RIGHTS STEMMING FROM UNEMPLOYMENT INSURANCE
Unemployed persons exercise certain rights related to employment – aiming
at and having the ultimate goal of employing such a person, pursuant to
the Law on Employment and Unemployment Insurance. Beside other ones, unemployed
persons exercise the rights to free choice of occupation
and employment, to be informed by the National Employment Service and
agencies on the opportunities and conditions for employment, and to use
the services of the National Employment Service and employment agencies
free of charge.
These rights are exercised with the National Employment Service which
is the unemployment insurance institution in the Republic of Serbia, and
with employment agencies.
Beside the above stated rights, unemployed persons
can, on the basis of the compulsory insurance, be provided with exercising
the following rights:
- cash benefit;
- health insurance and retirement and disability insurance, and
- other rights pursuant to the law.
Funds for exercising the above rights are provided from the contributions for the compulsory unemployment insurance and other resources.
Employment abroad is realised on the basis of the notification of the need for employment abroad which is to be submitted to the Ministry of Economy and Regional Development, National Employment Service or an employment agency.
In the aim of enabling employment abroad, the Ministry can conclude an employment contract with the competent body, organization or employer abroad.
National Employment Service and employment agencies mediate in employing
persons abroad and are to provide the protection of persons in the procedure
of employing abroad, which implies at least equal treatment related to
employment with the citizens of the country of employment during their
employment and stay abroad. National Employment Service and agencies are
also to provide: - work and residence permit abroad; - coverage of costs
of general, sanitary and specialist health examinations; - issuing a certificate
on health capacity; - coverage of travel expenses; - information on the
conditions of living and working abroad; - as well as the information
on the rights and obligations stemming from employment; - concluding employment
contract before leaving, and – other contractual rights.
The procedure of exercising rights
The rights of an unemployed person are to be decided on in the procedure
prescribed by the law regulating general administrative procedure.
The decision to be made in the first instance is by the competent body
stipulated by the statute law – the National Employment Service, while
in the second instance the decision is to be made by the director of the
National Employment Service. An action against final decision can institute
administrative dispute before the competent court.
In the area of employment, individual records are kept by the National
Employment Service and employment agencies, while the central record is
kept by the National Employment Service.
Unemployed persons are removed from the record if they, without a valid reason, fail to meet their obligations, namely if they:
- fail to report to the National Employment Service within
the prescribed time periods;
- fail to submit the proof of active job seeking at the National
Employment Service request;
- refuse the offered mediation in finding adequate employment;
- fail to report to the employer referred to by the National
- refuse to set up an individual plan of employment, or fail
to comply with its items;
- refuse to participate or give up the participation in the
active employment policy measure through a fault of their own;
- fail to respond to a call by the National Employment Service
- work without a concluded employment contract or the contract
on the basis of which they are entitled to work outside formal employment.
If there is a valid reason for the failure to report to the National
Employment Service, unemployed persona are to report to and inform the
National Employment Service in person immediately upon the cessation of
the valid reason.
Keeping a record on an unemployed person is to be terminated if the person:
- withdraws his name from the record;
- takes up employment or exercises his right to insurance on other bases;
- becomes a regular pupil or student provided he is younger than 26 years of age;
- meets conditions for exercising rights to old-age pension or exercises the right to survivor’s or disability pension;
- turns 65;
- becomes fully disabled to work;
- is sent to serve a prison sentence, a passed security, corrective or protective measure, in the duration longer than six months and
- is a foreigner with an expired permanent or temporary residence permit.
Records on employers consist of the data related to the title, unified register ID code, tax identification number, the number of employed persons, as well as other data needed for keeping a record. The record is kept according to the employer’s seat.
Supervision over employment institutions
Ministry of the Economy and Regional Development supervises the enforcement
of this law and regulations enacted to implement it, as well as the work
of the National Employment Service and agencies.