a child under three years of age, or a child with serious degree of psycho-physical ailment - only on the ground of consent of the employee in writing.
Article 93
The rights specified in articles 91 and 92 of the present Law shall appertain also to an adopting parent and/or guardian of the child.
Article 93a
The employer shall provide that the employed woman, upon returning to work prior to expiry of the first year after the child birth, enjoys the right to one or more breaks during working hours in total duration of 90 minutes, or the right to reduce the daily working hours for 90 minutes, in order to be able to breast feed her child, if the daily working hours of the employed women equal six or more hours.
The break or the reduced working hours from Par. 1 hereof shall be considered as a part of the working hours that shall be compensated to the employed woman as remuneration in the amount of the basic earnings, increased by seniority compensation.
5. Maternity Leave and Leave for Nursing a Child
Article 94
An employed woman shall be entitled to a leave from work due to pregnancy and childbirth (hereinafter: maternity leave), as well as to a leave from work for nursing a child, of 365 days altogether.
An employed woman shall be entitled to commence the maternity leave, on the ground of a finding of competent medical agency, 45 days at the latest, and 28 days in any case, prior to the time of determined delivery.
The maternity leave shall extend over three full months from the day of childbirth.
An employed woman after the expiry of maternity leave shall be entitled to be absent from work to nurse a child until the expiry of 365 days, from the day of commencement of maternity leave referred to in paragraph 2 of the present Article.
A father of a child may exercise the right specified in paragraph 3 of the present Article, should the mother abandon the child, die, or be prevented due to other justified reasons to exercise that right (serving a prison term, serious illness and the like). That right shall also appertain to a father where the mother is not employed.
A father of the child may exercise the right referred to in paragraph 4 of the present Article.
In course of the maternity leave and the leave for nursing a child, a woman employee and/or father shall be entitled to compensation of earnings, in conformity with the law.
Article 94a
An employed woman shall be entitled to maternity leave and to be absent from work to nurse a child for the third and every subsequent newborn child in the duration of two years altoghether.
The right to maternity leave and to be absent from work to nurse a child in the duration of two years altogether shall pertain also to an emplyed woman who gives birth in the first delivery to three or more children, as well as to an employed woman who has given birth to one, two or three children, and who gives birth in the subsequent delivery to two or more children.
An employed woman referred to in paragraphs 1 and 2 of the present Article shall be entitled, after the expiry of maternity leave, to be absent from work to nurse a child until the expiry of two years after the commencement of the maternity leave specified in Article 94, paragraph 2 of the present Law.
A father of a child specified in paragraphs 1 and 2 of the present Article may exercise the right to maternity leave in the cases and under the consitions specified in Article 94, paragraph 5 of the present Law, and the right to be absent from work to nurse a child in the duration specified in paragraph 3 of the present Article.
Article 95
The right to use maternity leave, of the duration specified in Article 94, paragraph 3 of the present Law, shall appertain also to a woman employee should a child be stillborn or die before the expiry of maternity leave.
6. Leave for Special Care of a Child or Another Person
Article 96
One of the parents of a child in need of special care due to a serious degree of psycho-physical ailment, apart from cases prescribed by the health insurance regulations, shall be entitled, upon expiry of the maternity leave and the leave for nursing a child, to be absent from work, or to work half of the full working hours, at most until the child becomes five years old.
The right in terms of paragraph 1 of the present Article shall be exercised on the ground of an opinion of the agency competent for assessing the degree of psycho-physical ailment of the child, in the conformity with the law.
In course of the absence from work, in terms of paragraph 1 of the present Article, the employee shall be entitled to compensation of earnings, in conformity with the law.
In course of working half of the full working hours, in terms of paragraph 1 of the present Article, an employee shall be entitled to earnings in conformity with the law, general act and employment contract, and for the other half of full working hours - to the compensation of earnings, in conformity with the law.
Conditions, procedure, and the manner of exercising the right to absence from work for special care of a child shall be regulated in detail by the minister in charge for social childcare.
Article 97
A foster parent and/or a guardian of a child under five years of age shall be entitled, for taking care of the child, to be absent from work for eight consecutive months, from the day the child is accomodated with a foster and/or guardian family, and at the most until the child become five years old.
Where the accomodation with a foster and/or guardian family has taken place before the child became three months old, the foster parent and/or guardian shall be entitled, for the purpose of childcare, to be absent from work until the child become 11 months old.
The right specified in paragraphs 1 and 2 of the present Article shall appertain also to a person to whom the child is directed for adaptation before establishing the adoption, and after such establishment is instituted - the one of the adoptive parents as well.
During the absence from work for the purpose of childcare, a person exercising the right specified in paragraphs 1 through 3 of the present Article shall be entitled to compensation of earnings in conformity with the law.
Article 98
A parent or a guardian and/or a person who takes care of the person suffering from cerebral palsy, poliomielitis, or of a kind of plegia or muscular dystrophy and other serious diseases, may on the ground of the finding of a competent medical agency, and upon his request, work reduced working hours, but not less than half of the fullworking hours.
An employee working reduced working hours, in terms of paragraph 1 of the present Article, shall be entitled to an appropriate earnings, commensurate to the time spent at work, in conformity with the law, general act and the employment contract.
Article 99
The rights specified in Article 96 of the present Law shall appertain also to one of the adoptive parents, foster parent, and/or guardian of the child, should the child, due to a degree of psycho-physical ailment, need special care.
Article 100
One of the parents, adoptive parent, and/or guardian shall be entitled to the absence from work until the child become three years old.
In course of absence from work specified in paragraph 1 of the present Article, the rights and duties on the ground of work shall stay, unless otherwise determined for certain rights by the law, general act and employment contract.
7. Protection of Disabled Persons
Article 101
An employer shall be obliged to enable an employee who is a disabled worker to perform jobs according to his remaining work ability.
An employer shall, in accordance with the pension and disability insurance regulations, provide another appropriate job to an employee who is assessed to be in danger to become disabled by performing certain jobs.
Article 102
An employer may canced the contract of employment with an employee who refuses to accept a job in terms of Article 101 of the present Law.
8. Notification on Temporary Work Impediment
Article 103
An employee shall be bound to forward to the employer, not later than within three days of the day of occurence of his temporary impediment from work, in terms of health insurance regulations, a certificate issued by a physician, indicating also the expected period of work impediment.
In case of serious illness, the certificate, instead by the employee, shall be forwarded to the employer by members of his immediate family or other persons living with him in the family household.
An employee who lives alone shall be obliged to forward the certificate within three days after the reasons due to which he has been unable to forward the certiicate have ceased to exist.
A physician shall be bound to issue the certificate specified in paragraph 1 of the present Artic_e.
Should an employer be distrustful of the reasons for absence from work, in terms of paragraph 1 of the present Article, he may lodge a request to the competent medical agency to assess the health ability of the employee, in conformity with the law.
The manner of issuing and the contents of the certificate relating to the occurrence of temporary work impediment, in terms of health insurance regulations, shall be prescribed in agreement between the minister and the minister in charge for health.
VIII EARNINGS, COMPENSATION OF EARNINGS AND OTHER INCOME
Article 104
An employee shall be entitled to appropriate earnings to be determined in conformitiy with the law, general act and employment contract.
Employees shall be guaranteed equal earnings for the same work or the work of equal value performed with an employer.
The work of the same value shall be understood to mean a work requiring the same professional qualification level, same work abilities, responsibility and physical and intellectual work.
A decision of an employer or an agreement with the employee that is not in accordance with paragraph 2 of the present Article shall be null and void.
Should there be a violation of the right specified in paragraph 2 of the present Article, the employee shall be entitled to indemnity.
Article 105
The earnings specified in Article 104, paragraph 1 of the present Law shall include the earnings effected for work performed and time spent at work, the earnings on the ground of employee's contribution to business success of the employer (bonuses, premiums and the like) and other income on the ground of employment, in conformity with the general act and contract of emloyment.
Earnings in terms of paragraph 1 of the present Article shall be understood to mean the earnings including tax and dues payable on earnings.
Earnings in terms of paragraph 1 of the present Article shall be understood to mean all the employment-related income, except for reimbursement of expenses of the employee relating to work specified in Article 118, items 1/ through 4/ and other income referred to in Article 119 and Article 120, item 1/ of the present Law.
2. Earnings for Work Performed and Time Spent at Work
Article 106
Earnings for the work performed and time spent at work shall include the basic earnings, portion of the earnings for working performance, and increased earnings.
Article 107
The basic earnings shall be determined on the ground of conditions, as specified by the rule book, necessary for the work at jobs the employee has concluded the employment contract for, and the time spent at work.
The working performance shall be determined on the ground of quality and volume of the work performed, as well as of employee's attitude toward work duties.
Elements of accounting and payment of basic earnings and the earnings on the ground of working perormance, specified in paragraphs 1 and 2 of the present Article, shall be determined in the general act.
It shall be possible to determine in an employment contract that the amount of basic earnings exceeds that of the basic earnings specified on the ground of a general act.
Article 108
An employee shall be entitled to increased earnings at the amount determined in the general act and the employment contract, as follows:
1) for work on public holiday, that is an idle day - a minimum of 110% of the base;
2) for work at night and work in shifts, if such work is not evalued on the occasion of determining the basic earnings - a minimum of 26% of the base;
3) for overtime work - a minimum of 26% of the base;
4) on the ground of time spent at work for each full effective employment year - 0.4% of the base.
Should simultaneously conditions accumulate of several grounds, as specified in paragraph 1 of the present Article, the percentage of the increased earnings may not be lesser than the total of percentages according to every single base for increase.
Other cases, too, may be determined in a general act and an employment contract, in which an employee may be entitled to increased earnings.
The increased earnings accounting base shall be made of basic earnings, as determined in conformity with the law, general act and employment contract.
Article 109
A trainee shall be entitled to earnings at the minimum of 80% of the amount of basic earnings for jobs he has concluded the employment contract for, as well as to the refund of expenses, and other income, in conformity with the general act and employment contract.
Article 110
The earnings shall be paid out within time limits determined in the general act and the employment contract, at least once a month, and until the end of the current month, at the latest, for the preceding month.
The earnings shall be paid out in money exclusively, unless otherwisespecified by the law.
Article 111
An employee shall be entitled to minimum earnings for standard performance and full working hours, and/or working hours treated equal in terms of value as full working hours.
Should an employer conclude with an employee a contract of minimum earnings, specified in paragraph 1 of the present Article, the employer shall be obliged to pay out such earnings to the employee in the amount specified in the decision referred to in Article 113 of the present Law for the month the payment is effected in.
Article 112
Minimum earnings shall be determined by a decision of the Social and Economic Council established for the territory of the Republic of Serbia (hereinafter: Social and Economic Council).
Should the Social and Economic Council fail to render a decision within 10 days from the day of commencement of bargaining, the decision on the amount of minimum earnings shall be made by the Government of the Republic of Serbia (hereinafter: the Government).
In determining the minimum earnings, the following shall be partricularly taken into consideration: costs of living, average earnings trends in the Republic of Serbia, subsistance and social needs of an employee and his family, unemployment rates, employment trends in the labour market, and general level of economic development of the Republic of Serbia.
