How to amend a signed employment contract?

ANNEX OF THE LABOUR CONTRACT

 Initial considerations

Mutual rights and obligations of the employee and the employer are regulated by the Labour Contract (the „Contract “). However, the circumstances under which the Contract is concluded may change from the moment of establishment until the termination of employment. In order to adapt the Contract to the new circumstances, the employer may offer the employee the conclusion of the Annex of the Labour Contract (the “Annex“).

Legislation

The Labour Law (“Official Gazette of RS“, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017, 113/2017 and 95/2018, the “Law“) prescribes conditions under which the employer can offer the employee a change in the agreed working conditions and these are the following situations:

  • for the purpose of transfer to another suitable job, due to the needs of the process and organization of work;
  • for the purpose of transfer to another place of work with the same employer;
  • for the purpose of referral to work for a suitable job with another employer;
  • if the redundant employee has been provided with the exercise of the rights provided by the Law;
  • for the purpose of changing the elements for determining the basic salary, work performance, salary compensation, increased salary and other employee benefits that are contained in the Contract;
  • in other cases, determined by the Law, general act and Contract.

An appropriate job in the sense of the Law is considered to be a job for which the same type and level of education is required.

The Law prescribes the obligation of the employer to submit a written notice to the employee with the Annex, which contains:

  • reasons for the offered Annex;
  • deadline within which the employee must declare which cannot be shorter than 8 working days and
  • legal consequences that may arise from non-signing of the Annex.

Exceptionally, if it is necessary to perform a certain job without delay, the employee may be temporarily transferred to other appropriate jobs on the basis of a decision, without an offer of the Annex, for a maximum of 45 working days in a period of 12 months.

Transfer to another place of work

An employee may be transferred to another place of work under certain conditions:

  • if the activity of the employer is of such a nature that the work is performed in places outside the seat of the employer, i.e. its organizational part;
  • if the distance from the place where the employee works to the place where he is transferred to work is less than 50 km and if regular transport is organized which enables timely arrival to work and return from work and compensation of transport costs in the amount of the transport ticket price is provided. public transport.

In other cases, the employee may be transferred to another place of work only with his consent.

Referral to work with another employer

An employee may be temporarily sent to work for another employer for a suitable job if the need for his work has temporarily ceased, business premises have been leased or a business cooperation agreement has been concluded, while the reasons for sending him last for a maximum of 1 year.

However, if the reasons for the referral last longer than 1 year, then the employee may work for another employer for as long as the reasons for the referral last, but only if he has agreed to it.

An employee concludes a labour contract for a fixed period of time with the new employer.

After the expiration of the period for which he was sent to work for another employer, the employee has the right to return to work for the employer who sent him.

Employee protection

The employee enjoys judicial protection both in case of signing and in case of refusal to sign the Annex.

If the employee signs an Annex within the set deadline, he reserves the right to challenge the legality of that Annex before the competent court.

Refusal to sign the Annex is one of the reasons for dismissal in accordance with the Law. In this regard, an employee who rejects the Annex’s offer within the set deadline, reserves the right to challenge the legality of the Annex in court proceedings regarding dismissal.

The deadline for filing a lawsuit is 60 days from the day of concluding the Annex, i.e. the expiration of the deadline for its acceptance. The competent court is The Basic Court of the seat of the employer or the court of the area where the work is performed or has been performed.

If, during the proceedings, the court finds that the employee’s employment has been terminated without a legal basis, at the request of the employee, it may decide:

  • to return the employee to work,
  • to compensate him for the damage and
  • payments of related contributions for compulsory social insurance for the period in which the employee did not work.

Misdemeanour liability of the employer

An employer who offers an employee the conclusion of an Annex in violation of the rules provided by law, shall be punished for the misdemeanour.

For a misdemeanour in this sense shall be punished by a fine of:

  • RSD 600.000,00 to 1.500,000,00 if the employer is a legal entity;
  • RSD 30.000,00 to 150.000,00 responsible person at the employer of the legal entity, i.e. representative of the employer of the legal entity;

RSD 200.000,00 to 400.000,00 if the employer is an entrepreneur.