Labor law is a set of legal norms that regulate the relationship between employers and employees, specifically addressing issues related to the establishment, duration, and termination of employment, as well as other matters that are intrinsically connected to employment relationships, such as mandatory social insurance, workplace safety, employer internal documentation, and similar matters.
If you are an employer seeking to ensure the legality and proper management of employment relationships, or an employee facing legal doubts or issues in the workplace, hiring a labor law attorney can be crucial to protect your rights and avoid legal problems.
For example, employers often seek legal assistance when drafting internal documents, resolving disputes with employees, or during inspection checks. On the other hand, employees most commonly approach attorneys in cases of workplace bullying, unlawful dismissals, or unpaid wages.
If you are unsure whether your situation requires legal support, ask yourself the following questions:
- Do you understand your rights and obligations under the Labor Law?
- Do you have a properly drafted employment contract?
- Are you facing illegal actions at your workplace?
- Do you want to avoid lawsuits through preventive measures?
If you answered affirmatively to any of these questions, hiring a skilled labor law attorney can help you resolve or even prevent potential issues. If you are dealing with legal dilemmas in the workplace, a labor law attorney can help clarify your rights and obligations under the Labor Law.
Why is Labor Law Important for Employers and Employees?
Labor law is a legal field of great importance for both employees and employers, as it protects and ensures employees’ rights while providing security to employers through clearly defined rules and procedures. The proper application of labor regulations is crucial not only for the individual but for society as a whole, as it contributes to creating a positive working atmosphere, a fair and just working environment, and increased productivity. When it comes to complex legal issues in the field of employment relationships, a specialized labor law attorney can ensure the correct application of laws and protect the interests of both parties.
Proper application of labor regulations, such as the Labor Law, Occupational Health and Safety Law, and the Mandatory Social Security Law, ensures that the relationship between employers and employees is conducted in compliance with the legal framework. These laws define key employer obligations, such as maintaining employee records and ensuring safe working conditions, as well as employee rights, including the right to wages, annual leave, and protection from unlawful dismissal.
Labor law, as a very complex legal area, is often difficult to understand, so to avoid administrative and other liabilities for employers, as well as lengthy and expensive court procedures, it is necessary to hire an attorney specialized in labor law to interpret and apply labor regulations correctly.
Legal Assistance
Having a regular consultant in the form of a labor law attorney has a preventive effect and serves to create an adequate business system and internal work organization that minimizes legal issues between employers and employees.
Laws
Employers often face legal challenges arising from improperly defined internal documents, ambiguities in employment contracts, or non-compliance with the Labor Law. Preventive measures, such as regularly engaging a labor law attorney, can significantly reduce the risk of costly lawsuits and potential penalties. Quality legal support enables employers to address legal dilemmas in advance and organize their operations in compliance with the legislation, creating a stable and productive work environment.
Furthermore, timely legal assistance facilitates decision-making processes related to employment relationships, especially in situations such as amendments to internal documents, business restructuring, or employee dismissals.
Sub-Legal Acts
Special attention should be paid to the content of internal acts with the employer, as well as the content of employment contracts, as these acts form the “foundation” of each individual employment relationship. In addition to laws, sub-legal acts, collective agreements, workplace regulations, job organization and systematization regulations, and salary decisions play a key role in regulating daily relationships between employers and employees. These acts provide additional clarifications and rules that enable precise application of legal norms. Correct and timely alignment of internal documents with sub-legal regulations ensures the legality of business operations and reduces the risk of legal disputes.
For example, the Occupational Health and Safety Regulation is not only a legal obligation but contributes to protecting employees and improving the work atmosphere. On the other hand, clearly defined rules in the Salary Regulation enable transparency in salary calculations, which strengthens employee trust in the employer.
Our labor law attorneys assist employers in preparing and revising internal documents, thereby reducing the risk of legal disputes with employees.
This is particularly important considering the level of protection employees enjoy under the Labor Law and other legal and sub-legal regulations.
Employment Contracts
The employment contract is the basic document that defines the rights and obligations of the employee and employer. Its proper drafting and compliance with the Labor Law are crucial for avoiding legal disputes and potential conflicts.
A quality contract should include precise provisions regarding working hours, salary, duration of employment, as well as additional conditions such as the protection of trade secrets and annual leave rights. Specific elements, such as probation periods or the possibility of reallocating work tasks and working hours, should also be clearly defined.
In situations where contracts are not properly drafted or unclear, problems often arise, such as disputes over notice periods, salary payments, or changes in working conditions. Attorneys specializing in labor law can assist in drafting and revising contracts, thereby protecting the interests of both parties and ensuring the legality of the employment relationship.
Legal Support for Employees
On the other hand, our team of attorneys is also available to individuals who face legal problems in their workplace. Employees often lack knowledge of their rights, so it is advisable to establish cooperation with a professional attorney who can help them assert and protect their rights from the employment relationship, thereby improving their overall labor status. This is especially necessary in more complex and stressful situations, such as bullying or unlawful dismissal.
Thus, whether you are an employee wanting to better understand and protect your rights, or an employer seeking to align your operations with legislation and minimize issues with employees, our team of labor law attorneys can help you overcome any difficulties and problems that come with every employment relationship.