The minimum earnings shall be determined per working hour, for a six month period at the minimum, and may not be lower than the minimum earnings, as determined by the decision specified in paragraphs 1 and 2 of the present Article for a period preceding the period the minimum earnings are determined for.
Article 113
The decision on minimum earnings specified in Article 112 of the present Law shall be published in the "Official Herald of the Republic of Serbia".
Article 114
An employee shall be entitled to compensation of earnings in the amount of average earnings for the three preceding months, in conformity with the general act and employment contract, for the time of absence from work on a holiday that is an idle day, annual leave, paid leave, military exercise and responding to summons by a state agency.
Unless otherwise determined, an employer shall be entitled to refund of the compensation paid out under paragraph 1 of the present Article, in case of employee's absence from work due to military exercise or responding to summons of a state agency - from the agency whose summons was responded by the employee.
Article 115
An employee shall be entitled to compensation of earnings in course of absence from work due to being temporarily impeded from work for a period not exceeding 30 days, as follows:
1) in the minimum amount of 65% of average earnings in the preceding three months before the month in which temporary impediment for work occured, on condition that it may not be lesser than the minimum earnings determined in conformity with the present Law, where the impediment for work was caused by illness or injury sustained outside work, unless otherwise determined by the law;
2) in the amount of 100% of the average earnings in the preceding three months before the month in which temporary impediment for work occurred, on condition that it may not be lesser than the minimum earnings determined in conformity with the present Law, where the impediment for work was caused by an injury sustained at work or by a professional illness, unless otherwise determined by the law.
Article 116
An employee shall be entitled to compensation of earnings - amounting to at least 60% of the average earnings in the preceding three months, on condition that it may not be lesser than the minimum earnings, as determined in conformity with the present Law - during an interruption of work, and/or reduction of the volume of work which occurred without employee’s fault, not exceeding 45 workdays in a calendar year.
Exceptionally, in the case of interruption of work and/or reduction of the volume of work which requires a longer absence, the employer, after obtaining a previous concordance of the minister, may direct the employee to the leave of absence exceeding 45 days, along with the compensation of earnings specified in paragraph 1 of the present Article.
Before granting the concordance specified in paragraph 2 of the present Article, the minister shall demand the opinion of the representative trade union of the branch or line of activity established at the level of the Republic.
Article 117
An employee shall be entitled to compensation of earnings in the amount determined by a general act and employment contract during an interruption of work which occurred by an order of the government agency in charge, or a competent body of the employer, due to failure to ensure safety and protection of life and health at work, that is a condition for continuing the work without the risk for life and health of employees and other persons, and in other cases, in conformity with the law.
Other cases, too, may be determined in a general act and employment contract, in which an employee shall be entitled to compensation of earnings.
Article 118
An employee shall be entitled to a refund of expenses in conformitywith the general act and the employment contract, as follows:
1) for travelling to and from work, in the amount of the price of public transportation ticket;
2) for the time spent on business trip in the country;
3) for the time spent on business trip abroad, at the minimum in the amount determined by special regulations;
4) for accomodation and food for working in the field, if the employer failed to provide to the employee the accomodation and food without compensation;
5) for food in course of work;
6) for subsidy for the use of annual leave.
Article 119
An employer shall be bound to pay out, in conformity with the general act:
1) to an employee - a retirement gratuity, in the minimum amount of three average earnings;
2) to an employee - a refund of funeral expenses in the event of death of a member of immediate family, and to members of the immediate family in the event of death of the employee;
3) to an employee - compensation of damage sustained due to an injury at work or a professional illness.
An employer may provide to children of an employee, under 15 years of age, gifts for Christmas and New Year, not exceeding the value of non-taxable amount provided for by the law regulating the income tax of citizens.
The average earnings specified in paragraph 1, item 1/ of the present Article shall be understood to mean the average earnings in the Republic of Serbia according to the latest published data of the republic agency in charge for statistics.
In terms of paragraph 1, item 2/ of the present Article, the members of immediate family shall be understood to be a spouse and children of the employee.
An employer may pay in to the employees a premium for the voluntary additional pension insurance, collective insurance covering the consequences of accidents, and collective insurance in the event of serious illnesses and surgical treatment, and all with the purpose of carrying out a high-grade additional social protection.
Article 120*
A right may be determined by a general act and/or employment contract to:
1) jubilean prize and solidarity assistance;
2) and 3) *(ceased to be valid);
4) other income.
7. Statement of Account of Earnings and Compensation of Earnings
Article 121
An employer shall be bound to hand over to employee a statement of account at every payment of earnings and compensation of earnings.
An employer shall be bound to hand over to employee a statement of account also for a month he failed to effect the payment of earnings, and/or compensation of earnings.
The statement of account specified in paragraph 2 of the present Article shall include employer's notification to the employee that the payment of earnings, and/or compensation of earnings is not effected, and the indication of reasons for not effecting the payment.
The statement of account of earnings, and/or compensation of earnings, specified in paragraph 2 of the present Article, shall be handed over by the employer to the employee, at the latest until the end of the month for the preceding month.
8. Records of Earnings and Compensation of Earnings
Article 122
An employer shall be bound to keep monthly records of earnings and compensation of earnings.
The records shall include data for every employee relating to earnings, earnings after deducting taxes and contributions from the earnings, and earnings deductions.
There shall be no uncompleted and deleted items and subsequently entered data in the records.
The records shall be verified by a director, and/or enrepreneur or an employee authorised by them.
The records shall be signed by the employee to whom the payment of earnings, and/or compensation of earnings, is effected.
9. Protection of Earnings and Compensation of Earnings
Article 123
An employer may collect a pecuniary claim against an employee bywithholding the payment of his earnings, only on the ground of a finally binding court decision, and in the cases specified by law, or by consent of the employee.
Unless otherwise determined by law, an employer may, on the ground of a finally binding court decision and in the cases determined by law, withhold from employee's earnings at most one third of the earnings, and/or compensation of earnings.
IX CLAIMS OF EMPLOYEES IN THE EVENT OF BANKRUPTCY PROCEEDINGS
Article 124
The right to payment of unpaid claims at an employer going bankrupt (hereinafter: the claim), in conformity with the present Law, shall appertain to an employee who was employed on the day of instituting the bankruptcy proceedings, and to a person being employed in the period connected with the realisation of rights specified by the present Law.
The rights referred to in paragraph 1 of the present Article shall be put into effect in conformity with the present Law, if they are not paid out in accordance with the law regulating the bankruptcy procedure.
If the rights specified in paragraph 1 of the present Article are partially paid out in conformity with the law regulating bankruptcy procedure, the employee shall be entitled to a difference up to the level of rights as determined by the present Law.
Article 125
An employee shall be entitled to payment:
1) of earnings and compensation of earnings during the absence from work due to temporary impediment from work on the ground of health-care regulations, that were due to be paid by the employer in conformity with the presen_ Law for the last nine months before the bankruptcy proceedings were instituted;
2) of indemnity for the unused annual leave due to employer's fault, for a calendar year in which the bankruptcy proceedings are instituted, if he had that right before bankruptcy proceedings were instituted;
3) of pension gratuity in a calendar year in which bankruptcy proceedings are instituted, if he had effected the right to old-age pension before the bankruptcy proceedings were instituted;
4) of indemnity on the ground of a court decision rendered in a calendar year in which the bankrup(cy proceedings were instituted, due to an injury at work or professional illness, if that decision has become finally binding before the bankruptcy p,oReedings were instituted.
An employee shall be entitled also to the payment of mandatory social insurance contributions, specified in paragraph 1, item 1/ of tTe present Article, in conformity with the mandatory social insurance regulations.
Article 126
The ernings and compensation of earnings specified in Article 125, paragraph 1, item 1/ of the present Law, shall be paid out in the amount equal to minimum earnings.
The indemnity for an unused annual leave specified in Article 125, paragraph 1, item 2/ of the present Law, shall be paid out in the amount equal to minimum earnings.
The old-age pension gratuity specified in Article 125, paragraph 1, item 3/ of the present Law, shall be paid out in the amount of three average earnings in the economy of the Republic.
The indemnity specified in Article 125, paragraph 1, item 4/ of the present Law shall be paid out in the amount of compensation determined by the court decision.
Establishing a Solidarity Fund
Article 127
For the purpose of realization of rights specified in Article 125 of the present Law, a Solidarity Fund shall hereby be established (hereinafter: Fund).
The activity of the Fund shall be to ensure and pay out claims in conformity with the present Law.
The Fund shall have the status of a legal entity and shall manage its affairs as a public service.
The head office of the Fund shall be in Belgrade.
Article 128
Resources for the establishment and the commencement of work of the Fund shall be provided in the budget of the Republic of Serbia.
The Fund shall commence its work on the day of being entered into the register, in conformity with the law.
Article 129
The bodies of the Fund shall be:
1) managing board;
2) supervisory board;
3) director.
Article 130
The managing board of the Fund shall have six members, as follows: two representatives of the Government, two representatives of representative trade unions, and two representatives of the representative associations of employers, established for the territory of the Republic of Serbia.
Each member of the managing board of the Fund shall have his deputy, who shall act on his behalf in the event of absence.
Members of the managing board of the Fund and their deputies shall be appointed by the Government for a four year term of office, as follows:
1) the representatives of the Government - at the proposal of the minister;
2) the representatives of the trade unions and associations of employers - at the proposal of the representative trade unions, and/or representative associations of employers, members of the Social and Economic Council.
The managing board shall elect, from among its members, a chairman and a deputy-chairman of the managing board.
Article 131
The manner of work, as well as other matters relevant for the work of managing board shall be regulated by a statute and a general act of the Fund.
Article 132
The managing board:
1) shall enact a statute and other acts of the Fund, unless otherwise specified by the present Law;
2) shall develop a financial pan and adopt an annual statement of account of the Fund;
3) shall appoint a director of the Fund;
4) shall perform other affairs as specified by the present Law and the statute of the Fund.
The Government shall be in charge to give assent to the statute of the Fund, financial plan and annual statement of account of the Fund, and the decision on appointing the director of the Fund.
The managing board shall submit a report on running the business of the Fund until 31 March of the current year for the preceding year, at the latest.
Article 133
The supervisory board of the Fund shall have three members, as follows: one representative of the Government, one representative of the representative trade unions, and one representative of the representative associations of employers, established for the territory of the Republic of Serbia.
Each member of the supervisory board of the Fund shall have his deputy, who shall act on his behalf in the event of absence.
Members of the supervisory board of the Fund and their deputies shall be appointed by the Government for a four year term of office, as follows:
1) the representative of the Government, at the proposal of the minister;
2) the representatives of the trade unions and the associations of employers, at the proposal of representative trade unions and representative associations of employers, members of the Social and Economic Council.
The supervisory board shall elect from among its members a chairman and a deputy-chairman of the supervisory board.
Article 134
The supervisory board:
1) shall effect the supervision over financial activity of the Fund;
2) shall have the insight in enforcing laws and other regulations relating to financial activity of the Fund;
3) shall have the insight in carrying out decisions of the managing board;
4) shall perform other affairs, too, as specified by the present Law and the statute of the Fund.
The supervisory board shall submit to the Government, until 31 March of the current year for the preceding year, at the latest, a report on financial activity of the Fund.
