Article 27 Work and Employment
294. The Constitution of the Republic of Serbia guarantees to persons with disabilities special protection at work and special working conditions, in accordance with the law (Article 60 paragraph 5).
295. The Law on Professional Rehabilitation and Employment of Persons with Disabilities (LPREPD) introduced, through the obligation to employ persons with disabilities, the principle of affirmative action with the aim to achieve more significant inclusion of persons with disabilities on the labour market.
296. The Law on Professional Rehabilitation and Employment of Persons with Disabilities (LPREPD) prescribes incitements of employment in order to create the conditions for equal inclusion of persons with disabilities on the labour market, assessment of work capacities, professional rehabilitation, obligation to employ persons with disabilities, conditions for establishment and performance of jobs of companies for professional rehabilitation and employment of persons with disabilities, other special forms of employment and engagement for work of persons with disabilities, as well as other relevant issues. According to the data for 2011, there were 34.43% persons with disabilities with first level of qualifications, 12.5% with the second one, 31.19 with the third one, 16.8% with the fourth one, 1.99% with the fifth one, 1.96% with the sixth one and 1.52% with the seventh level of qualifications. The programme of activities of the National Employment Agency for 2011 planned that the trainings for the labour market would include 400 persons with disabilities in total, of whom 350 in trainings for the labour market, and in trainings under the request of employers 50 persons with disabilities. As for the trainings for the requirements of employers there were no persons with disabilities included (the source of information: the National Employment Agency).
297. The procedure of assessment of work capacity and employment opportunities or maintenance of employment includes medical, social and other criteria establishing opportunities and capabilities of a person with disability necessary for his/her inclusion on the labour market and performance of concrete jobs independently or with the support service, use of technical aids, and employment opportunities under general or special conditions.
298. In 2010 the employment policy was directed towards the preparation of new regulations providing better environment and more efficient functioning of the labour market, encouraging employment of unemployed people, and of persons with disabilities in particular.
299. As a vulnerable group, persons with disabilities have priority in inclusion in the measures of active policy of the labour market. The support to get the first employment after education, namely the support for the quickest integration on the labour market after leaving school, shall be rendered through the programmes of practice and apprenticeship and especially adjusted training for active looking for jobs (also including motivation training and clubs for looking for jobs). Also, the Law on Professional Rehabilitation and Employment of Persons with Disabilities (LPREPD) prescribes an option of subsidizing of income on the occasion of employment of a person with disability with no work experience, within the period of 12 months (Article 32). For persons with no adequate qualifications or without any qualifications professional training shall be organized. The effects of the programmes of professional training and training in general shall be monitored.
300. In case an employer does not fulfil the obligation prescribed by law or if an employer does not fulfil the obligation concerned by means of some of the offered alternatives, the employer shall be obliged to pay penalties in the amount of triple value of the minimum salary value established by labour regulations, for each person with disability that had not been employed.
301. The Law on Professional Rehabilitation and Employment of Persons with Disabilities (LPREPD) introduces new forms of organization, as special forms of employment and work engagement of persons with disabilities, such as: companies for professional rehabilitation and employment of persons with disabilities, social companies and social organizations, work centres.
302. The Law on Prevention of Abuse at Work 53 (LPAW) prescribes prohibition of any form of abuse at work and in relation to work, as well as misuse of the right to protection against abuse.
- Note #53
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Published in
Official Gazette of RS
, No. 36/10 - Return
303. The Labour Law (LL) prescribes that an employee may not work overtime if such work, according to the findings of the competent medical institution, could worsen his/her health. It also prescribes that an employee with health problems, established by the competent medical institution pursuant to law, may not perform jobs that would cause worsening of his/her health or consequences dangerous for his/her surroundings (Article 81).
304. According to the Labour Law, the employer shall be obliged to ensure the performance of job for an employed person with disability with decreased work capacity in accordance with the remaining work capacity (Article 101).
The Labour Law does not prescribe any special protection against cancellation of employment contract of persons with disabilities, but it contains the provisions on illegal cancellation of employment contract and how labour inspectors shall act in case of illegal cancellation of employment contract, which are valid for all employees.
Practice
305. Within the last several years, the number of persons with disabilities, registered with the National Employment Agency, has been relatively constant. Entering into force of the obligation to employ persons with disabilities resulted in considerable employment of this category of unemployed persons. For example, in the course of 2010, there were 3,681 persons with disabilities who signed employment contracts, which is both qualitative and quantitative more significant result in relation to previous years. Since the Law on Professional Rehabilitation and Employment of Persons with Disabilities 54 entered into force until the end of 2010 there were 5,558 employed persons with disabilities. However, employment did not result in analogous decrease of the number of persons from this category in the records of unemployed persons, for it was followed by inflow of new persons whose work capacity had been assessed and who had gained the status of persons with disabilities, within the meaning of Article 4 of the Law on Professional Rehabilitation and Employment of Persons with Disabilities. On the basis of review of the global conditions of individuals and the conditions on the labour market, the expert testimony body shall assess diseases and problems of influence on work capacity and employment opportunities or maintenance of employment based on the scale.
