Remarks: The Social and Economic Council of the Republic of Serbia is a tripartite Council composed of representatives of the Serbian Government, Confederation of Autonomous Trade Unions of Serbia (CATUS), Trade Union Confederation “Nezavisnost” (TUC “Nezavisnost”), and the Serbian Association of Employers (SAE).
Name of Act
Labour Law of the Republic of Serbia of 15 March 2005 (Official Gazette of the Republic of Serbia no. 24/05) as amended up to Law of 16 July 2009 (Official Gazette of the Republic of Serbia no. 54/09)
Remarks: Provisions of this Law shall apply to employees who work on the territory of the Republic of Serbia, with a domestic or foreign legal or natural persons (employer) and employees referred for work abroad by the employer, unless the Law stipulates otherwise. Provisions of this Law shall apply to employees of public bodies, territorial autonomy bodies and local self-government and public services, unless the law stipulates otherwise. Provisions of this Law shall apply to employees who are foreign nationals and stateless persons who work with employers on the territory of the Republic of Serbia, unless the law stipulates otherwise. Art.2
Other source used
Serbia: Industrial relations profile. Report of the European Foundation for the Improvement of Living and Working Conditions, 2012 (Eurofound).
An employee, pursuant to this law, shall be a natural person in labor relation with the employer.
Labour Law Art.5
Employer
An employer, pursuant to this law, is a domestic or foreign legal or natural person who employs or hires for work one or more persons.
Labour Law Art.5
MINIMUM WAGE FIXING
Procedure
Minimum wages set directly by tripartite negotiations
The minimum wage shall be set by a decision of the Social-Economic Council, which is a tripartite Council composed of representatives of the Serbian Government, Confederation of Autonomous Trade Unions of Serbia (CATUS), Trade Union Confederation “Nezavisnost” (TUC “Nezavisnost”), and the Serbian Association of Employers (SAE). Should the Social-Economic Council fail to pass a decision 10 days after the outset of the bargaining process, the decision of the amount of the minimum wage shall be set by the Government of the Republic of Serbia unilaterally.
Labour Law Art.112 Website of the Social and Economic Council.
Criteria
Needs of workers and their families
Yes. The basic and social needs of employees and their families shall be taken into account when fixing the amount of the minimum wage
Labour Law Art.112
Cost of living
Yes. The cost of living shall be taken into account when fixing the amount of the minimum wage.
Labour Law Art.112
Level of wages and incomes in the country
Yes. The trends of average salary in the Republic of Serbia shall be taken into account when fixing the amount of the minimum wage.
Labour Law Art.112
Economic development
Yes. The general level of economic development of the Republic of Serbia shall be taken into account when fixing the amount of the minimum wage.
Labour Law Art.112
Level of employment
Yes. The unemployment rate and the employment trends at the labor market shall be taken into account when fixing the amount of the minimum wage.
Labour Law Art.112
Coverage
Scope
Any employee shall be entitled to the minimum wage rate for standard performance and full working hours. Therefore it is provided a universal, nationwide minimum wage, with no differentiation for different groups of workers.
Labour Law Art.111 Eurofound Report 2012
Specific minimum wage rates
» Minimum wage levels for specific categories of workers
» Trainees
During the traineeship, any trainee shall be entitled to salary and all other rights resulting from the labor relationship, pursuant to the law, general document and labor contract. However, it is not expressly provided if this entitles the trainee to enjoy the full minimum wage.
Labour Law Art.47
» Domestic Workers
The salary of a domestic worker may be agreed to be paid up to 50% in in-kind allowances (board and lodging) that shall express their value in money.
No provisions identified excluding domestic workers from the scope of the minimum wage regulations. However, relevant provisions have been not identified with regard to if allowances in kind might imply a reduction in the salary of the domestic worker below the minimum wage rate.
Labour Law Art.45
» Disabled
Disabled persons shall enter into labor relations under the conditions and in the way stipulated in the Labour Law, unless a special law stipulates otherwise. No provisions identified excluding disabled workers from the scope of the minimum wage regulations.
Labour Law Art.28
Level
Minimum wage level(s) in national currency
The minimum wage rate was set in RSD 102.00 (net) per hour of work, by the decision of Social and Economic Council to be valid from June 2011. This translates to an average monthly minimum wage at standard working time of RSD 17,136.00 (aprox. €146.483).
Socio-Economic Agreement for the year 2011 Eurofound Report 2012
Last minimum wage update
The minimum wage was last updated on 1st June 2011.
Socio-Economic Agreement for the year 2011
In-kind allowances
Provisions regarding to in-kind allowances have been identified only with regard to domestic workers.
The salary of a domestic worker may be agreed to be paid up to 50% in in-kind allowances (board and lodging), that shall express their value in money.
However, relevant provisions have been not identified with regard to if in-kind allowances might imply a reduction in the salary of the domestic worker below the minimum wage rate.
Labour Law Art.45
Rate of payment
» Hourly
Yes. The minimum wage shall be set by the working hour.
Labour Law Art.112 Socio-Economic Agreement for the year 2011
Specific provisions
The adjustment of the minimum wage rate cannot provide a rate of payment lower than the rate which is being modified.
Labour Law Art.112
Scheduled frequency of adjustment
Legal provisions regarding the frequency of adjustment of the minimum wage have not been identified. The Report of the European Foundation for the Improvement of Living and Working Conditions, 2012, states that the minimum wage rate is set twice a year.
Eurofound Report 2012
Enforcement mechanisms
Labour inspection
Supervision over implementation of the Labour Law, other labor regulations, general documents and the labor contracts regulating rights, duties and responsibilities of employees shall be conducted by labor inspection.
Labour Law Art.268
Fines in national currency for non-respect of legislation
Employer in the capacity of legal entity shall be fined in the amount of CSD 800,000 to 1,000,000 if he/she fails to pay the salary or minimum wage.
Labour Law Art.273
Results generated on: 16th April 2024 at 13:08:50.
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