{"id":2206,"date":"2022-10-06T08:58:27","date_gmt":"2022-10-06T08:58:27","guid":{"rendered":"https:\/\/milic.rs\/eng\/eng\/novisajt\/?page_id=2206"},"modified":"2023-02-20T16:16:32","modified_gmt":"2023-02-20T16:16:32","slug":"employment-agreement","status":"publish","type":"page","link":"https:\/\/www.milic.rs\/eng\/services\/employment-agreement\/","title":{"rendered":"Employment Agreement"},"content":{"rendered":"\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

THE CONCEPT AND THE CONTENT OF THE EMPLOYMENT CONTRACT<\/h2>

Employment contract is a named contract, whose elements are regulated by the Labor Law (hereinafter referred to as \u201cThe Law\u201d) and represents a base for establishing an employment engagement between the employer and the employee. Although The Law is mostly directed at protecting the interests of the employee, and by contract, it is possible to give the employee even more rights than what is given to him by The Law, we have to keep in mind that the parties can create content of the employment contract with their own wills in the part where the legal norms allow it.<\/p>

If you want to create a quality employment contract, the employer must have in mind all the legal norms that one employment contract must contain in accordance with The Law. It is important to note that the employment contract must always be concluded in written form, and in a minimum of three copies, of which two go to the employer, and one is for the employee.<\/p>

In order for the employer to conclude an employment contract, he must first check if all the requirements are met with the specific potential employee. Conditions for concluding an employment contract can be found in articles 24-29 of The Law.<\/p>

Article 33 of The Law, notes that regardless if the contract is made in case of employment engagements that are not managed by a general act (rule book or collective contract) or if the contract is in fact a contract between the employer and the employee is managed by a general act, there must be mandatory elements, such as:<\/p>

–\u00a0\u00a0\u00a0 name and seat of the employer<\/p>

–\u00a0\u00a0\u00a0 personal name of the employee, permanent or temporary residence of the employee;<\/p>

–\u00a0\u00a0\u00a0 type and level of qualification, that is education of the employee which is necessary for carrying out the activities for which the employment contract is concluded;<\/p>

–\u00a0\u00a0\u00a0 name and description of activities the employee needs to perform;\u00a0\u00a0\u00a0<\/p>

–\u00a0\u00a0\u00a0 place of work;<\/p>

–\u00a0\u00a0\u00a0 type of employment relationship (definite or indefinite);<\/p>

–\u00a0\u00a0\u00a0 duration of the employment contract for a definite period of time, and the grounds for the establishment of the employment relationship for a definite period of time;<\/p>

–\u00a0\u00a0\u00a0 working hours (full-time, part-time or reduced);<\/p>

–\u00a0\u00a0\u00a0 date of commencement of work;<\/p>

–\u00a0\u00a0\u00a0 pecuniary amount of base salary at the date of conclusion of the employment contract;<\/p>

–\u00a0\u00a0\u00a0 elements for determining base salary, work performance, salary compensation, increased salary and other earnings of the employee;<\/p>

–\u00a0\u00a0\u00a0 deadlines for payment of salaries and other earnings to which the employee is entitled;<\/p>

–\u00a0\u00a0\u00a0 the duration of daily and weekly working hours.<\/p>

\u00a0<\/p>

For the employer it is important to determine the time on which the mentioned contract is concluded so that he wouldn\u2019t be in the situation of concluding an indefinite contract whit a person he doesn\u2019t want to. Having in mind the previously said, the employment contract can be concluded for a definite or indefinite time.\u00a0<\/p>

It is important for both contracting parties that they determine the date of commencement of work of the employment, because that is the date when all the rights and obligations start.<\/p>

We draw attention that the employer also has a legal obligation to send a request for mandatory social insurance within the period prescribed by the law governing the Central Register of Mandatory Social Insurance, at the latest before the employee is about to start work.<\/p>

On all rights and obligations of the employee that are not mentioned in the employment contract, the provisions of the The Law will be applied, as well as general acts of the employer (if there are any). Depending on if the employer has a general act that proscribes for example criteria for determining the duration of annual leave, rights on other income, damage fees, and cases of violating work obligations will depend on the content and scope of the employment contract. If there is in fact a general act that is mentioned above, the content of the employment contract will be more concise. The content of the employment contract, which primarily relies on the provisions of the general act, will be aimed at regulating specific aspects of the employment relationship.<\/p>

