EMPLOYMENT LAW – LAW FIRM BELGRADEIvan
Employment law is legal area which regulates relationship between two, generally conflicted society-economic groups: employers and employees.
The development history of employment law was very slow and it should to pass centuries for recovering the importance of employment law. Employment law is constituted as compromis between the interest of maximize profit, which is agenda of employers and the interest of providing dignitive and human conditions of employment, which is agenda of employees.
The fundamental legislation in the domain of employment law in the Republic of Serbia is Employment Act (“Off. Herald of RS”, Nos. 24/2005,61/2005,54/2009, 95/2018). Its importance is based on fact that it guarantee minimum employment rights and minimum conditions of employment. This Act requires the employer to provide the employee with a document containing the terms and conditions of employment – employment contract. The employment contract includes the following: identities of parties, statement whether is formed for an indefinite or definite period of time, job title, type and level of qualification, description of activities, work location, the amount of salary and frequence of pay, hours of work etc.
The employment law is the most practical legal area which attract huge group of people. It is almost impossible for us to find person who is not interested for employment issues as: holiday entitlement, health and safety, paid leave from work, dismissal, transfer to different job title or work location and others.
Matters related to termination of employment, such as unfair dismissal, discriminatory dismissal or redundancy dismissal are governed by Employment Act. Employee can submit lawsuit before regular court within 60 days starting to the day of getting unlawful dismissal. The court has the power to repeal unfair/discriminatory dismissal and reinstatement the employee on his job. It may also order compensation for loss of prospective earnings and exemplary damages.
Employment law also deals with the issues of employment foreigners in the Republic of Serbia. This matters are governed by: the Law on Foreigners (Official Gazette of the RS no. 24/2018) and the Law on Employment of Foreigners (Official Gazette of the RS no. 128/2014, 113/2017 and 50/2018). The foreigners can be employed in the Republic of Serbia under the conditions to get: 1) temporary residence permit or permanent residence permit and 2) permit for work. The permit for work is legal document which authorizes the foreigners to be employed or self-employed in the Republic of Serbia.
On the other hand, labour law refers to the negotiation, collective bargaining and arbitration processes. Labour law primarly deal with the relationship between employers and trade unions. These laws grant employees the right to unionise and allow employers and employees to engage in certain activities such as strikes, picketing, seeking injunctions, lockouts so as to have their demands fulfilled.
For more information about this area of law you can contact our Law office.