21. Dec 2017
The Parliament of the Republic of Serbia adopted the Law on the Amendments to the Labor Law at the general meeting session held on 14 December 2017. This Law shall enter into force and start to apply as of 25 December 2017. We shall present the significant changes brought by the amendments to the Labor Law (hereinafter: LL) in the continuation of this text.
The submission of an unified application for mandatory social security
The provision by which an employer is obliged to submit an unified application for mandatory social security based on an employment contract or another contract on work performance concluded in accordance with the LL, has been entered in the LL. The deadline for the submission of the mentioned application is 3 (three) working days from the commencement of employment, i.e. from the employment contract conclusion, i.e. from the conclusion of another contract on work performance or from the date of beginning of the business activity, but at latest before an employee or another engaged person starts to work.
The consequence for failing to submit the application or for failing to submit the application by the abovementioned deadline is a misdemeanor liability of the employers. A fine ranging from 300.000,00 dinars to 1.500.000,00 dinars is prescribed for the employers with the status of a legal entity, while the fine in the range from 50.000,00 dinars to 500.000,00 dinars is prescribed for the employers with the status of natural entities.
Keeping daily records of working overtime
Current amendments to the LL introduce another obligation of an employer, which is to keep daily records of working overtime.
In the event of the violation of the abovementioned obligation, a misdemeanor liability and a fine is prescribed in the range from 150.000,00 dinars to 300.000,00 dinars for the employers with the status of a legal entity, and in the range from 50.000,00 dinars up to 150.000,00 dinars for an employer who is an entrepreneur. Additionally, a fine is prescribed for a responsible person in the legal entity, or a legal representative of a legal entity.
Providing an employee with a Warning before the termination of the employment contract
A significant novelty is also a provision which explicitly prescribes that an employee should be warned in person, at the premises of an employer or the address of an employee’s permanent address or place of residence, before the termination of the employment contract due to a violation of his work obligation or a violation of the work discipline.
In case the employer cannot send a notice to the employee in the abovementioned manner, the employer is obliged to make a written note with regard to it, as well as to post the warning on the notice board. The warning shall be considered delivered to the employee after being posted for 8 (eight) days as of the day of publication on the notice board.
The amendments to the LL have amplified a misdemeanor liability of an employer in case the employer disrespects certain obligations towards an employee, prescribed by the LL. With regard to it, the misdemeanor liability of the employer is amplified, inter alia, in case the employer denies the employee’s right to the severance payment, prescribed by the LL.