In Serbia, the Labour Law outlines the permissible reasons for an employer to terminate an employment contract. These reasons include performance or conduct-based reasons such as an employee's inability to perform work tasks adequately, breaches of work discipline, or violations of company policy. Other reasons include business necessity, which refers to economic or technological reasons leading to a reduction in workforce or changes in business operations, and an employee's incapacity, which refers to an employee's permanent loss of ability to perform their job due to illness or injury.

Notice Requirements

When an employer terminates an employment contract, the notice period depends on the employee's length of service with the company. It generally ranges from 15 to 30 days. In some cases, such as business necessity, a notice period might not be required. On the other hand, employees must generally provide at least 15 days' notice in writing when they wish to terminate their contract. This can be extended up to 30 days per bylaws or the employment contract.

Severance Pay

Employees terminated due to business necessity or certain other reasons might be entitled to severance pay. The calculation of severance pay typically depends on the employee's length of service and salary.

Important Considerations

In cases of collective redundancies, employers might have additional obligations to consult with trade unions or employee representatives. Additionally, the Labour Law provides additional protection against termination for certain categories of employees, such as pregnant women and members of works councils.

Serbia has a comprehensive framework of anti-discrimination laws aimed at protecting individuals from unfair treatment based on various characteristics.

Protected Characteristics

Serbian anti-discrimination laws prohibit discrimination on the grounds of:

• Race
• Skin color
• Ancestry
• Citizenship
• National affiliation or ethnic origin
• Language
• Religious or political beliefs
• Gender
• Gender identity
• Sexual orientation
• Financial status
• Birth
• Genetic characteristics
• Health
• Disability
• Marital and family status
• Previous convictions
• Age
• Appearance
• Membership in political, trade union, and other organizations
• Other real or presumed personal characteristics

Redress Mechanisms

Serbia provides several avenues for individuals who have experienced discrimination to seek redress:

• Commissioner for the Protection of Equality: An independent state body responsible for investigating and resolving complaints of discrimination. The Commissioner has the power to issue recommendations, impose fines, and initiate legal proceedings.
• Courts: Individuals can pursue legal action through the court system, seeking compensation, damages, or other remedies.
• Ombudsman: An independent institution that can investigate complaints of discrimination by public authorities.

Employer Responsibilities

Employers in Serbia have significant responsibilities in preventing and addressing discrimination in the workplace. These include:

• Adopting anti-discrimination policies: Employers must develop and implement clear policies that prohibit discrimination and harassment based on protected characteristics.
• Providing training: Employers must provide regular training to employees on anti-discrimination laws, policies, and practices.
• Investigating and addressing complaints: Employers must have procedures for promptly and effectively investigating and resolving complaints of discrimination or harassment.
• Taking preventative measures: Employers are encouraged to take proactive measures to promote a diverse and inclusive workplace, such as unconscious bias training and creating a welcoming environment.

In Serbia, labor laws are well-defined and aim to create a fair and safe work environment for employees. These regulations cover aspects such as working hours, rest periods, and ergonomic requirements.

Working Hours

The standard workweek in Serbia is 40 hours, typically spread from Monday to Friday, which translates to eight hours per day. Any hours worked beyond the standard 40-hour week are considered overtime. There's a legal limit on overtime hours, with a maximum of 12 additional hours allowed per week. Employees are entitled to higher wages for overtime work, typically at a rate of 126% of their regular salary.

Rest Periods

Serbian labor law mandates a minimum daily rest period of 12 consecutive hours between work shifts, ensuring sufficient recovery time for employees. Employees are also legally entitled to a weekly rest period of at least 24 continuous hours, typically on Sundays. This extended break allows for proper rest and rejuvenation.

Ergonomic Requirements

Serbian labor law mandates that employers provide a safe and healthy work environment. While there isn't readily available information on a centralized ergonomic standard, it's likely that some provisions for ergonomics are included, though they may not be as detailed as regulations in some other countries.

Serbia has a strong legal framework that prioritizes worker safety. This is primarily based on the Law on Safety and Health at Work, introduced on April 29, 2023, which aligns Serbia with European standards.

Employer Obligations

Under this law, employers have a duty of care to establish a safe and healthy work environment. Key obligations include:

• Risk Assessment and Management: Identifying and assessing workplace hazards, and implementing control measures to minimize risks.
• Training and Instruction: Providing comprehensive training on safe work practices specific to employees' roles and potential hazards.
• Personal Protective Equipment (PPE): Providing and maintaining appropriate PPE for employees exposed to risks.
• Medical Examinations: Covering the cost of regular medical examinations for employees in high-risk workplaces.
• Record Keeping: Maintaining records of workplace hazards, employee training, accidents, and health checks.

Employee Rights

Employees in Serbia are guaranteed a safe and healthy workplace. Their rights under the law include:

• Safe Work Environment: The right to refuse unsafe work and report safety concerns to employers or relevant authorities.
• Training and Information: The right to receive proper training and information on workplace hazards and safety procedures.
• Medical Examinations: The right to regular medical examinations at the employer's expense for those working in high-risk environments.

Enforcement Agencies

The Ministry of Labour and Social Policy is responsible for overseeing workplace safety in Serbia. The Occupational Safety and Health Directorate and the Labour Inspectorate are the two key bodies enforcing the regulations. The former develops legislation and guides its implementation, while the latter conducts workplace inspections to ensure compliance with health and safety regulations.