5.3.
AREA OF SOCIAL AND CULTURAL RIGHTS
ACTIVITIES OF THE PROTECTOR OF CITIZENS
Rights on the basis of labor
In the previous year as well, citizens most frequently complained to the Protector of Citizens
about the workplace abuse, willfulness and illegality in passing of the decision about the
termination of labor relation, lack of payment or irregular payment of earnings and failure to
pay contributions for social insurance. In the fear of losing jobs, employees most often report
their dissatisfaction only when they lose their job and when proving of rights is possible
exclusively in court proceedings which last long and suggest material costs. Furthermore,
there is a great number of employees who cannot charge their receivables from labor relation
(earnings and contributions) taking into consideration that these are employees of companies
which underwent the restructuring or bankruptcy process and have their accounts blocked.
The Protector of Citizens, on the basis of received complaints in the reporting period noticed
that employees use insufficiently the existing legal possibilities for the protection of rights –
contacting the Republic agency for peaceful settlement of labor disputes, labor inspection or
demanding court protection.
In this reporting period as well, citizens complained also about the operation of Labor
Inspectorate indicating its untimely actions. The number of labor inspectors which is not
sufficient for efficient and quality performance of activities certainly has impact on the
efficiency and work quality of the Inspectorate.
With the aim of the improvement of the work upon the complaints of citizens, the Protector
of Citizens issued to the Labor Inspectorate the opinion with recommendation205 in which it
was indicated to the need that the Inspectorate in its future actions, with due attention
considers each reporting, especially the circumstance if it refers to the violation of the Labor
Law and other equal regulations with regards to which they are authorized for the initiation
of the procedure of inspection supervision.
In this reporting year, too, there were tragic events with certain employees which lead to
injuries and death of some employees. With regards to that, the Protector of Citizens took
activities both upon his own initiative and upon complaints of activities but also by publishing
statements. With the aim of further decrease and prevention of injuries and deaths, the
Minister of Labor, Employment, Veteran and Social Affairs announced that soon he would
submit to the National Assembly of the Republic of Serbia the proposal of the new Law on
Insurance in Case of Workplace Injuries. The stated law should stipulate preventive actions
and improve the system of protection of employees against workplace injuries as well as
corresponding and more just damage compensation without conducting of court proceedings
in case of workplace injury, which would significantly change the relationship between
employers and employees so far.206
Even though the organized system of earnings and employment in the public sector is one of
crucial factors of functioning of a public authority and bearers of public authorizations, in
Opinion with recommendation available at: https://ombudsman.rs/index.php/2011-12-11-11-34-45/6326-zsh-i-ni-gr-d-n-upu-i-ishlj-nj-insp-r-u-z-r-d-inis-rs-v-z-r-d-z-p-shlj-v-nj-b-r-c-i-s-ci-ln-pi-nj.
206 Available at: https://www.ombudsman.rs/index.php/2011-12-25-10-17-15/2011-12-26-10-05-05/5865-p-shlic-r-zi-hi-n-dg-v-r-n-dl-znih-z-b-zb-dn-s-i-z-sh-i-u-r-dni-n-r-du.
205
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