Employee Salaries
One of the most common legal issues in employment relationships is salary payments. Whether you are an employer seeking to align payments with legal requirements or an employee facing delays or irregularities in payments, a skilled labor law attorney can be key to support.
If you are an employee experiencing salary delays, pay reductions, or unpaid overtime, an attorney can help you assert your rights. Our team analyzes your situation, checks the documentation, and represents you in negotiations or legal proceedings against the employer.
Example Activities:
- Submitting a request for overdue salaries and bonuses.
- Representation before the labor inspection or court.
- Assistance in resolving salary reduction issues.
Proper management of salary issues is essential for building trust between employers and employees. By hiring an experienced attorney, both parties can ensure the compliance with legal obligations and rights, thus reducing the risk of legal disputes and protecting the interests of all involved.
Unlawful Dismissal
Losing a job can be stressful, especially if you believe your dismissal was unlawful. In such situations, a labor law attorney is your ally, helping you protect your rights and ensure a fair resolution of the situation.
Unlawful dismissal can include the following situations:
- You did not receive a written explanation of the reasons for dismissal.
- The dismissal does not comply with the Labor Law, collective agreement, or workplace regulations.
- The dismissal was due to discrimination, bullying, or other impermissible reasons.
- The notice period was not respected, or legal procedures were not followed.
If you face any of these situations, legal support can be crucial for enforcing your rights.
By hiring a labor law attorney, you can expect comprehensive legal support in resolving issues related to unlawful dismissal. Here’s what the attorney specifically does:
- Analyzes your work documentation, including the employment contract and dismissal decision.
- Provides legal advice and explains your rights and options.
- Files complaints and initiates legal proceedings to challenge the unlawful dismissal.
- Represents you in court or before the labor inspection, aiming to reinstate you or obtain appropriate compensation.
The attorney provides you with security and guides you through a legal process that can be complex and lengthy. Our team has experience in handling unlawful dismissal cases and will help you protect your rights in the best possible way.
Annual Leave
Annual leave is one of the basic rights of every employee, defined by the Labor Law. The right to rest allows employees to take time off from professional duties, improve their health, and spend time with family and personal interests.
Employers are obligated to grant annual leave in accordance with legal rules, which includes the right to at least 20 working days of vacation per year, with possible supplements for years of service or specific working conditions. Vacation planning should be clearly defined in the employer’s internal acts and employment contracts.
Problems with annual leave often arise due to:
- The employer’s refusal to approve leave within the legal deadlines.
- Incorrect calculation of vacation compensation.
- Lack of employee awareness of their rights.
Our team of attorneys provides legal support to both employees and employers regarding annual leave matters. We assist in understanding legal obligations, drafting internal regulations, and resolving disputes to ensure compliance and satisfaction for both parties.
Employment Relations with Foreign Elements
Our labor law attorneys also provide legal assistance in employment relationships with foreign elements, including obtaining work permits and addressing international legal issues. Our team has extensive experience in procedures for obtaining and extending work permits for foreign nationals working in the Republic of Serbia, obtaining temporary and permanent residence permits for foreign nationals, as well as handling other employment-related processes with an international element.
Legal Services We Offer:
- Providing legal services in counseling, oral and written legal opinions.
- Drafting all types of labor law contracts (standard employment contracts, managerial contracts, non-employment agreements; advising and implementing non-standard clauses in employment contracts such as non-competition clauses, confidentiality agreements, protection of privacy and personal data, intellectual property protection, etc.).
- Drafting all normative acts in employment relationships (Collective Agreements, Workplace Regulations, Job Organization and Systematization Regulations, Salary Regulations, etc.).
- Advising and representing clients in employment relationship matters with foreign nationals, obtaining and renewing work permits and residence permits.
- Advising and representing in connection with termination of employment relationships.
- Advising and representing clients in resolving employment relationships during company restructuring: advising on optimal methods for handling redundancies, guiding the entire employee dismissal process, negotiating with trade unions, representing clients before the National Employment Service, drafting all necessary documents for legal termination of employment, advising employers on optimal ways to handle employee relationships in cases of insolvency or liquidation.
- Representing clients in all types of labor disputes, mediation proceedings, and before labor inspections.
Frequently Asked Questions
The Labor Law protects employees’ rights, granting them a minimum of 20 days of annual leave, fair compensation for their work, including overtime and night work, and protection against unlawful dismissal. In addition, employees have the right to safe and healthy working conditions. If the employer violates these rights, employees can seek legal assistance to obtain protection and compensation for damages.
An unlawful dismissal is one that occurs in violation of mandatory legal provisions or the employment contract. A dismissal resulting from discrimination, bullying, or personal reasons unrelated to job performance is also considered unlawful. In such cases, a labor law attorney can provide essential support by analyzing documentation, offering legal advice, and representing the employee in challenging the dismissal.
Every employer should have normative acts, such as a collective agreement, workplace regulations, job organization and systematization regulations, salary regulations, etc., all of which must be in accordance with applicable laws. Properly prepared and updated normative acts not only reduce legal risks but also increase employee trust in the employer.
Resolving disputes between an employee and employer typically begins with an attempt at peaceful negotiation, where an attorney can mediate and help find an acceptable solution for both parties. If a settlement is not possible, the next step is filing a complaint with the labor inspection. As a last resort, the dispute can be resolved in court.