Article 135
The director of the Fund:
1) shall organise the work and the running of business in the Fund, and shall be responsible for the legality of work in the Fund;
2) shall represent the Fund;
3) shall execute decisions of the managing board of the Fund;
4) shall pass acts on the organization and systematization of jobs in the Fund, in agreement with the Government;
5) shall manage the work of employees in the Fund;
6) shall perform other affairs in conformity with the present Law and the statute of the Fund.
Article 136
Administrative and professional affairs for the Fund shall be performed by employees in the Fund.
The employees referred to in paragraph 1 of the present Article shall be subject to the regulations relating to employment relations in Government agencies.
Article 137
Receipts of the Fund shall be the resources set apart in the budget of the Republic of Serbia, and other resources in conformity with the law.
The resources of the Fund shall be used in conformity with the present Law.
Article 138
Should annual statement of account of receipts and expenses indicate that total receipts realised by the Fund surpass the realised expenses, the difference shall be paid in the account of the budget of the Republic of Serbia, and shall be allotted for carrying out the active employment policy program.
Procedure of Realisation of Employees' Rights
Article 139
The procedure of realisation of rights referred to in Article 125 of the present Law shall be instituted at the request of the employee (hereinafter: request).
The request shall be submitted to the Fund within 15 days from the day of referring the finally binding decision determining the right to claim, in conformity with the law regulating the bankruptcy procedure.
Article 140
The request shall be filed on a particular form.
The employee shall enclose to the request:
1) the employment contract, and/or other act relating to entering employment, while a person whose employment is terminated -- the act on termination of employment;
2) the act by means of which the right to claim referred to in Article 125, paragraph 1/ of the present Law is determined, in conformity with the law regulating the bankruptcy procedure;
3) the evidence that the claim referred to in Article 125, paragraph 1, items 2 through 4 of the _resent Law, does exist.
The contents of the form referred to in paragraph 1 of the present Article and the rest of documentation to be submitted by the employee shall be prescribed by the minister.
Article 141
Public receiver, employer and employee shall be obliged to forward, at the request of the Fund, and within 15 days from the day of the receipt of the request, all the information relevant for rendering the ruling referred to in Article 142 of the present Law.
Article 142
The managing board of the Fund shall decide on the request by a ruling.
A complaint may be lodged against the ruling, within eight days from the day of furnishing the ruling.
The minister shall decide on the complaint against the ruling, within 30 days from the day of lodging the complaint.
The ruling of the minister shall be final and no administrative dispute may be instituted against it.
Article 143
Rights of an employee to the claims specified in Article 125 of the present Law shall be inalienable, personal and proprietary.
Article 144
An employee shall forfeit the right referred to in Article 125 of the present Law:
1) if the claim referred to in Article 125 of the present Law has been discharged to him at least in the amount and for the time specified by the present Law, before carrying out the ruling referred to in Article 142 of the present Law;
2) if he has given untrue information relating to fulfillment of the requirements necessary for the realisation of rights;
3) if he has failed to submit the request within the time limit specified in Article 139, paragraphs 2 and 3 of the present Law.
Refund of Unwarrantably Received Resources
Article 145
The Fund shall be bound to request from an employee the refund of resources paid in conformity with articles 125 and 126 of the present Law, increased for the prescribed interest on arrears and law costs, where the rights are acquired on the ground of untrue and incorrect information, and/or where the employee has failed to inform the Fund on facts relevant for acquiring and exercising the rights specified by the law - within a year from the day of becoming aware of the facts that were the basis of the resource refund.
The employee shall be obliged, within 30 days from the day of communicating the request for the resource refund, to effect the refund to the transfer account of the Fund.
Supervision over Legality of Work
Article 146
The supervision over the work of the Fund shall be exercised by the ministry in charge of labour (hereinafter: ministry).
X RIGHTS OF EMPLOYEES IN THE EVENT OF CHANGE OF EMPLOYER
Article 147
In the event of a status change, and/or change of employer, in conformity with the law, the successor employer shall take over from the predecessor employer the general act and all contracts of employment that are valid on the day of the change of employers.
Article 148
The predecessor employer shall be bound to notify, completely and truthfully, the successor employer on the rights and duties stipulated in the general act and the employment contracts that are transferred.
Article 149
The predecessor employer shall be bound to notify, in writing, the employees whose employment contracts are transferred, on the transfer of employment contracts onto the successor employer.
Should an employee refuse the transfer of the employment contract or fail to take stand within five work days from the day of communicating the notification referred to in paragraph 1 of the present Article, the predecessor employer may cancel the employment contract of that employee.
Article 150
The successor employer shall be bound to apply the general act of the previous employer for at least a year from the day of change of employers, unless if prior to the expiry of that time limit:
1) the validity period of the concluded collective agreement at the predecessor employer has expired;
2) a new collective agreement with the successor employer has been concluded.
Article 151
The predecessor employer and the successor employer shall be bound to notify the representative trade union at the employer, within 15 days at the latest, before the change of employer, on:
1) the date or proposed date of change of the employer;
2) the reasons for the change of employer;
3) legal, economic and social consequences of the change of employer, in respect to the status of employees, and measures for their attenuation.
The predecessor employer and the successor employer shall be bound, within 15 days before the change of employer, at the latest, in cooperation with the representative trade union, to take measures in order to attenuate social and economic consequences relevant for the position of employees.
Should no representative trade union exist at the employer, the employees shall be entitled to be directly notified on circumstances referred to in paragraph 1 of the present Article.
Article 152
The provisions of articles 147 through 151 of the present Law shall apply also in the event of a change of ownership of capital of a commercial company or other legal entity.
Article 153
The employer shall be bound to develop a solution-finding program of manpower redundancy (hereinafter: program), after finding that due to technological, economic or organisational changes there will be no more need, within a 30 day period, for the work of employees engaged for an indefinite period of time, relating at least to:
1) 10 employees with an employer who employs more than 20, and less than 100 employees engaged for an indefinite period of time;
2) 10% of employees with an employer engaging a minimum of 100, and a maximum of 300 employees engaged for an indefinite period of time;
3) 30 employees with an employer employing more than 300 employees engaged for an indefinite period of time.
Such a program shall be developed also by an employer after finding that there will be no more need for work of at least 20 employees within a 90 day period, on the ground of reasons referred to in paragraph 1 of the present Article, regardless of the total number of employees with the employer.
Article 154
Before developing the program, an employer, in cooperation with the representative trade union at the employer, and the republic organisation in charge of employment, shall be obliged to take appropriate measures for new employment of redundant employees.
Article 155
The program shall particularly include:
1) reasons for the cessation of the need for work of the employees;
2) total number of employees with the employer;
3) number, professional qualification structure, age, and years of insurance coverage of redundant employees, and jobs they perform;
4) criteria for establishing the manpower redundancy;
5) measures for finding employment: transfer to other work assignments, employment with another employer, retraining or additional training, part-time work, but not shorter than half of the full-time work, and other measures;
6) resources necessary for settling the social and economic position of redundant employees;
7) time limit within which the employment contract will be cancelled.
The employer shall be bound to communicate the proposal of the program to the trade union referred to in Article154 of the present Law and the republic organisation in charge of employment, within eight days at the latest, from the day of developing the proposal of the program, in order to obtain an opinion.
The program shall be enacted by the managing board, and in the event of an employer where no managing board is established - by the director, and/or entrepreneur.
Article 156
The trade union referred to in Article 154 of the present Law shall be bound, within 15 days from the day of communicating the proposal of the program, to forward the opinion regarding the proposal of the program.
The republic organisation in charge of employment shall be bound, within the time limit specified in paragraph 1 of the present Article, to communicate to the employer the proposal of measures with the aim of preventing or reducing, as much as possible, the number of notices on cancelling the employment contracts, and/or to ensure retraining, additional training, self-employment and other measures aimed at finding new employment for redundant employees.
The emplđyer shall be bound to examine and take into consideration the proposals of the republic organisation in charge of employment and the opinion of the trade union, and to inform them within eight days on his stand.
Article 157
The criterion for establishing manpower redundancy shall not include the absence of an employee temporarily prevented to work, pregnancy, maternity leave, leave for nursing the child, and leave for special care of the child.
Article 158
The employer shall be bound, prior to the notice of cancellation of employment contract, in terms of Article 179, item 9/ of the present Law, to pay to the employee a severance pay in the amount established in the general act or employment contract.
The severance pay referred to in paragraph 1 of the present Article shall not be lesser than the addition of a third of earnings of the employee for each full year of the employment service for the first 10 years of employment service, and of a quarter of earnings of the employee for each subsequent full year of employment service exceeding 10 years of employment service.
Article 159
Earnings in terms of Article 158 of the present Law shall be understood to mean the average earnings of the employed, paid for the three months preceding the payment of severance pay.
Article 160
An employee whose work is no more necessary and whose employment contract is cancelled by the employer after paying the severance pay, referred to in Article 158 of the present Law, shall be entitled to pecuniary compensation, and to old-age pension and disability insurance and health protection, in conformity with the regulations on finding employment.
Article 161
It shall be possible to specify in an employment contract the jobs an employee may not be engaged in on his own behalf and his own account, as well as on behalf and for the account of another legal entity or natural person, without the consent of his actual employer (hereinafter: bar to competition).
The bar to competition may be specified only should conditions exist that the employee may acquire, by working with the employer, new, particularly important technology know-how, a wide circle of business partners, or may become familiarised with significant business information and secrets.
The general act and the employment contract shall specify the territorial validity of the bar to competition, depending on the kind of job subject to the bar.
Should the employee violate the bar to competition, the employer shall be entitled to claim damages from the employee.
Article 162
An employer and an employee may agree in the employment contract also about the conditions of bar to competition in terms of Article 161 of the present Law following the termination of employment, covering a period that may not exceed two years after the termination of employment.
Bar to competition specified in paragraph 1 of the present Article may be stipulated if the employer undertakes the obligation in the employment contract to pay to the employee pecuniary compensation in the agreed amount.
Article 163
An employee shall be liable for damage he causes to the employer, at work or in relation to work, with intent or by gross negligence, in conformity with the law.
Should several employees cause damage, each employee shall be liable for the part of damage caused by him.
Should it be impossible to establish the part of damage caused by the employee referred to in paragraph 2 of the present Article, it shall be considered that all the employees are equally liable, and they shall compensate the damage in equal shares.
Should several employees cause damage by means of a premeditated criminal offence, they shall be jointly and severally liable for the damage.
The existence of damage, its scope, relevant circumstances of its occurrence, who the damage-doer is and the manner of redress shall be established by the employer in conformity with the general act and/or employment contract.
Should compensation for damage be not realised in accordance with the provisions of paragraph 5 of the present Article, the court having the jurisdiction shall decide on the compensation.
An employee who has caused damage to a third party at work or in relation to work, with intent or by gross negligence, which damage has been redressed by the employer, shall be bound to compensate the employer for the amount of damages paid.
Article 164
Should an employee sustain injury or damage at work or in relation to work, the employer shall be obliged to redress such damage in conformity with the law and the general act.
