he new Labor Law brings a number of changes and obligations that relate primarily to employers. The employer is obliged that after signing a work contract with a worker, at least 1 day before commencement of work, to register it in the Central Registry of compulsory social insurance. Regardless if the employee changed his mind and did not come to the contracted day to work, the employer’s obligation is the application!
The Law on Amendments to the Labor Law was adopted, which was published in “Official Gazette RS”, no. 113/2017, dated December 17, 2017, becomes effective on December 25, 2017, brings the following papers:
The employer is obliged to submit a uniform application for compulsory social insurance on the basis of a labor contract or other contract within the deadline prescribed by the law regulating the Central Registry of compulsory social insurance, and at the latest before the employment of an employed and other working person is put into operation.
For non-compliance with the obligation to report within the stated deadline, ie failure to submit the prescribed deadline for filing a unique application for compulsory social security (Article 35, paragraph 2), a fine is imposed ranging from 300.000,00 to 1.500.000,00 RSD for employers with as a legal entity, as well as from 50,000.00 to 500,000.00 RSD for the natural person’s employer. Also, a responsible person in a legal entity may be fined between 30,000.00 and 80,000.00 RSD.
The new paragraph 6 of Act 55 of the Law prescribes the obligation for employers to keep daily records of overtime work.
In the event of non-compliance with this obligation, the employer shall be fined in the amount of 150,000 to 300,000 RSD with the status of a legal entity, and an entrepreneur with a fine ranging from 50,000 to 150,000 RSD. A responsible person in a legal entity or a legal entity’s representative may be fined from 10,000 to 20,000 RSD.
The new daily overdraft record represents additional evidence of overtime work with the employer, with the previously prescribed obligations of the employer to make a decision, ie a decision that introduces overtime work, based on which the employees, jobs, as well as the time of overtime work are determined.
Obligation to provide notice of termination of employment contract. Act 180 of the Law added a new paragraph 3 which reads as follows:
“The warning shall be sent to the employee in the manner prescribed for submitting a decision on termination of the employment contract referred to in Act 185 of this Law.”
The new delivery rules that apply from now on to provide warnings are:
must be delivered to employees in person,
– in the premises of the employer, respectively,
– to the address of the employee’s place of residence or residence.
if an employer could not provide an employee with a warning personally, he / she is obliged to make a written note thereof, in which case:
– the warning shall be published on the notice board of the employer and after the expiration of eight days from the date of publication it shall be deemed to have been delivered.
Authorization for deciding upon an appeal against the decision of the labor inspector (Act 272 of the Law). It was now given the opportunity for the minister to authorize another person to decide on the appeal, and appeals are still submitted to the minister.
New amounts of fines for misdemeanor – denial of the right to severance pay to an employee. In accordance with Act 275, this offense is sanctioned by a fine in the amount of 400,000 to 1,000,000 RSD for employers with the status of a legal entity, and for entrepreneurs from 100,000 to 300,000 RSD, while the fine for a responsible person in a legal entity is between 20,000 and 40,000 RSD.
Act 158 of the Law, the deadline for payment of the employee’s salaries due to technological, economic or organizational changes based on the termination of the employment contract is before the cancellation of the employment contract, and Act 185 of the Law provides that the employer pays all monetary obligations towards the employee, within the deadline of 30 days from the date of termination of employment.
New amounts of fines for offenses under Act 276 of the Law. The amount of fines increased from 100,000 to 150,000 to 300,000 RSD for employers with the status of a legal entity, or from 50,000 to 50,000 to 150,000 RSD for entrepreneurs. The penalties have also been increased for the responsible person in the legal entity, or a representative of a legal entity, from 10,000 to a range between 10,000 to 20,000 RSD.
Now the labor inspector no longer has the authority to warn the employer of the existence of a misdemeanor, but he / she must initiate the misdemeanor procedure for the misdemeanors prescribed by this Article, as follows:
1) if it does not keep a copy of the contract or a copy of the contract in accordance with the provisions of this law (Act 35, paragraph 1);
1a) if it does not keep a daily record of overtime work of employees in accordance with the provisions of this Law (Act 55, paragraph 6);
2) if it does not provide time for rest during daily work, daily and weekly rest in accordance with the provisions of this law (Act 64 to 67);
3) if he does not approve the use of paid leave in accordance with the provisions of this Law (Act 77);
4) if it does not keep a monthly record of earnings and compensation of earnings in accordance with the provisions of this Law (Act 122);
6) if the employee is denied the right to the notice period, ie salary compensation in accordance with this Law (Act 189);