Abstract
Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer.
Highlights
Certainty is the very essence of the law. This is especially true for labour law, which seeks to ensure the stability of employment relationships through the creation of instruments for the preservation of employment
The Serbian Labour Act does not define the expression “change of employer”, we can conclude that this implies some kind of alterations of the stronger party to the employment relationship
There are concerns that the privatization of public capital will be accompanied by abuses similar to those that occurred during previous period. This is in spite of the fact that the current regulations envisage specific measures to protect 93,000 employees at enterprises founded by the Republic of Serbia, and 69,000 employees at enterprises founded by local self-government units, such as the rule that the social program represents an integral part of the sale of assets of the entity to be privatized, i.e. that the assets sale contract may prohibit the reduction in the number of employees who were hired on the basis of an open-ended employment contract for the following two years
Summary
Certainty is the very essence of the law. This is especially true for labour law, which seeks to ensure the stability of employment relationships through the creation of instruments for the preservation of employment. Anali Pravnog fakulteta u Beogradu, godina LXVII, 2/2019 the day of the change of employer.” This type of succession applies to all cases of change of employer, regardless of whether the economic identity of the enterprise has been preserved or not, i.e. regardless of the changes introduced by the transferee This solution is more favourable than the EU concept of transfer of undertakings and formally creates conditions for ensuring proper and full protection of employees. In addition to the need to make relevant provisions clearer and more reliable, it is essential to directly regulate the issue of protection of employees against dismissal Guarantees of this protection can be derived from the provisions of the Labour Act regulating protection against unjustified dismissal, for the purpose of clarity it is required to restrict the rights of the transferor and the transferee to initiate termination of employment during the period immediately preceding and following the restructuring of companies or other subjects. As suggested by Jovanović (1997, 46), this process ran in parallel with changes in other spheres of life, the changes were very slow and the results modest, especially in the case of transformation of ownership
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