XIV SUSPENSION OF AN EMPLOYEE FROM WORK
Article 165
An employee may temporarily be suspended from work:
1) should criminal proceedings be instituted against him for a criminal offence committed at work or in relation to work, or should he commit violation of work duty that brings into danger property of considerable value, as specified in the general act or the employment contract;
2) where the nature of violation of work duty, and/or transgressing the work discipline, or the conduct of employee is such that he may not continue to work with the employer prior to the expiration of the time limit referred to in Article 180, paragraph 1 and Article 181, paragraph 2 of the present Law.
Article 166
An employee placed under custody shall be suspended from work within the entire custody period, as of the first day of the custody.
Article 167
The suspension specified in Article 165 of the present Law may not exceed three months, and after the expiration of that period the employer shall be bound to reinstate the employee or cancel his employment contract, should justified reasons for doing so exist, as specified in Article 179, items 2/ through 4/ of the present Law.
Article 168
In the course of temporary suspension of an employee from work, in terms of articles 165 and 166 of the present Law, the employee shall be entitled to the compensation of earnings in the amount of one quarter, and where he is a family supporter, in the amount of one third of the basic earnings.
The compensation of earnings in the course of temporary suspension from work in terms of Article 166 of the present Law, shall be paid at the charge of the agency that has ordered the custody.
Article 169
An employee shall be entitled in the course of temporary suspension from work, in terms of articles 165 and 166 of the present Law, to the difference between the amount of compensation of earnings received on the ground of Article 168 of the present Law, and the full amount of the basic earnings, as follows:
1) should the criminal proceedings against him be discontinued by a final decision, or should he be acquitted by a final decision, or should charges against him be dismissed, but not due to the lack of jurisdiction;
2) should employee's employment contract be not terminated in terms of Article 179, items 2/ through 4/ of the present Law.
Article 170
An employer, instead of cancelling the employment contract,,may impose to an employee, due to the violation of work duty or transgressing the work discipline in terms of Article 179, items 2/ and 3/ of the present Law, a measure of temporary suspension from work without compensation of earnings, should he consider that attenuating circumstances do exist, or that transgressing of work duty and/or work discipline is not of such a nature as to indicate the need for terminating employment relation of the employee.
The measure of suspension from work specified in paragraph 1 of the present Article may be imposed for a period of from one to three work days.
XV CHANGE OF AN EMPLOYMENT CONTRACT
1. Change of Stipulated Work Conditions
Article 171
An employer may offer to an employee a change of the stipulated work conditions (hereinafter: annex to the contract):
1) In order to make transfer to another appropriate job, necessitated by the process and the organisation of work;
2) in order to make transfer to another place at the same employer, in conformity with Article 173 of the present Law;
3) for the purpose of assigning to an appropriate job with another employer, in conformity with Article 174 of the present Law;
4) if he has made possible to a redundant employee to exercise the rights specified in Article 155, paragraph 1, item 5/ of the present Law;
5) that are specified in Article 33, paragraph 1, items 10/, 11/ and 12/ of the present Law;
6) in other cases as specified in the general act or the employment contract.
An appropriate job in terms of paragraph 1, items 1/ and 3/ shall be understood to mean the job whose performance requires the same kind and degree of professional qualification otherwise stipulated in the employment contract.
Article 172
An employer shall be bound to enclose to the offer for making an annex to the contract, the assignment of reasons, in writing, indicating the time limit within which the employee should take stand on the offer, as well as the legal consequences of refusing the offer.
The employee shall be bound to take stand on the offer for making an annex to the contract within the time limit specified by employer, which may not be shorter than eight working days.
It shall be considered that an employee has refused the offer for making the annex to the contract, if he fails to take stand within the time limit specified in paragraph 2 of the present Article.
An employee accepting the offer for making the annex to the contract shall keep the right to contest the legality of such contract before a competent court.
2. Transfer to Another Place of Work
Article 173
An employee may be transferred to another place of work:
1) where activity of the employer is of such a nature that the work is performed in places outside 2mployer's registered office, and/or his organisational part;
2) if the distance from the employee's place of work to the place he is going to be transferred to is less than 50 kilometers, and if regular transportation is oõganised that makes possible timely arrival to work and return from work, and if transportation cost refund is provided for in the amount of the price of public transportation passenger ticket.
An employee may be transferred to another place of work in the cases not specified in paragraph 1 of the present Article only after his consent.
3. Assigning to Work with Another Employer
Article 174
An employee may be temporarily assigned to work with another employer at an appropriate job position, if temporarily there is no more need for his work, i business premises are given on lease or a contract is concluded of business cooperation - until the reasons exist for such assigning, and for a period not exceeding one year.
An employee, after giving his consent, in the cases specified in paragraph 1 of the present Article and in other cases as specified in the general act or the employment contract, may be temporarily assigned to work with another employer even for a period exceeding one year, until reasons for such assigning do exist.
An employee may be temporarily assigned, in terms of paragraph 1 of the present Article, to another place of work should the requirements specified in Article 173, paragraph 1, item 2/ of the present Law be fulfilled.
An employee shall conclude employment contract for a fixed period of time with the employer he has been assigned to.
It shall not be possible to stipulate in the employment contract with the employee the rights that would be lesser than the ones he had at the employer assigning him to work.
After the expiry of the time limit stipulated for assigning to work with another employer, the employee shall be entit_ed to return to work with the employer who has assigned him.
XVI TERMINATION OF EMPLOYMENT RELATION
1. Reasons for Termination of Employment Relation
Article 175
An employment relation shall be terminated:
1) after the expiry of the period it was concluded for;
2) when an employee reaches the age of 65 and a minimum of 15 social insurance years, unless otherwise agreed between the employer and the employee;
3) by an agreement between the employee and the employer;
4) by notice of cancellation of employment contract by the employer or the employee;
5) at the request of a parent or guardian of an employed minor under 18 years of age;
6) in the event of death of the employed;
7) in other cases specified by the law.
Article 176
Employment relation of an employee shall terminate independently of his intent and the intent of the employer:
1) should it be established in the manner specified by law that an employee has suffered loss of working ability - as of the day of being delivered a finally binding ruling on establishing the loss of working ability;
2) if according to the provisions of the law, and/or a finally binding decision of the court or another agency, he was forbidden to perform particular jobs, while it was not possible to assign him to perform other jobs - as of the day of being delivered the finally binding decision;
3) if due to serving a prison sentence he has to be absent from work for a period exceeding six months - as of the day of being sent to serving the sentence;
4) if a security, correctional or protective measure is imposed upon him, exceeding a six month period, compelling him to be absent from work - as of the day of the commencement of administering such measure;
5) in the event of termination of employer's work, in conformity with the law.
2. Termination of Employment Relation by Mutual Consent
Article 177
An employment relation may terminate on the ground of agreement, in writing, between the employer and the employee.
Before signing the agreement, the employer shall be bound to notify the employee, in writing, on consequences that may ensue in exercising the rights in the event of unemployment.
Article 178
An employee shall be entitled to cancel the employment contract with the employer.
The notice of cancellation of employment contract shall be submitted in writing by the employee to the employer, at least fifteen days before the day indicated by the employee as the day of termination of employment relation.
Should the employee cancel the employment contract due to a violation by the employer of the obligations established by law, the general act and the employment contract, the employee shall be entitled to all the rights on the ground of employment, as in the case of unlawful dismissal.
Article 179
An employer may cancel the employment contract with an employee should there exist a justified reason relating to employee's work ability, his conduct, and the employer's needs, as follows:
1) should the employee fail to achieve work results, and/or lack necessary knowledge and ability for performing the jobs he is engaged in;
2) should the employee through his own fault violate a work duty as specified in the general act or employment contract;
3) should the employee fail to respect work discipline as specified by the act of the employer, and/or should his conduct is such as to prevent him to continue to work with the employer;
4) should the employee commit a criminal offence at work or in relation to work;
5) should the employee fail to return to work with the employer within 15 days from the day of expiry of the period of unpaid leave or the employment stay, in terms of the present Law;
6) should the employee misuse the right to a leave due to temporary impediment for work;
7) should the employee refuse to conclude an annex to the employment contract in terms of Article 171, paragraph 1, items 1/ through 4/ of the present Law;
8) should the employee refuse to conclude the annex to the employment contract in connection with Article 33, paragraph 1, item 10/ of the present Law;
9) should due to technological, economic or organisational changes, performing of a particular job become unnecessary, or the scope of job become reduced.
Article 180
Prior to the cancellation of the employment contract in the case referred to in Article 179, items 1/ through 6/ of the present Law, the employer shall be bound to warn the employee, in writing, on the reasons for cancelling the employment contract, and to extend him a time limit of at least five workdays from communicating the warning, to enable him to take stand on the indications in the warning.
The employer shall be obliged to indicate, in the warning referred to in paragraph 1 of the present Article, the ground for giving notice, the facts and the evidence pointing to the fact that requirements are fulfilled for cancelling the employment contract, and the time limit for submitting an answer to the warning.
Should there exist attenuating circumstances or should the nature of work duty violation or disrespect of work discipline fail to amount to a sufficient reason for cancelling employment contract, the employer may notify the employee in the warning that he will cancel his employment contract should he commit the same or similar violation, and that he will do that without another warning.
Article 181
The employer shall be bound to forward the warning specified in Article 180 of the present Law, to employee's trade union in order to obtain its opinion.
The trade union shall be bound to communicate the opinion within five workdays from the day of forwarding the warning.
Article 182
If he cancels the employment contract with the employee in the case of Article 179, item 9/ of the present Article, the employer may not employ another person to perform the same jobs within six months from the day of termination of employment relation.
Should it be necessary, prior to the expiry of time limit specified in paragraph 1 of the present Article, to perform the same jobs, the priority for concluding the employment contract shall be applied regarding the employee whose employment relation was terminated.
Article 183
The following shall not be considered as a justified reason for cancelling the employment contract in terms of Article 179 of the present Law:
1) temporary impediment for work due to illness, accident at work or occupational disease;
2) use of maternity leave, absence from work for child care and absence from work due to special child care;
3) full-term serving or completion of serving in the military;
4) membership in a political organisation or in a trade union, sex, language, nationality, social background, religion, political or other conviction, or other personal characteristic of the employee;
5) activity as a representative of employees, in conformity with the present Law;
6) addressing by the employee the trade union or agencies in charge of protection of employment-related rights, in conformity with the law, the general act and the employment contract.
1) Time Limit of Unenforceability Due to Statute of Limitations
Article 184
An employer may cancel the employment contract specified in Article 179, items 1/, 2/, 3/, 5/ and 6/ of the present Law with an employee, within a three month period upon becoming aware of the facts making the ground for dismissal, and/or within a six month period from the day of taking place of the facts - grounds for dismissal.
An employer may cancel the employment contract specified in Article 179, item 4/ of the present Article with an employee, at the latest prior to expiry of the time limit of unenforceability due to statute of limitations specified by law for the criminal offence.
2) Furnishing the Act of Cancelling the Employment Contract
Article 185
An employment contract shall be cancelled by a ruling, in writing, and shall include an obligatory assignment of reasons and the instruction relating to legal remedy.
The ruling shall be delivered to the employee in person, in employer's premises, and/or to employee's residence or abode address.
Should the employer be unable to deliver to the employee the ruling referred to in paragraph 2 of the present Article, he shall be obliged to make a note in writing about that.
