Fic rEcommEndationS - Eurobank EFG

Although there is a possibility for the current employees
to undergo evaluation of their working ability in order
to be recognised as persons with disabilities, in practice
such procedure is very complex and administratively
cumbersome, as it includes submission of numerous
documents by the employee and engagement of different
state authorities during one process, with somewhat
overlapping powers (National Employment Service and
FPDI);
In practice, a majority of employers opt for payment to
the state budget instead of employment of persons with
disabilities, mostly as they do not have the need for additional
workforce or as they cannot find adequate persons
with disabilities for the work they require.
the Law on Foreigners
Obtaining business visas and temporary residence permits
is an excessively complicated and time-consuming process.
Besides the time required for collecting the numerous required
documents for approval of the residence permit, the
waiting period as of the date of submitting all documents
until the issue of the residence permit is one month. This
period is too long, as for this period of time the foreigner
is not able to temporarily import any of his/her belongings
from abroad, to start working, etc.
The foreigners who apply for work permit from the National
Employment Service (NES) upon acquiring residence
permit are faced with an additional bureaucratic procedure
which, amongst other, requires submission of the opinion
that the NES itself had already issued to these foreigners
during the procedure for acquiring residence permit.
the Law on the Protection of the citizens of the
Federal republic of Yugoslavia Working abroad
The terminology of this Law is not completely harmonised
with the Labour Law and other positive regulations.
The prescribed procedure for hiring Serbian employees
abroad is outdated, extraordinarily clumsy, complicated,
it takes very long and, as a whole, is not adjusted to the
requirements of modern market economy and removing
borders on the labour market. As such, it has a countereffect,
instead of fulfilling its main purpose – protecting our
citizens employed abroad. Furthermore, without the im-
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plemented procedure – informing the competent Ministry
of Labour and Social Policy about the intention of sending
an employee abroad to work and its conclusion that conditions
for it have been fulfilled, one cannot obtain health
insurance for employees valid abroad at the Republic Institute
for Health Insurance, in accordance with regulations in
the Republic of Serbia (RS).
Staff leasing
The staff leasing practice of companies in Serbia, although
somewhat tolerated in practice, due to the lack of formal
regulation at this time may lead to certain problems for the
employers who use this institute. Namely, there is a possibility
of fining such employers due to the fact that persons
working for them based on staff leasing do not have any
agreement with these employers. Also, there is a risk (in
certain cases evident in practice) that the leased staff claim
that they were actually employed within the company
where they performed work, although they did not have
any agreement with such company – this is usually the case
when they are dismissed due to termination of business cooperation
between the staff leasing agency and the company
that used these services.
Shift work
The Labour Law does not define the concept and characteristics
of shift work, which is in practice a source of significant
problems.
Namely, in the absence of precise regulations, the competent
courts and the Ministry of Labour have tended to interpret
the concept of shift work too extensively, considering
the shift work as such work in which there is a difference
in the beginning and end of working hours and recognising
the right to increased pay on the basis of such de facto
understood shift work in all cases, unless the internal document
of the employer and employment contract explicitly
stipulate that employees perform work in shifts, and that
the increase in pay based on shift work is included in the
agreed amount of base salary, which are formulations almost
non-existent in the Serbian economy.
Since the Labour Law provides for a 26% salary increase
based on shift work, this represents an intolerable burden for
the vast majority of employers in the Republic of Serbia.
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