\u00a0<\/p>

Most common forms of employment contracts<\/h3>

Probation work \u2013 Employment contracts of this kind can be concluded on a maximum period of 6 months. In case the employee who is on probation work didn\u2019t demonstrate appropriate work and professional abilities, the Employer can before the time period which was concluded for the probation work, terminate the employment contract with a notice period that cannot be less than 5 working days. If the employee who is on probation work, gets fired before the termination of the probation work, the employer will be obligated to explain the reason for canceling the employment contract.<\/p>

Employment contract concluded for a definite period of time –\u00a0 The time period for probation work must be determined in advance with objective reasons that might be justified with a deadline,\u00a0 executing a certain job, or occurrence of a certain event.\u00a0 In practice, it often happens that the employers, because of a certain form of work, want to renew these kinds of employment contacts with a specific employee, that cannot be concluded for a longer period of time than 24 months (including times when the contract has been terminated)\u00a0 in accordance with the Labor Law. If the employment contract was terminated for less than 30 days, it will not be considered as termination.<\/p>

Employment engagement in case of high-risk jobs \u2013 In order to conclude a contract of this kind, the employee must meet some requirements that are necessary so that he can do a high-risk job. The proof and validation, that an employee is suitable to do a high-risk job, that is his medical and psycho-physical state are determined by a health authority.<\/p>

Part-time employment engagement \u2013 As the Labor Law states, employment contracts can be concluded for an indefinite period and a definite period of time, and also both employment engagements can be concluded as part-time or as full-time. The employee is entitled to a salary that is determined by his time spent at work. The employer is obligated to provide the same work conditions for both types of employees. If the employee who is working part-time wants to change his work engagement to full-time, and vice versa, the employer is obligated to consider their requests.\u00a0<\/p>

Employment engagement for performing activities outside the employer\u2019s premises \u2013 the Labor Law recognizes two situations and they are working from home and remote work. An increasingly popular option, for the employee as well as for the employer is so called work from home, in which case the Labor Law stated that whit all the general elements that one employment contract must have, this kind of contract must also contain:<\/p>

–\u00a0\u00a0\u00a0 the duration of working hours according to the work norms;<\/p>

–\u00a0\u00a0\u00a0 the way of controlling the quality of work activities of the employee;<\/p>

–\u00a0\u00a0\u00a0 means of work tasks that the employer is obligated to acquire, install and maintain;<\/p>

–\u00a0\u00a0\u00a0 other labor costs and ways of their determination;<\/p>

–\u00a0\u00a0\u00a0 other rights and obligations.<\/p>

The employer must keep in mind that the salary of an employee that is working from home isn\u2019t lower that the salary of the employee that has the same work tasks and position but works from the employers office.<\/p>

Trainees \u2013 If the employer concludes an employment contract with a person who concludes such an agreement for the first time then the person can be considered a trainee. In order for such a person to conclude this kind of an employment contract, he needs to have gained an education specific to the position he applied for, which is determined by law or a rule book. The trainee position can last a maximum of a year if it\u2019s not determined by any law. A trainee is entitled to have a salary and other rights that are guaranteed by an employment contract.<\/p>

Having in mind all the above, we note that the quality of an employment contract, that is its provisions, often depends on the quality of the employment engagement, as well as the possibility of a dispute between the parties, that is between the employer and the employee, if some of the provisions aren\u2019t precisely regulated in accordance with the legal norms, so the professional approach is crucial in order to prevent all potential legal disputes between the employer and the employee.<\/p>

\u00a0<\/p>

The provisions in the employment contract<\/h3>

The crucial part of any employment contract, are legal provisions that regulate specifics such as intellectual property, provisions that are aimed to stop illegal competition as well as NDA<\/a> clauses for data protection. Depending on the kind of work activities and obligations of the employee, some of the provisions might be of vital importance to the employer.<\/p>

\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

THE CONCEPT AND THE CONTENT OF THE EMPLOYMENT CONTRACT Employment contract is a named contract, whose elements are regulated by the Labor Law (hereinafter referred to as \u201cThe Law\u201d) and represents a base for establishing an employment engagement between the employer and the employee. Although The Law is mostly directed…<\/p>\n","protected":false},"author":1,"featured_media":4501,"parent":2273,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/template-fullwidth.php","meta":{"footnotes":""},"class_list":["post-2206","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/pages\/2206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/comments?post=2206"}],"version-history":[{"count":12,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/pages\/2206\/revisions"}],"predecessor-version":[{"id":5533,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/pages\/2206\/revisions\/5533"}],"up":[{"embeddable":true,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/pages\/2273"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/media\/4501"}],"wp:attachment":[{"href":"https:\/\/www.milic.rs\/eng\/wp-json\/wp\/v2\/media?parent=2206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}