In the event specified in paragraph 3 of the present Article, the ruling shall be posted on the employer's billboard, and eight days following such posting, it shall be considered that the ruling has been delivered.
Employment relation of the employee shall be terminated on the day of delivery of the ruling, unless another time limit be determined by the present Law or the ruling.
The employee shall be bound to notify the employer, in writing, on the day following the date of delivery of the ruling, of his intent to settle the dispute before an arbitrator in terms of Article 194 of the present Law.
3) Duty of Payment of Earnings and Compensation of Earnings
Article 186
In case of termination of the employment relation, an employer shall be bound to pay to the employee all unpaid earnings, compensation of earnings and other income effected by the employee until the day of termination of employment relation, in concordance with the general act and the employment contract.
The employer shall be bound to make the payment of dues referred to in paragraph 1 of the present Article within 30 days, at the latest, from the day of termination of employment relation.
6. Special Protection against the Cancellation of Employment Contract
Article 187
An employer may not cancel the employment contract to an employee in the course of pregnancy, maternity leave, leave for nursing the child and leave for special care for child.
The period of employment of the employee employed for a definite period of time referred to in Paragraph 1 of the present Article shall be extended until the expiry of the usage of the right of leave.
The decision on termination of the employment contract is null and void if at the date of termination of employment the employer was aware of the existence of the circumstances referred to in paragraph 1 of this Article, or if the employee, within 30 days of receipt of the notice on termination, informs the employer of the existence of the circumstances referred to in paragraph 1 of this Article, and submits the appropriate certificate of an authorized physician or other competent authority.
Article 188
An employer may not cancel the employment contract, or in another way put in disadvantageous position, a representative of the employees in the course of performing the function, and during a year following the termination of the function, if the representative of the employees proceeds in conformity with the law, the general act and the employment contract, as far as the following are concerned:
1) a member of the employees' council and a representative of the employees in the employer's supervisory board;
2) the president of the trade union at the employer;
3) a nominated or elected trade union representative.
Should the representative of employees referred to in paragraph 1 of the present Article fail to proceed in conformity with the law, the general act and the employment contract, the employer may cancel his contract of employment.
The number of trade union representatives enjoying the protection in terms of paragraph 1, item 3/ of the present Article, shall be determined by the collective agreement, and/or the agreement between the trade union and the employer, depending on the number of members of the trade union at the employer.
In agreement with the ministry, an employer may cancel the employment contract of a representative of the employees, specified in paragraph 1 of the present Article, should he refuse the offered job in terms of Article 171, paragraph 1, item 4/ of the present Law.
7. Dismissal Period and Severance Pay
Article 189
An employee whose contract of employment is cancelled due to unsatisfactory performance of work, and/or due to lack of required knowledge and abilities in terms of Article 179, item 1/ of the present Law, shall have the right and a duty to remain employed for one month at the minimum and three months at the maximum (hereinafter: dismissal period), depending on the total number of social insurance years, as follows:
1) one month, if he has completed up to 10 years of social insurance years;
2) two months, if he has completed over 10 to 20 social insurance years;
3) three months, if he has completed over 20 social insurance years.
The dismissal period shall begin to run on the day following the day of forwarding the ruling on cancelling the employment contract.
In agreement with the agency in charge specified in Article 192 of the present Law, an employee may stop working even prior to the expiry of dismissal period, with the proviso that he be provided the compensation of earnings in the amount determined by the general act and the employment contract.
If an employee is called up to military exercise, and/or to complete his term in the military, or if he was temporarily impededto work within a period he was obliged to remain on work, the running of such period shall be suspended, at his request, and shall continue to run after his return from the exercise, and/or serving the military term, or after the termination of temporary impediment for work.
Article 190
(Deleted)
Article 191
Should a court pass a finally binding decision establishing that employee's employment has been unlawfully terminated, the court shall decide that the employee be readmitted to work, if the employee so requests.
In addition to readmission to work, the employer shall be bound to pay damages to the employee in the amount of earnings lost, and other income he is entitled to by the law, general act and the contract of employment, including the payment of mandatory social security dues.
Compensation of damage referred to in paragraph 1 of the present Article shall be reduced for the amount of income effected by the employee on the ground of work following the termination of employment relation.
If the court decides that employee's employment has been unlawfully terminated, and the employee does not request to be readmitted to work, the court shall, at his request, bind the employer to pay damages to the employee in the amount of 18 earnings at the maximum, that would have been effected by the employee if he were employed, and depending on the period of employment and employee's age, as well as on the number of members of family supported by him.
The decision specified in paragraph 4 of the present Article may be passed by the court at employer's request as well, should circumstances exist which reasonably imply that the continuation of employment, while respecting all the circumstances and interests of contracting parties, is not possible, with the proviso that damages be adjudicated in the amount doubling the amount determined in conformity with paragraph 4 of the present Article.
The employer and the employee may file the request specified in paragraphs 4 and 5 of the present Article until the conclusion of the main trial before the court.
XVII EXERCISING AND PROTECTION OF EMPLOYEES' RIGHTS
Article 192
Decision-making on rights, duties and responsibilities deriving from employment relation shall be in the competence:
1) in a legal entity - of director or an employee authorised by him;
2) at an employer having no legal entity status - of the entrepreneur or employee authorised by him.
The authorisation specified in paragraph 1 of the present Article shall be issued in writing.
Article 193
A ruling in respect to exercising the rights, duties and responsibilities shall be delivered to the employee in writing, with an assignment of reasons and instruction regarding legal remedy, except in the case specified in Article 172 of the present Law.
Provisions of Article 182, paragraphs 2 through 4 of the present Law shall relate also to the procedure of delivery of the ruling specified in paragraph 1 of the present Article.
Protection of Individual Rights
Article 194
The procedure of consensual settling of disputed issues between an employer and an employee may be provided for in the general act and the employment contract.
The disputed issues in terms of paragraph 1 of the present Article shall be settled by an arbitrator.
The arbitrator shall be determined by agreement between parties in dispute, from among the experts in the field under dispute.
Time limit for instituting the proceedings before an arbitrator shall be three days from the day of delivery of the ruling to the employee.
The arbitrator shall be obliged to render a decision within 10 days from the day of submission of request for consensual settling of disputed issues.
The employment relation of the employee shall rest in course of the proceedings before the arbitrator relating to the cancellation of employment contract.
Should the arbitrator fail to render a decision within the time limit specified in paragraph 5 of the present Article, the ruling on the cancellation of the employment contract shall become apt to be carried out.
The decision of the arbitrator shall be final and binding for the employer and the employee.
Article 195
An employee, and/or a representative of employee's trade union, if authorised by the employee, may institute proceedings before a competent court against a ruling that violates his right, or when such employee has become aware of the violation of the right.
The time limit for instituting the court proceedings shall be 90 days following the day of delivery of the ruling, and/or after becoming aware of the violation of right.
Dispute before a competent court shall be terminated by a finallybinding decision within six months from the day of instituting the proceedings.
Time Limits of Unenforceability of Claims Deriving from Employment due to Statute of Limitations
Article 196
All pecuniary claims deriving from employment shall fall under statute of limitations three years from the day of creation of the relevant obligation.
1. Work outside the Scope of Employment
1) Temporary and Periodical Jobs
Article 197
For performing jobs whose kind is such that they do not exceed 120 workdays in a calendar year, an employer may conclude a contract of performing temporary and periodical jobs with:
1) an unemployed person;
2) a part time employed person - to full working hours;
3) an old-age pension beneficiary.
The contract specified in paragraph 1 of the present Article shall be concluded in written form.
Article 198
An employer may conclude a contract with a person - member of youth or student cooperative, not older than thirty, for the performance of temporary and periodical jobs.
2) Contract for the Supply of Services
Article 199
An employer may conclude with a particular person a contract for the supply of services for the performance of jobs outside employer's line of business, and with the aim of independent manufacture or repair of a particular item, or independent carrying out of particular physical labour or intellectual work.
The contract for the supply of services may be entered into with a person performing artistic or other activities in the sphere of culture as well, in conformity with the law.
The contract referred to in paragraph 2 of the present Article must be in accordance with the single collective agreement relating to persons engaged in independent activity in the spheres of arts and culture, where such agreement has been concluded.
The contract specified in paragraph 1 of the present Article shall be concluded in written form.
3) Contract of Agency or Mediation
Article 200
An employer may conclude a contract with a particular person for the performance of agency or mediation transactions.
The right to remuneration for agency or mediation and other mutual rights and obligations, duties and responsibilities of the person performing agency and mediation transactions, and the employer, shall be determined by the contract of agency or mediation, in conformity with the law.
The contractspecified in paragraph 1 of the present Article shall be concluded in written form.
4) Contract of Vocational Training and Improvement
Article 201
An employer may conclude a contract of vocational training and improvement with:
1) an unemployed person, for undergoing traineeship and passing professional examination, where so provided as a special requirement for working in the profession by the law, and/or the rule book;
2) a person intending to raise his professional level and acquire knowledge and abilities for working in his line of profession, and/or accomplish specialisation, for the period of time specified in the program of improvement and/or specialisation.
An employer may provide to the person specified in paragraph 1 of the present Article pecuniary compensation and other rights, in conformity with law, general act or contract of vocational training and improvement.
Pecuniary compensation specified in paragraph 2 of the present Article shall not be considered as the earnings in terms of the present Law.
The contract referred to in paragraph 1 of the present Article shall be concluded in written form.
5) Supplementary Work
Article 202
An employee working full-time with an employer, may conclude a contract of supplementary work with another employer, and to a maximum of one third of full-time working hours.
The contract of supplementary work shall specify the right to pecuniary compensation and other rights and duties on the ground of labour.
The contract specified in paragraph 1 of the present Article shall be concluded in written form.
Article 203
A natural person may independently perform an activity as entrepreneur, in conformity with the law.
Article 204
An employee shall have an employment record booklet that shall be handed over to the employer at establishing labour relation.
The employment record booklet shall be a public document.
The employment record booklet shall be issued by the municipal administration.
An employer shall be bound to return a properly filled-out employment record booklet to the employee on the day of termination of employment.
It shall be prohibited to enter into the employment record booklet data negative for the employee.
The contents of the employment record booklet, the manner of entering data into the employment record booklet and the way of keeping records on issued employment record booklets shall be prescribed by the minister.
XIX ORGANISATIONS OF EMPLOYEES AND EMPLOYERS
Article 205
Employees working with an employer having over 50 employees may establish a council of employees, in conformity with the law.
The council of employees shall render opinion and participate in the decision-making relating to economic and social rights of employees, in the way and under the conditions specified by law and general act.
Article 206
Freedom to organise in trade unions and engage in trade union activity shall be guaranteed to employees, and shall require no approval, with making an entry into the register.
Article 207
An employ may join a trade union by signing a membership application form.
An employer shall be bound to deduct from the earnings of an employee, who is a trade union member, the amount of trade union membership fee, on the ground of his statement in writing, and to pay that amount in the apropriate account of the trade union.
Article 208
The trade union shall be obliged to forward to the employer the act of making entry into the trade union register, and the decision relating to the election of president and members of the trade union bodies, within eight days from the day of forwarding the act of making the entry into the register, and/or the day of election of trade union bodies.
