Mandatory Regulations for Employers with More than Ten Employees

PKS Energetika UPES AK STATT

Introduction

This expert text covers the legal norms valid on the day of publication. The views expressed represent our interpretation of positive legal norms and are not binding instructions.

Special Obligations for Employers

In addition to general obligations, employers with more than ten employees must fulfill specific requirements, especially for candidates with certain characteristics or those working in high-risk positions. This includes individuals under 18, persons with health issues or disabilities, and high-risk job positions.

Medical Certificate for High-Risk Jobs

  • Mandatory Medical Certificate: Employers must obtain a medical certificate before hiring employees for high-risk jobs. Employees can only work in these positions if a competent health authority confirms their health suitability.
  • Health Conditions: Employers must define specific health conditions for high-risk jobs through a risk assessment act, based on the occupational medicine service’s evaluation.
  • Medical Examinations: Preliminary medical examinations are required before starting work, before transferring to high-risk positions, when new risks are identified, and after breaks longer than 12 months.

Parental Consent for Minors

  • Written Consent: Employers must obtain written consent from a parent, adopter, or guardian and a medical report for employees under 18.
  • Conditions for Employment: Employment is only allowed if the work does not harm the minor’s health, morals, or education, and is not prohibited by law.
  • Cost Coverage: The national employment organization covers medical examination costs for unemployed minors.
  • Penalties: Employers violating these provisions face fines from 600,000 to 1,500,000 dinars.

Employees with Health Issues or Disabilities

  • Medical Documentation: Employers must obtain relevant medical documentation to ensure that employees with health issues or disabilities do not perform tasks that could worsen their condition or endanger others.
  • Adapted Work Conditions: Employers must provide tasks suited to the working capacity of employees with health issues or disabilities, in accordance with the law.

Essential Regulations for Employers

Work Regulations and Collective Agreements

Work regulations and collective agreements define the mutual rights, obligations, and responsibilities of employees. Although the law does not mandate a minimum number of employees for adopting work regulations, it is advisable for larger employers to have these documents to streamline employment contracts and clarify employment terms.

Organization and Job Classification Regulations

Employers with more than ten employees must adopt organization and job classification regulations. These define organizational units, job titles, descriptions, required qualifications, and other conditions for tasks. While the format is flexible, employers must comply with legal constraints.

Risk Assessment Act and Safety Regulations

  • Risk Assessment Act: Employers must draft a risk assessment act for all job positions and determine measures to mitigate risks.
  • Safety Regulations: Employers with more than ten employees must also draft safety and health at work regulations.
  • Fines: Non-compliance can result in fines ranging from 800,000 to 1,000,000 dinars for legal entities, with lower fines for private entrepreneurs and responsible persons.
  • Epidemic Measures: During an epidemic, employers must draft an implementation plan to prevent the spread of disease, as per the Rulebook on Preventive Measures for Safe and Healthy Work.

Internal Whistleblowing Procedure Regulations

Employers with more than ten employees must adopt internal whistleblowing procedures and display them prominently. Fines for non-compliance can reach up to 500,000 dinars for legal entities, with lower fines for responsible persons.

Personal Data Protection Regulations

  • Data Handling: Employers must handle personal data of employees in line with the Constitution and the Law on Personal Data Protection.
  • Measures: Appropriate technical and organizational measures must be taken to ensure lawful data processing.
  • Internal Acts: Employers should develop internal acts on personal data protection, considering the nature, scope, context, and purposes of data processing, and the associated risks to individuals.

Conclusion

Mandatory regulations and acts are crucial tools for ensuring a lawful and safe working environment. Compliance with these obligations provides legal security and protects the health of employees. Adhering to these legal norms is essential for efficient and lawful business operations.

AK Stojković, Business Compliance, business rules for employers, data protection regulations, employer regulations Serbia, labor law regulations, legal advice for employers, mandatory regulations for employers, organization and job classification, personal data protection, risk assessment act, safety at work, whistleblowing procedure, work regulations, workplace safety regulations

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