Contracts in Labour Law

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The Labour Law prescribes the rights and obligations of both employees and employers. The employer is obliged to inform the employee about the conditions and organization of work and the rights and obligations of an employee in the field of occupational health and safety. The employment contract, which is concluded before the employment of an employee, contracts the employment conditions, which may not be less favourable than the conditions prescribed by the law. If the contract contains such provisions, it is null and void, and the right to determine nullity in court is not subject to a statute of limitations.

Some of the rights prescribed by the Labour Law are the right to limited working hours, rest during daily work, daily, weekly and annual leave, as well as the right to earnings, salary compensation and other income.

An employer may cancel an employee's contract of employment only in cases and in the procedure prescribed by the law.

The awareness of the basic rights and obligations prescribed by the Labour Law is crucial because it represents an advantage for the employee when establishing an employment relation, since the employee, in this way, has awareness of all his/her rights. Thanks to this awareness, he/she can recognize bad employers who ignore the Law and do not respect the rights of employees, and, accordingly, can report the employer to the competent labour inspection. An employee may also seek protection of his/her rights through the court, as well as try to amicably resolve the labour dispute through the Republic Agency for Amicable Settlement of Labour Disputes.

In order to protect the rights of persons engaged in employment, it is important to know that in addition to the employment contract, other contracts can be concluded under limited conditions as well, as follows:

CONTRACTS IN LABOUR LAW:

- employment contract

- contract on performance of temporary and occasional jobs

- temporary service contract

- additional employment contract

- vocational training contract

- professional development contract

- contract on hiring persons for seasonal work in agriculture, etc. areasž

- volunteering contract

CONTRACT ON PERFORMANCE OF TEMPORARY AND OCCASIONAL JOBS (PP JOBS):

Contract on performance of temporary and occasional jobs are concluded only for temporary and occasional-character jobs; they are not systematized by the employer's regulations and do not last longer than 120 working days in the calendar year.

Only unemployed, old-age pensioners, members of a youth and student cooperative up to 30 years of age and part-time employees can be hired by contract on performance of temporary and occasional jobs and up to half full-time working hours.

TEMPORARY SERVICE CONTRACT

Temporary service contracts are concluded for the performance of activities other than the employer’s activity, including not only the main activity - registered in the Agency for the business registers, but also all other activities performed by the employer.

ADDITIONAL EMPLOYMENT CONTRACT

Additional employment contracts are concluded for engagement of full-time employee for not longer than 1/3 of full-time working hours and with another employer.

VOCATIONAL TRAINING CONTRACT

Vocational training contracts are concluded for an engagement of a trainee in order to perform internship and / or take the trainee / professional exam.

Requirements needed to conclude vocational training contract are :

- that the jobs are systematized with the general act of the employer and that the internship is provided for

- that it is a person with no work experience or insufficient working experience

Vocational training contract can be concluded for a maximum of one year if the law does not specify a longer period.

PROFESSIONAL DEVELOPMENT CONTRACT

Professional development contract can be concluded for the purpose of professional development and acquisition of specific knowledge and skills in accordance with the employer’s training program under special regulations.

SEASONAL WORK IN AGRICULTURE

The seasonal jobs in agriculture are regulated by the Law on Simplified Work Engagement on Seasonal Jobs in Certain Activities (applied from January 7, 2019)

Seasonal workers can only be engaged in specific jobs that are seasonal in agriculture or other activities.

Seasonal worker is entitled to get familiar with the working conditions before they start the engagement and to obtain a certificate of work engagement.

Employer is obliged to provide basic working conditions, as follows:

- limited working hours, break during daily work, daily and weekly rest

- right to safety and health at work

- right to remuneration for work per working hour, which may not be lower than the minimum wage

- right to pension and disability insurance and health insurance in the event of injury at work and occupational diseases

VOLUNTEERING

Volunteering is regulated by the Law on Volunteering and represents an organized and voluntary provision of services for the general good and good of other persons, without any compensation or other material gain.

Volunteering can be short-term and long-term (at least 3 months without interruption and more than 10 hours a week); in the case of long-term volunteering, a contract on volunteering is obligatory, and in case of short-term volunteering, a volunteering certificate is issued at the request of the volunteer.

The organizer of the volunteering is obliged to insure volunteers in the event of an injury at work and professional illness - in the case of long-term volunteering and in other cases when the insurance is contracted.

Volunteering may not replace the work of employees, nor other forms of work engagement (vocational training for independent work in the profession, professional development, professional practice, etc.)

Volunteering is not considered to be a work as a member of an association, trade union, political party, etc.

In the case of long-term volunteering, the volunteers may be provided pocket money - up to 30% of the net amount of the minimum monthly salary in the Republic of Serbia.

Companies and public companies may organize volunteering only with the previously obtained approval of the Ministry of Labour, Employment, Veterans' Affairs and Social Affairs.

Employment and work engagement programmes

Subsidized Employment Programs

Support for employment of persons from the category of persons more difficult to be employed is provided through subsidized employment programs with an employer belonging to the private sector, while training for entrepreneurship development, self-employment subsidy program and mentoring program are available for unemployed persons with a quality entrepreneurial ideas.

Public Works

Work engagement that primarily aims at unemployed more difficult to be employed and unemployed persons in a state of social need, in order to preserve and improve the working capacities of the unemployed, as well as to achieve specific social interest, is supported by the public works program.

Recognition of diplomas earned abroad

Recognition of a foreign school document is a procedure by which one diploma acquired abroad is equalized with a valid public document of the Republic of Serbia, and individually acquires the right to continue education and / or employment. This procedure is conducted by the ENIC / NARIC Center, as an organizational unit of the Agency for Qualifications on the basis of the Law on the National Qualification Level of the Republic of Serbia.