Article 209
The trade union shall be entitled to be notified by the employer on the economic, labour and social matters significant for the position of employees, and/or trade union members.
Article 210
An employer shall be bound to provide the trade union with technical conditions and space as well as to make available the data and information necessary for performing trade union activities.
The technical conditions and space for performing trade union activities shall be determined by means of collective agreement or agreement between the employer and the trade union.
Article 211
An authorised representative of the trade union shall be entitled to paid leave for the purpose discharging the trade union function, in conformity with collective agreement or the agreement between the employer and the trade union, proportionally to the number of trade union members.
Where a collective agreement or agreement referred to in paragraph 1 of the present Article is not conclude, the authorised trade union representative shall be entitled, for the purpose of discharging the trade union function:
1) to 40 paid hours a month if the trade union has a minimum of 200 members, and one hour each monthly, for every subsequent 100 members;
2) to proportionally less paid hours, where the trade union numbers less than 200 members.
It may be possible to determine, by means of collective agreement or the agreement specified in paragraph 1 of the present Article, that the authorised trade union representative be entirely exempted from performing the jobs he has concluded the employment contract for.
Where collective agreement or the agreement referred to in paragraph 1 of the present Article is not concluded, the president of the chapter and the trade union body member shall be entitled to 50% of paid hours specified in paragraph 2 of the present Article.
Article 212
A trade union representative authorised for collective bargaining, and/or designated as a member of the collective bargaining body, shall be entitled to paid leave in course of bargaining procedure.
Article 213
A trade union representative designated to act on behalf of an employee in the labour dispute against an employer before the arbitrator or the court, shall be entitled to a paid absence from work in course of effecting representation.
Article 214
A trade union representative absent from work in accordance with articles 211 through 213 of the present Law shall be entitled to compensation of earnings of at least to the amount of basic earnings, in conformity with the general act and the employment contract.
The compensation of earnings specified in paragraph 1 of the present Article shall be paid by employer.
3. Establishing a Trade Union and an Association of Employers
Article 215
In terms of Article 6 of the present Law, a trade union may be established in conformity with the trade union general act.
Article 216
An association of employers may be established by employers who employ a minimum of 5% of employees, as compared to total number of the employed in a specific branch, group, subgroup or line of business, and/or in the territory of a specific territorial unit.
Article 217
A trade union and an association of employers shall be entered into the register in conformity with the law and other regulations.
The manner of making an entry into the register of trade unions and associations of employers shall be prescribed by the minister.
4. Representativeness of Trade Union
Article 218
A trade union shall be considered representative:
1) if established and acting according to the principles of trade union organising and action;
2) if it is independent from state agencies and employers;
3) if financed predominantly from membership fee and other sources of its own;
4) if having a necessary number of members on the ground of membership application forms, in conformity with articles 219 and 220 of the present Law;
5) if entered into the register in conformity with the law and other regulations.
In determining the representativeness of a trade union on the ground of the number of members, the priority shall be given to the last signed trade union membership application form.
Article 219
A representative trade union at an employer shall be considered a trade union meeting the requirements specified in Article 218 of the present Law, and the requirement of being joined by a minimum of 15% of the total number employed with the employer.
A representative trade union at an employer shall also be considered a trade union in a branch, group, subgroup or line of business, joined by a minimum of 15% of the total number of employed with that employer.
Article 220
A representative trade union for the territory of the Republic of Serbia, and/or of a territorial autonomy unit or local self-government, and/or for a branch, group, subgroup or line of business, shall be considered a trade union meeting the requirements specified in Article 218 of the present Law, and being joined by a minimum of 10% of the total number of employed in the branch, group, subgroup or line of business, and/or in the territory of a specific territorial unit.
5. Representativeness of Association of Employers
Article 221
An association of employers shall be considered representative:
1) if entered into the register in conformity with the law;
2) if having a necessary number of employees with the employer - members of the association of employers, in conformity with Article 222 of the present Law.
Article 222
A representative association of employers, in terms of the present Law, shall be considered an association of employers joined by 10% of the total number of employers in a branch, group, subgroup or line of business, and/or in the territory of a specific territorial unit, with the proviso that such employers employ a minimum of 15% of the total number of employees in a branch, group, subgroup or line of business, and/or in the territory of a specific territorial unit.
6. Determining Representativeness of Trade Union and Association of Employers
1) Body Competent for Determining Representativeness
Article 223
Representativeness of a trade union at an employer shall be determined by the employer in the presence of representatives of the interested trade union, in conformity with the present Law.
A trade union may submit a request for determining the representativeness to the Board of Determining Representativeness of Trade Unions and Associations of Employers (hereinafter: Board):
1) should representativeness be not determined in terms of paragraph 1 of the present Article within 15 days from the day of submitting the request;
2) should it consider that the representativeness of the trade union is not determined in conformity with the present Law.
Article 224
Representativeness of a trade union for the territory of the Republic of Serbia, and/or of a territorial autonomy or local self-government unit, and/or in a branch, group, subgroup or line of business, and the representativeness of the association of employers -- shall be determined by the minister, at the proposal of the Board, in accordance with the present Law.
Article 225
The Board shall be composed by three each of the representatives of Government, the trade union and the association of employers, who shall be nominated for a four year term of office.
The representatives of Government shall be nominated by the Government at the proposal of the minister, and representatives of the trade union and the association of employers shall be nominated by trade unions and associations of employers - members of the Social and Economic Council.
Administrative and professional jobs shall be performed for the Board by the ministry.
2) Request for Determining Representativeness
Article 226
The request for determining representativeness (hereinafter: request) in terms of Article 223, paragraph 1 of the present Article shall be submitted by the trade union to the employer.
Enclosed to the request shall be the evidence regarding the fulfillment of conditions of representativeness specified in Article 218, paragraph 1, items 4/ and 5/, and Article 219 of the present Law.
Article 227
The request for determining representativeness in terms of Article 223, paragraph 2 and Article 224 of the present Law, a trade union and/or association of employers shall submit to the Board.
Evidence on meeting the requirements of representativeness specified in Article 218, paragraph 1, items 4/ and 5/, and articles 219 through 222 of the present Law and, for a trade union at an employer, also the evidence on meeting the requirements specified in Article 223, paragraph 2 of the present Article, shall be enclosed to the request.
The request shall include a statement on the number of members, by the person authorised to act on behalf and to represent the trade union, and/or the association of employers.
Total number of employees and employers in the territory of a specific territorial unit, in a branch, group, subgroup or line of business shall be determined on the ground of data supplied by the agency in charge of statistics, and/or other agency keeping the corresponding records.
Total number of employees with an employer shall be determined on the ground of an attestation issued by the employer.
At the request of a trade union, an employer shall be bound to issue the attestation regarding the number of employees.
3) Procedure Relating to Request
Article 228
The procedure of determining representativeness of a trade union at an employer shall be joined also by the representatives of trade unions established at the employer.
Competent to decide on the request specified in Article 226 of the present Law shall be the employer on the ground of submitted evidence as to meeting the requirement for representativeness, within 15 days from the day of submitting the request.
Article 229
The Board shall determine whether the request and the evidence are submitted in conformity with Article 227 of the present Law.
At the demand of the Board, the submitter of the request shall forward the trade union membership application forms, and/or agreements and other evidence relating to employers' joining the association of employers.
The submitter of the request shall be bound to eliminate the defaults within 15 days, should evidence specified in Article 227 of the present Law be not forwarded.
A request shall be considered regular and timely forwarded after the submitter has eliminated defaults within the time limit specified in paragraph 3 of the present Article.
Article 230
At the proposal of the Board, the minister shall render a resolution on rejecting the request:
1) where a trade union at an employer submitted a request prior to submitting the request for determining representativeness to the employer, and/or prior to the expiry of the time limit specified in Article 223, paragraph 2, item 1/ of the present Law;
2) should the submitter of request fail to eliminate defaults within the time limit specified in Article 229, paragraph 3 of the present Law.
Article 231
The minister shall render a ruling on determining representativeness of a trade union, and/or association of employers, at the proposal of the Board, if requirements are met as specified in the present Law.
The ruling specified in paragraph 1 of the present Article shall be rendered within 15 days from the day of submitting the request, and/or the day of elimination of defaults in terms of Article 229, paragraph 3 of the present Law.
At the proposal of the Board, the minister shall render a ruling on rejecting the request, should a trade union, and/or association of employers, fail to meet the requirements of representativeness as specified by the present Law.
An administrative dispute may be instituted against the ruling referred to in paragraphs 1 and 3 of the present Article.
Article 232
The minister may require from the Board a reassessment of the proposal for determining representativeness within an eight day time limit from the day of submitting the proposal, after finding that not all the facts essential for determining representativeness have been established.
The Board shall be bound to take stand relating to the request specified in paragraph 1 of the present Article, and to forward a final proposal within a three day time limit from the day of forwarding the request for reassessment of the proposal of the Board.
The minister shall be bound to proceed with the proposal specified in paragraph 2 of the present Article and to render a ruling in terms of Article 231 of the present Law.
4) Reassessment of a Determined Representativeness
Article 233
A trade union, employers and an association of employers may submit a request for reassessment of an already determined representativeness after the expiry of a three day time limit from the day of rendering the ruling specified in Article 228, paragraph 2, Article 231, paragraph 1, and Article 232, paragraph 3 of the present Law.
The reassessment of representativeness of a trade union at an employer, as determined by employer's ruling, may be initiated by the employer, and/or at the request of another trade union at that employer.
A request for reassessment of representativeness of a trade union atan employer, as determined by the minister, may be submitted by the employer the trade union is established at, whose representativeness is in the course of reassessment, or by another trade union at the same employer.
The request for reassessment of the representativeness of the trade union, specified in Article 220 of the present Law, may be submitted by a trade union established for a territorial unit, and/or branch, group, subgroup or line of business the trade union, whose representativeness is in course of reassessment, was established for.
The request for reassessment of representativeness of an association of employers, specified in Article 222 of the present Law, may be submitted by an association of employers established for a branch, group, subgroup or line of business, and/or territorial unit the association of employers, whose representativenes is in course of reassessment, was established for.
Article 234
The request specified in Article 233, paragraph 2 of the present Law shall be submitted to the employer at which the trade union whose representativeness is in course of reassessment was established at.
The request and the initiative specified in Article 233, paragraph 2, shall include the name of the trade union, the number of registration act, reasons for reassessment of representativeness and the relevant evidence.
The employer shall be bound, within eight days from the day of receipt of the request specified in paragraph 1 of the present Article, and/or from instituting the initiative specified in paragraph 2 of the present Article, to notify on the matter the trade union whose representativeness is in course of reassessment, and to request it to forward evidence as to meeting the requirements for representativeness, in conformity with the present Law.
The trade union shall be bound, within eight days from the day of receipt of notification specified in paragraph 3 of the present Article, to forward to the employer the evidence relative to meeting the requirements for representativeness.
Article 235
The request specified in Article 233, paragraphs 3 through 5 of the present Law shall be submitted to the Board, and shall include the name of the trade union, and/or association of employers, the level at the moment of establishment, the number of registration act, reasons for the reassessment of representativeness, and the indication of relevant evidence.
