Serbia this system still has not come to life. Namely, the National Assembly of the Republic of
Serbia on 6th December, 2019 adopted the Law on Amendments to the Law on the System of
Salaries of Public Sector Employees207 which prescribes the postponement of the beginning of
application of the new system of salaries for employees in the public sector to 1st January, 2021.
As the reason for passing of the stated amendments to the Law the needs to implement a more
detailed estimation and to enable planning and confirmation of labor costs of employees
according to the news system of salaries as well as to redefine deadlines from which the
application of the systemic and special laws on salaries in individual parts of the public sectors
are stated. Simultaneously to the amendments to the Law, the National Assembly adopted
also the laws which regulate specifics of salaries of public sector employees, which also have
their application postponed to 2021 as follows: the Law on Amendments to the Law on Public
Service Employees,208 Law on Amendments to the Law on Salaries of Employees at Public
Agencies and Other Organizations Founded by the Republic of Serbia, an Autonomous
Province or Local Self-Government Unit209 and Law on Amendments to the Law on Salaries
of Civil Servants and Employees at Bodies of Autonomous Provinces and Local SelfGovernment Units.210
Pension and disability insurance
During 2019, citizens continued to complain about untimely actions of the Republic Pension
and Disability Insurance Fund (hereinafter: PDI Fund), especially organizational units of the
PDI Fund with the aim of acting upon citizen complaints and acting upon orders from secondinstance decisions of the PDI fund, as well as Directorate of the PDI Fund for the purpose of
deciding about complaints stated against first-instance decisions. Apart from that, citizens still
indicate to the inability of the exercise of the right to the full-scale pension, because the data
on the years of service, earnings and compensations of earnings for certain periods are
missing. Even in the situations when it is undisputable that contributions were paid, they are
not recognized in the years of service of insurance because M-4 forms are missing. What is
also apparent is the continued absence of cooperation between the PDI Fund and Tax
Administration, when it comes to obtaining evidence about facts on which the volume of the
exercise of the right to pension depends. Furthermore, the PDI Fund refers citizens to contact
former employers with the aim of obtaining necessary evidence instead of taking this activities
itself pursuant to the Law.
A special problem which citizens face is the impossibility to return financial funds which were
suspended by the PDI Fund for unpaid contributions by taking one third of the pension.
Namely, the provision of Article 4 of the Decision on Determination of the Property of
Insurance Beneficiaries and Obligation of the Payment of Contributions for Mandatory
Pension and Disability Insurance211, on the basis of which the PDI fund suspended one third
of the pension ceased to be valid on the basis of the Decision of the Constitutional Court212,
but citizens were not provided with the return of financial funds before the regular procedure
before the PDI fund and the procedures regarding this legal issue are conducted before the
Administrative Court or Court of Appeal and are still in progress.
Even though in the previous reporting year the Protector of Citizens issued to the Ministry of
Labor, Employment, Veteran and Social Affairs, Office for Kosovo and Metohija and PDI Fund
“Official Gazette of RS“, no. 86/19.
“Official Gazette of RS“, no. 86/19.
209 “Official Gazette of RS“, no. 86/19.
210 “Official Gazette of RS“, no. 86/19.
211 “Official Gazette of RS“, no. 43/2011.
212 IUО-279/2016, dated 21st December, 2017.
207
208
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