Everything you need to know about the Rulebook on organization and systematization of work with the employer

Being an employer in the Republic of Serbia means having certain rights but also obligations towards both employees and the state. Among the numerous requirements that the employer should fulfill, we single out the acts that every employer that operates legally should have. These are acts prescribed by the Labor Law, the Law on Safety and Health at Work, the Law on Protection of the Population from Exposure to Tobacco Smoke and many other regulations. In this text, we shall focus on the Rulebook on systematization and organization of work (“Rulebook”).

The Definition

The Rulebook is a general legal act of the employer which regulates organizational parts and systematizes jobs in a specific company. Adoption of the Rulebook is an obligation provided by the Labor Law (“Official Gazette of RS”, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision US, 113/2017 and 95 / 2018 – authentic interpretation, “Labor Law”) and is an important act that can help a company to better organize business.

Who brings it and in which case?

By “employer” we mean not only companies, but also institutions, associations, cooperatives, foundations, etc. Every employer that has more than 10 employees has the obligation to adopt the Rulebook. Otherwise, if the employer employs 10 or less than 10 employees, systematization is not mandatory. An “employee” is a natural person who is employed by an employer, and the Labor Law stipulates that an employment relationship is based on an employment contract (for a definite or indefinite period). Therefore, the Rulebook must be adopted by the employer who has 11 or more persons with a concluded employment contract. Persons who have concluded a temporary service agreement, a contract on temporary and occasional jobs, a contract on the rights and obligations of the director, a contract on additional work, a copyright contract or any other contract outside employment are simply not taken into account when qualifying the employer for the obligation to bring the Rulebook. On the other hand, the Rulebook is very useful, so it is not forbidden for employers with fewer employees to adopt it, the more it is desirable for both employees and employers.

Contents of the Rulebook

The Rulebook has the following sections:

1. Introduction;
2. Organizational units;
3. Systematization of jobs with job descriptions;
4. Final provisions;
5. Attachments (supplements).

The introduction has general provisions concerning the definition of a legal entity that has the role of an employer and the activity it performs. Then it is specified what the Rulebook regulates, by simply listing the following parts. Here, it is important not to enter parts that will not be processed later by the Rulebook, but to stick only to those elements that the Rulebook really regulates.

The Labor Law briefly and simply stipulates the minimum requirements regarding the content of the Rulebook in Article 24, paragraph 2:

“The Rulebook determines the organizational parts of the employer, the name and description of the job, the type and degree of required education, and other special conditions for working on those jobs, and the number of executors can also be determined.” We distinguish between the obligatory parts of the Rulebook, which are all listed in the article, and one optional element of the Rulebook – the number of executors. However, it is not prohibited for the employer to include other elements in the Rulebook, which are not listed in this legal article, if there is a sense and logic in adding these elements to the general act. Thus, the employer is left with a wide freedom to create the Rulebook according to his needs and according to the requirements of the job.

The very name of the Rulebook on Organization and Systematization indicates two general parts of this general act. The advice is to first prescribe the organization in the Rulebook, and then move on to standardizing the systematization.

1. Organization

The organization is regulated by the employer at its discretion. It is an almost unlimited freedom and the possibility of countless variants of business organization, which always depends on the specific case. The organization defines the organizational units of the employer, e.g., directorates, sectors, services, if any, and their scope, objectives and rules, for each individually. The organization can be divided by projects, locations where jobs are performed, types of products sold, etc., all depending on the activity and needs of the employer.

In the part concerning the organization of business, the relations between the organizational units should be specially regulated, as well as the way of management. This is where the management of the employer by the director and possibly senior management comes to the fore. It is necessary to prescribe the manner of functioning of the management, and if there are several directors, it is necessary to describe their business relationship in a clear way, as well as the scope of authority, cooperation and decision-making.

2. Systematization

The next part of the Rulebook is the systematization of jobs and that is also the most important part.

Within each organizational unit, specific jobs are defined and within each of them a job description, degree and type of required education, while the number of executors, as we mentioned, is not a mandatory element. In terms of job descriptions, the advice is to define as precisely as possible what the duties of the employee are. This segment must be included in the employment contract for a specific job. When describing jobs, it is not recommended to use provisions such as e.g., “and other jobs”, “other duties provided by the employer”, etc. because the employee must know exactly what the job description of his job is. Regarding the type of education, the Decision on the Unified Codex of Codes for entering and coding data in records in the area of work (“Official Gazette of RS”, No. 56/2018, 101/2020 and 74/2021) is currently being applied and it is binding. It is necessary for the employer to enter all possible occupations that come into consideration when hiring for a certain job. When it comes to the level of education, the Labor Law prescribes that for work on certain jobs, a maximum of two consecutive degrees of education, can exceptionally be envisaged. This would mean that the general rule is to provide only one level of education for a certain job. Exceptionally, if it is in accordance with a certain job, a maximum of two consecutive degrees can be envisaged. In addition to these general conditions, the employer may also provide special conditions for establishing an employment relationship at a specific workplace, such as e.g., work experience, certain skills and knowledge (erg language skills, possession of a driver’s license, license, certificate, etc.).

Systematization of jobs is often presented in the form of tables with job descriptions and all other provided conditions. Also, often the Rulebook itself is accompanied by charts and diagrams that illustrate the organizational structure.

In addition to these parts, the systematization can specify some other issues, such as the way in which labor relations are regulated with the employer, e.g., how the employment relationship is established, what documentation needs to be attached when establishing the employment relationship, how the fulfillment of certain conditions for work is proven, e.g., certificate, diploma, etc., whether there is a probationary period and how long it lasts, how the employment can be terminated, etc.

The final part of the systematization is the formal part which contains: the date of entry into force of the Rulebook and the manner of publication, the manner in which possible disputes will be resolved, etc.