The Board shall be bound, within eight days from receipt of the request specified in paragraph 1 of the present Article, to notify on the matter the trade union, and/or association of employers whose representativeness is in course of reassessment, and to request furnishing of evidence on meeting the requirements of representativeness, in conformity with the present Law.
A trade union, and/or an association of employers shall be bound, within a 15 day time limit from the receipt of notification referred to in paragraph 2 of the present Article, to forward to the Board the evidence relative to meeting the requirements of representativeness.
Article 236
The proceedings for reassessment of representativeness of a trade union, and/or an association of employers shall be conducted pursuant to provisions of articles 228 through 232 of the present Law.
Article 237
A ruling on representativeness and a ruling on forfeiture of representativeness of a trade union for a specific branch, group, subgroup or line of business, and/or for a territorial unit, as well as a ruling on determining the representativeness, and a ruling on forfeiture of representativeness of an association of employers, shall be made public in the "Official Herald of the Republic of Serbia".
7. Legal and Business Capacity of Trade Union and Association of Employers
Article 238
A trade union and an association of employers shall acquire legal entity status on the day of filing into the register, in conformity with the law and other piece of legislation.
Article 239
A trade union, and/or an association of employers whose representativeness has been determined in conformitywith the present Law, shall be entitled to:
1) collective bargaining and entering into a collective agreement at a corresponding level;
2) take part in settling collective labour disputes;
3) take part in the work of tripartite and multipartite bodies on acorresponding level;
4) other rights in conformity with the law.
1. Subject and Form of Collective Agreement
Article 240
A collective agreement shall be, in conformity with the law and other regulations, an instrument of regulation of rights, duties and responsibilities in the sphere of employment relation, of procedure of amending a collective agreement, of mutual relations of parties to the collective agreement, and of other matters of importance to employee and employer.
A collective agreement shall be concluded in writing.
2. Kinds of Collective Agreements
Article 241
A collective agreement may be concluded as a general, special, and as an agreement with an employer.
Article 242
A general collective agreement and a special collective agreement for a particular branch, group, subgroup or line of business shall be concluded for the territory of the Republic of Serbia.
Article 243
A special collective agreement shall be concluded for the territory of a unit of territorial autonomy or local self-government.
3. Parties to the Process of Conclusion of Collective Agreement
Article 244
A general collective agreement shall be concluded between a representative association of employers and a representative trade union established for the territory of the Republic of Serbia.
Article 245
A special collective agreement for a branch, group, subgroup or line of business shall be concluded by a representative association of employers and a representative trade union, established for the branch, group, subgroup or line of business.
A special collective agreement for a territory of territorial autonomy and local self-government unit shall be concluded by a representative association of employers and a representative trade union, established for a territorial unit for which the collective agreement is in course of conclusion.
Article 246
A special collective agreement relating to public enterprises and public services shall be concluded between a founder, and/or agency authorised by him, and a representative trade union.
A special collective agreement relating to persons engaged in the activity in the spheres of fine arts and culture (free-lance artists) shall be concluded between a representative association of employers and a representative trade union.
Special collective agreement relating to sportsmen, coaches and sports experts shall be concluded by a representative association for sports activity in the sphere of physical culture, and a representative trade union.
Article 247
A collective agreement at an employer relating to public enterprises and public services, shall be concluded by a founder, and/or agency authorised by him, and a representative trade union at the employer and the employer. On behalf of the employer, the collective agreement shall be signed by the director.
Article 248
A collective agreement at an employer shall be concluded by the employer and the representative trade union at the employer. On behalf of the employer, the collective agreement shall be signed by the director, and/or entrepreneur.
Article 249
Should none of the trade unions, and/or none of the associations of employers meet the requirements of representativeness in terms of the present Law, the trade union and/or the association of employers may conclude an agreement of association for the purpose of fulfilling the requirements of representativeness, as determined by the present Law, and of taking part in the conclusion of the collective agreement.
Article 250
If a trade union is not established at an employer, the earnings, compensation of earnings and other income of employees may be regulated by an agreement.
The agreement shall be considered concluded following the signature of the director and/or entrepreneur, and the representative of the council of employees who was authorised by a minimum of 50% of the total number of employees with the employer.
The agreement shall cease to be valid on the day of entering into force of the collective agreement.
4. Bargaining and Concluding Collective Agreement
Article 251
Where several representative trade unions or representative associations of employers, and/or trade unions or associations of employers who have concluded an agreement of association in terms of Article 249 of the present Law, take part in concluding a collective agreement - a negotiation board shall be established.
Members of the board referred to in paragraph 1 of the present Article shall be determined by the trade unions, and/or associations of employers, in proportion to the number of members.
Article 252
In the bargaining procedure aimed at concluding a collective agreement at an employer, the representative trade union shall be obliged to cooperate with a trade union joined by a minimum of 10% of employees with the employer, in order to express the interests of employees who are members of that trade union.
Article 253
Representatives of trade unions and of associations of employers taking part in bargaining procedure aimed at concluding a collective agreement, and entering into collective agreement, have to be authorised by their organs.
Article 254
Participants in the procedure of concluding a collective agreement shall be obliged to bargain.
Should in course of bargaining an agreement be not reached for concluding the collective agreement within 45 days from the day of commencement of bargaining, the participants may establish an arbitration for settling the disputed issues.
As far as activities of general interest are concerned, disputes in the procedure of conclusion, amending and implementation of collective agreements shall be settled in conformity with the law.
Article 255
Composition, way of work and the effect of an arbitration settlement shall be determined by the participants in the procedure of conclusion of collective agreement.
Deadline for rendering the decision may not exceed 15 days from the day of establishing the arbitration.
5. Implementation of Collective Agreements
Article 256
A general and a special collective agreement shall be implemented directly and shall bind all the employers who, in course of the procedure of conclusion of collective agreement, were members of the association of employers - party to the collective agreement.
The collective agreement specified in paragraph 1 of the present Article shall be binding also on the employers who have subsequently become members of the association of employers - party to the collective agreement, as of the day of joining the association of employers.
The collective agreement shall be binding on the employers specified in paragraphs 1 and 2 of the present Article six months following the withdrawal from the association of employers - party to thecollective agreement.
Article 257
The minister may decide that a collective agreement or some of the provisions thereof shall also apply to employers who are not members of the association of employers - party to the collective agreement.
The minister shall render the decision referred to in paragraph 1 of the present Article should justified interest exist thereof, and particularly:
1) for the purpose of putting into effect the economic and social policies in the Republic of Serbia, with the aim of providing equalconditions of labour that amount to the minimum of rights of employees deriving from labour and on the ground of work;
2) with the aim of attenuating the differences among earnings in a particular branch, group, subgroup or line of business that essentially influence social and economic position of employees, bringing thus about the unfair competition, on condition that the collective agreement whose effect is in the process of extending, binds the employers who employ a minimum of 30% of the employees in a particular group, subgroup or line of business.
The decision referred to in paragraph 2 of the present Article shall be rendered by the minister at the request of one of the participants in the conclusion of collective agreement whose effect is in the process of extending, and after obtaining an opinion from the Social and Economic Council.
Article 258
At the request of an employer or an association of employers, the minister may decide that the collective agreement specified in Article 257 of the present Law, in the part referring to earnings and compensation of earnings, be not applicable to individual employers or associations of employers.
An employer and/or association of employers may submit a request for exemption from implementation of a collective agreement with the extended effect, should due to financial and business results they be unable to implement the collective agreement.
The employer or association of employers shall be bound to enclose to the request, specified in paragraph 2 of the present Article, the evidence relating to reasons for exemption from the implementation of the collective agreement with extended effect.
Article 259
The decision on exempting from implementation of a collective agreement shall be rendered by the minister after obtaining the opinion of the Social and Economic Council.
Article 260
The minister may declare null and void a decision on extending the effect of a collective agreement and a decision on exempting from implementation of a collective agreement, should the reasons specified in Article 257, paragraph 2 and Article 258, paragraph 2 of the present Law cease to exist.
The decision referred to in paragraph 1 of the present Article shall be rendered pursuant to the procedure for rendering decision on extending the effect of a collective agreement, and/or decision on exempting from implementation of a collective agreement.
The decision specified in articles 257 and 259 of the present Law shall cease to be valid with the termination of validity of the collective agreement, and/or individual provisions whose effect was extended and/or exempted.
Article 261
The decision specified in articles 259 and 260 shall be published in the "Official Herald of the Republic of Serbia".
Article 262
A collective agreement at an employer shall be binding also upon those employed with the employer who are not members of trade union - signatory to the collective agreement.
6. Validity and Cancellation of Collective Agreement
Article 263
A collective agreement shall be concluded for a period not exceeding three years.
After the expiry of the time limit specified in paragraph 1 of the present Article, a collective agreement shall cease to be valid, unless parties to the collective agreement agree otherwise, within 30 days at the latest, prior to expiry of the term of validity of the collective agreement.
Article 264
Validity of a collective agreement before the expiry of the time limit specified in Article 263 of the present Article may cease by agreement between all the parties, or by cancellation in the manner stipulated by such agreement.
In the event of cancellation, the collective agreement shall be applicable for six months, at the latest, from the day of submitting the notice of cancellation, with the proviso that the parties shall be bound to commence the procedure of bargaining within 15 days, at the latest, from the day of submitting the notice of cancellation.
Article 265
Disputed issues in the implementation of collective agreements may be settled by an arbitration established by the parties to collective agreement, within 15 days of the date on which the dispute has taken place.
The arbitration decision on a disputed issue shall be binding on the parties.
The composition and the way of work of arbitration shall be regulated by collective agreement.
Participants in concluding a collective agreement may exercise protection of their rights determined in the collective agreement before a competent court.
8. Registration of Collective Agreements
Article 266
A general and a special collective agreement, as well as their amendments, shall be registered with the ministry.
The contents and procedure of registration of collective agreements shall be prescribed by the minister.
9. Making Public of Collective Agreement
Article 267
A general and a special collective agreement shall be published in the "Official Herald of the Republic of Serbia".
The manner of publication of other collective agreements shall be determined in these collective agreements.
Article 268
Supervision over implementation of the present Law, other employment-related regulations, general acts and employment contracts regulating the rights, obligations and responsibilities of employees shall be effected by the labour inspection.
Article 269
In effecting supervision duties, the labour inspector shall be authorised to order by a ruling an employer to eliminate, within a specific time limit, the violations of law, general act or employment contract that were established.
The employer shall be bound to notify the labour inspection, not later than 15 days of the expiry of the time limit for elimination of the established violation, on carrying out of the ruling.
Article 270
The labour inspector shall submit a request for instituting infraction proceedings after finding that an employer, and/or director or entrepreneur, has committed an infraction by violating the laws and other regulations covering employment relations.
Article 271
Should a labour inspector find that a ruling of an employer, relating to cancellation of an employment contract, obviously violates the right of an employee, and the employee has instituted a labour dispute before a court, such inspector shall, at employee's request, postpone by his ruling the carrying out of that ruling - until a finally binding court decision be rendered.
The employee may submit the request specified in paragraph 1 of the present Article within 30 days of instituting a labour dispute before the court.
The labour inspector shall be bound to render a ruling on postponing employer's ruling on cancelling the employment contract within 15 days of the date of submitting employee's request, should the requirements be met as specified in paragraphs 1 and 2 of the present Article.
