New labour law in the republic of Serbia: Harmonization with the law of European Union, real promise or a myth

Abstract

In this paper, the authors will try to review the solutions of the new Labour Law in Republic of Serbia, and especially its social aspect through the position and rights of workers. On the other hand, the authors seek to determine whether is and in which extent the new Labour Law fulfilled the expectations of the legislator as well as the promises which were given to the people, that this Code will make harmonization of labor law with international standards and EU law. In anticipation of the official report of the Council of Europe, the authors try to give their assessment of the compliance of the new Labour Law with the European Social Charter. Although it was announced as a 'harbinger of the future progress of the country', which will prevent undeclared work, increase the rate of employability, harmonize regulation of labor law with the EU standards, improve workers' rights, through the analysis the authors in this paper try to show that the new Labour Law, is not only far below the standards of international labor and social law, but it violates the provisions of the Constitution of the Republic of Serbia and reduces the level of achieved human rights. With this octroyed act, adopted without public debate, there is a legitimate basis for the exploitation of workers and expanding range of possibilities which employers are used in order to achieve their own interests at the expense of the rights of employees. Special emphasis in this paper will be given to solutions that were given to the rights of motherhood and parenthood under the new law. Some of the provisions which will be subject to criticism by the author are: an increase definite term work for two years (thus extending the social and economic insecurity), for past labour it just takes time spent at the last employer, (because of that will be less salary and up to 15%), increasing the duration of the probationary period to six months, indirectly denying the right to limited working hours through the obligation of the employee to be always 'available' to the employer and the possibility of redistribution working hours per free discretion of the employer. According to the author's effects of bad legal provisions will have a negative impact on the entire social sphere, the falling birth rate, the deterioration of the economic situation of employees, the decline in the housing market, the reduction of banking business and others. At the end of the paper the authors point out the necessity of forming working groups to amend the law and the adoption of amendment must be the result of public hearings with participation of all relevant factors. Only in this way it is possible to achieve harmonization of labor law with the European Union and better protection of rights of employees.