Representative branch unions of for agriculture, food production, tobacco industry and waterpower engineering founded for the territory of Republic of Serbia and representative Association of employers for agriculture, food production, tobacco industry and waterpower engineering of Serbia on January 28, 2016 concluded the Special Collective Agreement for agriculture, food production, tobacco industry and waterpower engineering (”Official Gazette of RS”, no. 76/2016 – hereinafter: „SCA“), applicable as of September 17, 2016 and with the validity period of three years.
The SCA regulates the rights, obligations and responsibilities of employers and employees arising from employment, i.e. based on employment and it is applicable to all employees, except the manager. Some provisions of the SCA can also be applied to persons who are engaged based on the special agreements.
The most important provision affecting the rights of the employees and emplyers are as follows:
- women during pregnancy and mothers with a child up to the age of three cannot perform high risk jobs;
- employer is obliged to ask for the opinion of representative unions, before determining part-time jobs,
- employer is obliged to inform employees on the changes in working schedule at least seven days before the change and at least five days before the beginning of redistribution of working hours;
- employer can change the time of use of annual leave, at least seven working days before the day determined for use of annual leave, and compensate the actual expenses of the employee caused by the change of annual leave;
- employer is obliged to provide to the employee paid leave in total duration up to seven days during the calendar year, with the list of reasons for paid leave extended;
- employer is obliged to additionally insure the employees who work on high risk job positions, in increased amounts determined by general act at the employer;
- the elements for defining of basic salaries, the lowest coefficient by groups of jobs are determined by SCA, as well as the obligation of the employer to specify the coefficients for all jobs listed in the rulebook on organization and systematization of job positions;
- SCA prescribes higher percentages for salary increase, as well as additional cases in which the employee is entitled to increased salary and to earnings based on the contribution to the business success of the employer;
- the list of cases in which the employer is obliged to pay the compensation of salary in the amount of 100% is extended, just as the employer is now obliged to pay the 65% of the salary during the interruption of work caused by the order of the competent state body or of the competent body of the employer, as well as during the interruption of work caused without employee’s fault;
- the SCA regulates the issue of compensation of costs in public transport for commuting to and from work, time spent at business trip in the country and abroad, cost for accommodation and food during the work in the field (field allowance), as well as for the use of the personal car for business purposes;
- the amount for food allowance for the days spent at work is set in the amount of at least RSD 4.200,00 for full monthly presence at work, the amount of annual leave compensation cannot be less than RSD 21.000,00 per year, increased for the corresponding taxes and contributions;
- the general acts or employment contracts must also regulate the right to: (i) jubilee award; (ii) solidarity help; (iii) Christmas and New Year children presents; (iv) more favorable loans for purchase of winter stores, firewood, and school books; (v) organizing of free collective meals instead of payment of compensation for food in course of work;
- the SCA specifies the criteria for redundancy, whereas the general act at the employer should define detailed measures for determining the redundancy in accordance with the prescribed criteria.
Finally, the Article 124 of SCA stipulates the obligation for employers to harmonize their general acts with the provisions of this SCA within the deadline of six months as of entering on the force, i.e. until the March 17, 2017.