Article 272
A complaint against a ruling of the labour inspector may be lodged to the minister within eight days of the day of forwarding the ruling.
The complaint against the ruling specified in Article 271 of the present Law shall not postpone the enforcement of the ruling.
The minister shall be bound to decide on the complaint within 15 days of the day of receipt of the complaint.
An administrative dispute may not be instituted against a finally binding ruling referred to in Article 271, paragraph 1 of the present Law.
Article 273
A fine of from 800,000 to 1.000,000 dinars shall be imposed for a violation upon an employer in the capacity of legal entity:
1) should he transgress the prohibition of discrimination in terms of the present Law (articles 18 through 21);
2) should he fail to conclude employment contract or another contract, in terms of the present Law, with a person engaged in work (Article 33 and articles 197 through 202);
3) should he fail to hand over to the employee a photocopy of the mandatory social insurance application form (Article 35);
4) should he fail to pay earnings, and/or minimal earnings (articles 104 and 111);
5) should he fail to pay earnings in money, except in the case specified in Article 45 of the present Law (Article 110);
6) should he fail to develop a solution-finding program of manpower redundancy (Article 153);
7) should he cancel the employment contract of an employee contrary to provisions of the present Law (articles 179 through 181 and articles 187 and 188);
8) if until the day of termination of employment he fails to pay to the employee all due earnings, compensation of earnings and other income (Article 186);
9) should he fail to proceed according to the ruling of a labour inspector, in conformity with the provisions of the present Law (Article 271);
10) if he obstructs a labour inspector engaged in exercising supervision, and/or renders impossible the performance of inspector's supervision.
A fine of from 400,000 to 500,000 dinars shall be imposed for violation specified in paragraph 1 of the present Article upon an entrepreneur.
Afine of from 40,000 to 50,000 dinars shall be imposed for violation specified in paragraph 1 of the present Article upon a person in charge in a legal entity.
Where by the commission of a violation referred to in paragraph 1 of the present Article, property damage has been caused to an employee or another natural person or legal entity, a protective measure - prohibition of performing the activity, may be imposed, as well, upon an employer, in conformity with the law.
Article 274
A fine of from 600,000 to 1.000,000 dinars shall be imposed for a violation upon an employer in capacity of legal entity:
1) should he call to account a representative of the employees who acts in compliance with the law and collective agreement (Article 13);
2) should he establish employment relation with a person under 18 years of age, contrary to the provisions of the present Law (Article 25);
3) should he fail to register an employment contract with the local self-government agency in charge, in conformity with the provisions of the present Law (Article 46);
4) should he order an employee to work overtime contrary to the provisions of the present Law (Article 53);
5) if he has re-scheduled the working hours contrary to the provisions of the present Law (articles 57, 59 and 60);
6) should he fail to make possible to an employee working by night, to perform work in course of the day, contrary to the provisions of the present Law (Article 62);
7) should he fail to make possible to an employee working in shifts, the alternation of shifts, contrary to the provisions of the present Law (Article 63);
8) should he order an employ under 18 years of age to work contrary to the provisions of the present Law (articles 84, 87 and 88);
9) should he order an employee between 18 and 21 years of age to work contrary to the provisions of the present Law (Article 85);
10) should he fail to provide protection of maternity, as well as rights on the ground of care for the child and special care for the child or other person, in conformity with the provisions of the present Law (articles 89 through 100);
11) should he fail to pay out to an employee the compensation of earnings, to refund expenses, and/or pay out other income in conformity with the provisions of the present Law (articles 114 through 120);
12) should he fail to submit a pay abstract of account to an employee in conformity with the provisions of the present Law (Article 121);
13) should he fail to keep monthly records of earnings in conformity with the provisions of the present Law (Article 122);
14) should he deny an employee the employment-related rights contrary to the provisions of the present Law (Article 147);
15) should he pass a decision on suspension from work of an employee contrary to the provisions of the present Law, or should he suspend the employee from work for a period exceeding the time limit prescribed by the present Law (articles 165 through 170);
16) should he offer to an employee the conclusion of an annex to the contract contrary to the provisions of the present Law (articles 171 through 174);
17) if he decides on an individual right, duty or responsibility of an employee, and fails to render a ruling thereof, or fails to deliver it to the employee in conformity with the provisions of the present Law (Article 193);
18) Should he fail to proceed according to a ruling of labour inspector in conformity with the provisions of the present Law (Article 269).
A fine of from 300,000 to 500,000 dinars shall be imposed upon an entrepreneur for a violation specified in paragraph 1 of the present Article.
A fine of from 30,000 to 50,000 dinars shall be imposed upon a person in charge in legal entity for a violation specified in paragraph 1 of the present Article.
Article 275
A fine of from 400,000 to 800,000 dinars shall be imposed upon an employer in capacity of a legal entity:
1) should he deny an employee the right to annual leave (Article 68 and Article 75, paragraph 3);
2) should he deny the right to return to work of an employee who has realised a right to the stay of employment (Article 79);
3) should he fail to enable an employee to perform jobs as appropriate to the remaining working ability, and/or another appropriate job (Article 101).
A fine of from 100,000 to 300,000 dinars shall be imposed for a violation specified in paragraph 1 of the present Article upon an entrepreneur.
A fine of from 20,000 to 40,000 dinars shall be imposed upon a person in charge in a legal entity for a violation specified in paragraph 1 of the present Article.
Article 276
A fine of 20,000 dinars shall be imposed on the spot upon an employer in capacity of legal entity and an entrepreneur:
1) should he fail to provide a rest period during a daily work, the daily and the weekly rest in conformity with the provisions of the present Law (articles 64 through 67);
2) should he deny an employee the right to severance pay in conformity with the provisions of the present Law (Article 158);
3) should he deny an employee the right to dismissal period and/or to compensation of earnings in conformity with the present Law (Article 189);
4) should he fail to return to an employee the appropriately filled out employment record booklet (Article 204).
A fine of 5,000 dinars shall be imposed for a violation specified in paragraph 1 of the present Article upon a person in charge in a legal entity.
The fine referred to in paragraphs 1 and 2 of the present Article shall be collected by a labour inspector on the spot.
XXIII TRANSITIONAL AND CONCLUDING PROVISIONS
Article 277
Until the enactment of the subordinate legislation referred to in articles 46, paragraph 2, 96, paragraph 5, 103, paragraph 6, 204, paragraph 6, 217, paragraph 2 and 266, paragraph 2 of the present Law, the following shall remain in force:
1) The Rules on the Manner and Procedure of Registration of Employment Contracts for Performing Jobs outside Employer's Premises and for Household Help Jobs ("Official Herald of the RS", No. 1/2002);
2) The Rules on Conditions, Procedure and Manner of Exercising the Rights to Absence from Work with the Purpose of Special Care of the Child ("Official Herald of the RS", No. 1/2002);
3) The Rules on the Mannery of Issuance and Contents of the Attestation Relating to Taking Place of Temporary Impediment for Work of an Employee in Terms of Health-Care Regulations ("Official Herald of the RS", No. 1/2002);
4) The Rules on Work-Booklet ("The Official Herald of the RS", No. 17/97);
5) The Rules on Filing Trade Union Organisations into the Register ("Official Herald of the RS", Nos. 6/1997, 33/1997, 49/2000, 18/2001 and 64/2004);
6) The Rules on Registration of Collective Agreements ("Official Herald of the RS", No. 22/1997).
Article 278
An employer shall be bound to employees who have established employment relation until the day of entering into force of the present Law, and who lack the contract of employment, to conclude a contract of regulating mutual rights, duties and responsibilities, that has to include the elements referred to in Article 33, paragraph 1 of the present Law, except for those specified in items 4/ through 8/.
The contract specified in paragraph 1 of the present Article shall not be the ground for establishing employment relation.
Article 279
Employers who until the entering into force of the present Law, have rendered a decision on re-scheduling working hours for 2005, shall organise the working time of employees according to that decision.
Article 280
An employee who on effective date of the present Law has not used the entire annual leave for 2004, shall use the annual leave for that year in compliance with the regulations that were in force before the day of entering into force of the present Law, should this be more convenient to the employee.
Article 281
The procedure for cancelling an employment contract commencing and not completed until the coming into force of the present Law, shall be completed pursuant to the regulations that were in force until the date of coming into force of the present Law.
Article 282
A procedure of determining manpower redundancy that commenced, but was not completed until the coming into force of the present Law, shall be completed pursuant to the regulations that were in force until the date of coming into force of the present Law.
An employee whose right was determined, on the ground of termination of the need for his work, by a finally binding decision of a competent agency on the basis of regulations in force until the date of coming into force of the present Law - shall continue to exercise that right according to these regulations.
Article 283
An employee whose right to pecuniary compensation was determined in terms of Article 107 of the Labour Law ("Official Herald of the RS", Nos. 70/2001 and 73/2001) until the date of coming into force of the present Law - shall continue to exercise the right to pecuniary compensation in accordance with that Law.
Article 284
The provisions of a collective agreement in force on the day of entering into force of the present Law, and that are not contrary to the present Law, shall remain in force until the conclusion of a collective agreement in conformity with the present Law.
The provisions of a general and of special collective agreements concluded prior to 21 December 2001, and that are in force on the day of coming into force of the present Law, and are not contrary to the present Law, shall remain in force until the conclusion of collective agreements in conformity with the present Law - within six months, at the latest, as of the day of coming into force of the present Law.
Article 285
The election of Fund's bodies, in accordance with the provisions of articles 129 through 136 of the present Law, shall be held within 30 days as of the day of coming into force of the present Law.
The employees whose right to claim, in terms of Article 139, paragraph 2 of the present Law, is determined as effective from the day of coming into force of the present Law to the day of electing the bodies of the Fund - shall submit the request within 15 days as of the date of holding election for the bodies of the Fund.
Article 286
On the day the present Law comes into force, the Labour Law ("Official Herald of the RS", Nos. 70/2001 and 73/2001) shall cease to be valid.
Article 287
The present Law shall come into effect on the eighth day following the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amending the Labor Law
("Official Herald of the RS", No. 61/2005)
Article 11
An employed woman who has commenced the maternity leave in conformity with Article 94 of the Labor Law ("Official Herald of the RS", No. 24/05) until the day of coming into force of the present Law -- shall continue to exercise the right to maternity leave and to be absent from work to nurse a child in accordance with the provisions of that Article.
The right specifiedf in paragraph 1 of the present Article shall pertain to the father of the child as well.
Article 12
The provisions of Article 118, items 5/ and 6/ of the Labor Law ("Official Herald of the RS", No. 24/05), shall not apply as from the day of coming into force of the present Law, and shall apply beginning with 1 January 2006.
The provisions of Article 120, items 2/ and 3/ of the Labor Law ("Official Herald of the RS", No. 24/05) shall cease to be valid on 1 January 2006.
Article 13
The present Law shall come into force on the day following the day of publication in the "Official Herald of the Republic of Serbia", and the provision of Article 4 of the present Law shall apply as of 1 January 2006.
Independent Article of the Law on Amending the Labour Law
("Official Herald of the RS", No. 54/2009)
Article 2
The present Law shall enter into force on the eighth day after its publication in the "Official Herald of the Republic of Serbia".