- Note #54
- 23 May 2009
- Return
306. In 2010 there were 4,071 decisions adopted concerning assessed work capacities. Out of the total number of adopted decisions, 74% indicated that difficulties and obstacles were small and made it possible to get employment under general conditions – without adjustments.
307. The change of conditions in the records of the National Employment Agency, in combination with analyses concerning qualification and age structures of those who were looking for jobs from the category of persons with disabilities, caused the measures and activities on the labour market to be directed towards more complete coverage of persons with disabilities by active employment measures. For example, within the period of 6 months from the date of issuance of some measure, there were 1,036 persons with disabilities who got employment in 2010, taking part in the programmes of career management and consulting, additional education and training, subsidized employment. 55
- Note #55
- The statistical data about the implemented programmes are contained in paragraphs 118-120 of Annex.
- Return
308. Based on the Report on fulfilment of obligation to employ persons with disabilities according to the Law on Professional Rehabilitation and Employment of Persons with Disabilities, the average number of employed persons with disabilities was 10,326 in 2010 based on the submitted forms.
309. With the aim to create opportunities for more efficient and better quality inclusion of persons with disabilities on the labour market, the National Employment Agency has issued, as the support to employment of persons with disabilities, as from 3 February 2011, the following tenders for:
- Grant of subsidies to employers to open new work posts;
- Grant of subsidies for self-employment to unemployed persons with disabilities;
- Tenders to organize and carry out public works where persons with disabilities shall be engaged;
- Refund of salary of persons engaged to render professional support to persons with disabilities at work;
- Participation in financing of training programmes for persons with disabilities for the requirements of employers;
- Submission of claims for refund of adequate costs of adjustment of work post for employment of persons with disabilities;
- Implementation of professional practice and submission of claims for grant of subsidies of salaries for employment of persons with disabilities without work experience.
310. By means of the research under the title of "Report by Companies for Professional Rehabilitation", the Statistical Office of the Republic of Serbia collected the data on rehabilitation and qualification of persons with disabilities at protection workshops, institutes and institutions for professional training. Based on this report, the differences in the number of employed women and men with disabilities may be observed, who had been qualified within the company for professional rehabilitation (out of total, with the company, out of the company and those who have been waiting for employment).
311. In the annual statistical report on beneficiaries of age and forms of social protection, which is provided by the Social Welfare Centre, the data are collected concerning the total number of various categories of beneficiaries of social protection of those employed through the Social Welfare Centre.
312. The provisions of the Law on Civil Servants and the Law on Salaries of Civil Servants and State Employees 56 (LSCSSE) present the legal framework providing general protection against discrimination at the state bodies of the Republic of Serbia.
- Note #56
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Official Gazette of RS
, Nos. 62/06, 63/06, 115/06, 101/07 and 99/10 - Return
313. The Law on Civil Servants 57 (LCS) prescribes:
- Note #57
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Official Gazette of RS
, Nos. 79/05, 81/05 - corr., 83/05 - corr., 64/07, 67/07 - corr., 116/08 and 104/09 - Return
- Prohibition of any form of advantages or deprivations of civil servants in respect of his/her rights or duties, especially because of racial, religious, sex, national or political affiliation or because of some other personal characteristic (Article 7);
- fundamental principle of employment at state bodies according to which all work posts are available to all candidates under equal conditions (Article 9);
- that on the occasion of employment at the state bodies care shall be taken of national composition, representation of sexes and the number of persons with disabilities to reflect the population structure to the greatest possible extent (Article 9);
- that the selection of candidates shall be based on the system of merits – implying that on the occasion of selection of candidates for each executive position and each position with the state administration bodies care shall be taken of qualifications, knowledge and skills of candidates in the first place;
- that all civil servants shall be equal when deciding on advancement and remuneration and accomplishment of their legal protection (Article 11).
314. The special collective agreement for the state bodies 58 regulates the obligation of the employer to ensure in the budget of the republic of Serbia the funds for the implementation of established measures for elimination of risks in the field of safety and health at work, also including the funds for the prevention of work acquired disability (Article 15). In addition, in case of occurrence of severe disability, the employee has the right to assistance from the state with disability-related expenses (Article 25 item 4).
- Note #58
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Official Gazette of RS
, No. 95/08 - Return