EMPLOYMENT CONTRACT
An employment contract is a written legal act that regulates the rights and obligations of the employee and the employer. The employment relationship must be based on an employment contract, in accordance with the Labor Law.
In this blog, we will explain the conditions for concluding an employment contract, the forms of an employment contract, the essential elements of an employment contract, as well as the rights and obligations of the employee and the employer.
Conditions for establishing an employment relationship
The law stipulates that an employee must be at least 15 years old to be able to establish an employment relationship. A person who is younger than 18 years of age can establish an employment relationship only with the written consent of a parent, adoptive parent or guardian. All of the above provided that such work does not endanger health, morals and education, i.e. that such work is not prohibited by law.
In addition to the above, a person under the age of 18 can establish an employment relationship only based on the findings of the competent health authority. The health authority determines that the person is capable of performing the tasks for which he establishes an employment relationship and that such tasks are not harmful to his health.
Do you have doubts about the employment contract?
The employment contract in Serbia defines the rights and obligations of the employee and the employer — from the basic elements it must contain to the right to an appropriate salary, safe working conditions and other obligations from the employment relationship. If you want **legal assistance when drafting, checking or interpreting an employment contract**, our team of expert lawyers can help you.
Contact us and check your rightEmployment contract - introductory questions
Who concludes the employment contract?
The employment contract is concluded by the employer and the employee.
When is the employment contract considered concluded?
The employment contract is considered concluded when it is signed by the employee and the employer.
In how many copies is the employment contract concluded?
The employment contract is concluded in at least three copies, one of which must be given to the employee, and two copies are kept by the employer.
Employment contract for a fixed and indefinite period
The Labor Law stipulates that an employment contract can be concluded both for an indefinite period of time and for a specified period of time. If the contract itself does not specify the time to which it is concluded, it is considered an employment contract for an indefinite period.
A fixed-term employment contract is a model of an employment relationship where the employment contract is concluded for a period of time that is determined in advance by objective reasons that are justified by the deadline or the execution of a certain job or the occurrence of a certain event, for the duration of those needs.
The employer can conclude a fixed-term employment contract which, with or without interruptions, cannot exceed 24 months.
The employment contract is concluded before the employee starts work, in written form. If the employer does not conclude an employment contract with the employee in the manner described, it is considered that the employee has established an employment relationship for an indefinite period of time on the day of starting work.
Elements of the employment contract - what must the employment contract contain?
- name and registered office of the employer;
- personal name of the employee, place of residence, i.e. residence of the employee;
- the type and degree of vocational education, that is, the employee's education, which are a condition for performing the tasks for which the employment contract is concluded;
- the name and description of the work that the employee should perform;
- place of work;
- type of employment (permanent or fixed-term);
- the duration of the fixed-term employment contract and the basis for establishing a fixed-term employment relationship;
- start date of work;
- working hours (full, part-time or part-time);
- monetary amount of the basic salary on the day of concluding the employment contract;
- elements for determining the basic salary, work performance, salary compensation, increased salary and other income of the employee;
- deadlines for payment of wages and other benefits to which the employee is entitled;
- duration of daily and weekly working hours.
It is also important to note that the employment contract does not have to contain the elements from point 11-13 if they are established by law, collective agreement, work regulations or other act of the employer in accordance with the law. In that case, the contract must indicate the act by which these rights were determined at the time of concluding the employment contract.
Employee's entry into work
The employee realizes the rights and obligations from the employment relationship on the day of starting work. If the employee does not start work given in the established employment contract, it is considered that he has not established an employment relationship, unless he is prevented from starting work for justified reasons or if the employer and employee agree otherwise.
Trial work
An employment contract can be used to contract trial work for the performance of one or more related, i.e., related jobs determined by the employment contract.
Probationary work can last a maximum of six months.
Before the expiration of the time for which the trial work was contracted, the employer or the employee can cancel the employment contract with a notice period that cannot be shorter than five working days. The employer is obliged to explain the termination of the employment contract.
An employee who has not demonstrated appropriate work and professional skills during the trial period shall have his employment terminated on the day of expiry of the term specified in the employment contract.
An employment relationship for performing tasks with increased risk
An employment contract can be concluded for jobs with increased risk, determined in accordance with the law, only if the employee meets the conditions for working in those jobs.
The employee can work in the mentioned jobs only on the basis of a previously determined health capacity to work in those jobs by the competent health authority, in accordance with the law.
Part-time employment
The employment relationship can also be based on part-time work, for a fixed or indefinite period of time.
An employee who works part-time has the right to salary, other income and other rights from the employment relationship in proportion to the time spent at work, unless the law, general act and employment contract stipulates otherwise for individual rights.
An employment relationship for the performance of work outside the employer's premises
The employment relationship can be established for the performance of work outside the employer's premises. This type of employment relationship has two forms, namely remote work, as well as work from home.
Although in practice this type of work performance is more and more frequent, in accordance with the climate of modernization of work performance, the labor law views this way of work performance as a deviation from the classic employment contract. This means that the law foresees additional elements that must exist in this type of work performance.
If you need information about what are the additional elements that need to be included in this form of employment, you can find that information in the labor law itself. You can also consult with labor law lawyer.
Employee rights
The basic and most important rights of an employee provided for by the labor law are:
- the right to earnings;
- the right to safe working conditions;
- the right to rest and annual leave;
- the right to protection from discrimination and harassment.
Of course, the Labor Law provides for a whole series of other rights of the employee, which rights it would be superfluous to enumerate here.
What is particularly important to note is that the employer does not have the right to reduce the scope of the employee's rights determined by the law through the employment contract with the employee. Therefore, the employer can contract with the employee more favorable conditions for the employee compared to those prescribed by law, but not less favorable.
Employer obligations
The most important obligations of the employer prescribed by the labor law are:
- payment of salary to the employee, in accordance with the law, general act and employment contract;
- provision of working conditions and organization of work for safety and protection of life and health at work, in accordance with the law and other regulations;
- ensuring the performance of work determined by the employment contract.
Termination of employment contract
As the termination of the employment relationship, namely by the termination of the employment contract, is a particularly important topic in the field of labor law because it carries with it consequences that can be of existential importance for the employee and his family members, we have dedicated a separate blog to that topic, which you can see here.
Finally, it should be noted that the employment contract is the basis of every employment relationship, and in order to be sure that your rights are protected, it is recommended that you read the contract carefully before signing it, and that in case of any doubts, contact to a labor lawyer.
If you have any additional questions, please feel free to contact our law office. We will be pleased to be your legal allies.
