WE PROVIDE SERVICES RELATING TO LABOR RELATIONS IN INTERNET TECHNOLOGY BUSINESS AND SIMILAR ACTIVITIES
CONTRACTS WITH EMPLOYEES AND OTHERWISE EMPLOYED PERSONS
One of the primary types of services that the law office provides is legal support for companies from the IT industry and support for the part of a business that is oriented towards online trade, i.e. the internet as a market.
In this regard, we provide services for drafting a wide variety of contracts related to employment in the mentioned areas of the economy, including but not limited to the following types of legal work:
- Work contract
- Service contract
- Contract on temporary and occasional jobs
- Confidentiality agreement
- Clause for the protection of competition
- Agreement on the order of author’s work – computer code
- Clauses regulating the arrangement of rights and obligations regarding intellectual property created during the employment relationship
GENERAL DOCUMENTS AND ACTS IN LABOR RELATIONS
Given that every company must also have general acts, you can count on the creation of internal documents specially tailored to your business environment, such as the following acts:
- Rules of Procedure
- Disciplinary regulations
- Rule-book on information security in the work of employees
- Rule-book on the protection of employees’ personal data
- Rule-book on business secrets
We provide all kinds of assistance to legal entities in connection with the organization of work, and issues that arise during the work itself.
This assistance includes continuous support that primarily concerns:
Implementation of legal procedures, such as dealing with redundant employees, creating warnings, legal dismissals, applying disciplinary measures, and the like;
Assisting in the very process of making business decisions that may have an impact on employees;
Drafting of the aforementioned contracts and clauses
Assistance in the implementation of regulations on the protection of personal data of employees
When it comes to labor disputes, the following services are available to employers:
- Timely legal advice for the prevention and prevention of labor disputes;
- Providing effective support in the labor dispute itself if it has arisen
Legal support in the employment of foreigners
If you want to employ a foreign citizen, we provide real support through counseling and consultation, but also specific legal actions aimed at registering residence and obtaining a work permit.
Explanations and characteristics of labor relations
Labor relations are characterized by the existence of factors that are opposed in the sociology-economic sense, i.e. they are characterized on the one hand by the existence of employees who have an interest in being adequately rewarded for their work as well as in performing as humane and dignified conditions as possible, and employers who should make a profit and be competitive on the labor market, which often means optimizing work through the best use of all resources, including human resources. Although a person’s daily life includes various segments of his life, the importance of work in the life of almost every individual cannot be questioned. Namely, what is common to all subjects in the labor market, regardless of whether someone is a decision-maker or an executor, is that a person spends a huge part of his life precisely at work. Research has shown that we spend a third of our lives at work, i.e. more than 13 years of our lifespan, which is a fascinating figure considering that we spend at least 12 times less time socializing with our friends and acquaintances, or the fact that we spend only 3 years.
All of the above supports the conclusion that all actors should work together to find solutions that will lead to better working conditions for everyone, and therefore to a functional collective that can respond to the economic and other challenges that the modern market brings.
In its development, the protection of employees at work went from guaranteeing basic rights and protecting employees from the obvious risks and dangers that some types of work entail (night work, work in mines, etc.), to protection from more subtle but equally dangerous factors for health and human security such as discrimination and mobbing. Experts would say that the problem of “blue collars” (persons who do physical work) has largely received its legal framework, while the problems of “white collars” (office workers) are increasingly coming to the fore. It seems crazy to compare a man who works near a substance that can kill him under certain circumstances and one who works in the comfort of his office, but statistics show the opposite. There are frightening data that in Europe more than half of the people suffer from work-related stress or data that testify that in America the number of people who decide to take their own life due to problems at work is at a historical maximum. All this has led to the emergence of new concepts and practices in workplaces, such as team-building practices, and other types of work to preserve the mental health of employees, as well as the development of adequate protection mechanisms against behavior that endangers not only the physical but also the psychological integrity of a person.
The above-mentioned “white collar” problems are only one of many indicators of the complexity and importance that labor law has for man, and legislators around the world must adequately respond to all the challenges that work in modern times brings for both the employer and his employees. employees. Precisely because of this, labor law is an extremely important and dynamic branch of law, which aims to protect the “weaker” within these relationships, but also to prevent them from abusing their rights to the detriment of the employer.
Characteristics of labor relations in the Republic of Serbia
In addition to labor relations, the regulations in the field of work of the Republic of Serbia also include other work activities that do not involve signing an employment contract, i.e.:
- Temporary and occasional jobs;
- Service contract;
- Agreement on professional training and development;
- Additional work
Below are some of the most important notes regarding work in the Republic of Serbia:
The law as a guarantee of minimum rights for workers
The most important act on labor relations is the Labor Law whose provisions represent a minimum of guarantees for employees, and putting an employee in a worse position than the one that follows him by law is not only not left to the consent of the will, but leads to the direct application of more favorable provisions for the employee, and which is prescribed by law.
Our legislation divides employment relationships into those that are concluded for an indefinite period (representing a legal assumption) and those that are concluded for a specific time, if there is a reason for predicting such a period that the law considers adequate.
In addition to the law, rights, obligations and responsibilities related to the employment relationship arise as a result of the agreement of the will of the interested parties, which takes the form of employment contracts, and collective agreements. The provisions of these acts will be valid only if they improve the legally guaranteed position of the employee.
Protection of special categories of persons
From the foregoing, it is clear that the legislator, with the provisions of his acts, stood in the protection of the worker as a contracting party who has far less power to influence the provisions in the labor contract, provided that he dares to conduct negotiations concerning the text defined by the employer.
Accordingly, there are several generally defined employee protection measures (general protection refers to the prescription of minimum wages, health and safety protection of all employees, and the like).
What is characteristic of our legislation is that it has special protection for the case of pregnancy and child care, minors and persons with disabilities. There is positive discrimination against the mentioned categories of the population, and every employer must carefully study the legal and by-laws if there are persons who belong to one of the mentioned groups within their collective.
Termination of employment is formal and strictly defined by law
The legal provisions at least limit the termination of the employment relationship which is the result of the agreement of the will of the contracting parties. All other types of termination are regulated in detail by the provisions of the law, so the reasons for dismissal are specified, as well as the reasons for termination of the employment relationship by force of law, regardless of the will of the interested parties (the case of the need to serve a prison sentence determined for a period longer than 6 months, loss of work-ability, etc.). Following other provisions, the legislator also meets the employees at the point of dismissal, by giving them a much simpler procedure for leaving the workplace than the one given to the employer, while respecting the provisions regarding the notice period.
Work on the prevention of the “illegal work” and other abuses
The law authorizes the labor inspection to verify the application of its provisions. If the competent inspector determines an irregularity, extremely strict penal provisions are also in order. It is certainly clear that precisely “illegal work” as a frequent abuse on the domestic market is on the list of “most expensive” violations, which can cost a legal entity up to 2 million dinars. From this, it follows that the legislator decided to do everything in his power to stand in the way of abuse that has a long history in our country.
The new Law on Agency Employment should also contribute to this problem, which, despite all the public criticism, finally regulates agency employment relations, which in the former lack of regulation were the ground for various types of abuse of workers’ rights.
In addition to this, our legislation is characterized by a large number of special laws that regulate this area (more than 10 legal acts and a large number of by-laws), an extremely complicated system of salary payments, use of working time and breaks, and understanding one’s rights, obligations and responsibilities is a big challenge not only for employers but also for the employees themselves.