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Law on prevention of mobbing at work (“Official Gazette of the Republic of Serbia” No. 36/2010)

National Assembly of the Republic of Serbia at the Fourth session of the First ordinary Assembly has passed the Law on Prevention of Mobbing at work on May 26th, 2010. The Law came into force on June 5th, 2010, and became applicable on September 4th, 2010.

The application of Law should create conditions for healthy and safe work environment, and employer should create conditions in that purpose. Law prohibits mobbing at work and in activities related to work, prescribes measures for mobbing prevention and procedure for protection from mobbing, and prescribes misdemeanor liability for employer.

Rights and duties from this Law are provided for all employees, and/or the ones that are hired with an employment contract or any other working contract (temporary and occasional work, employment based on service contract, complementary work and employment based on professional training and development contract).

Law prescribes that mobbing is every active or passive behavior towards employees or a group of employees that is repeated, and that has for its purpose or represents violation of dignity, reputation, personal or professional integrity, health and position of an employee and which causes fear or creates hostile, humiliating and offensive environment, or deteriorates working conditions and leads to the isolation or termination of an employment or any other contract by employee.

For mobbing protection employer has a duty to inform employee before the start of employment with a written notice about mobbing prohibition, and also notice him about rights, duties and liabilities of employer and employee. Employer also has a duty to train employees and their representatives to recognize causes, types and consequences of mobbing.

Within 30 days from the start of the application of this Law, meaning until October 4th 2010, employers have a duty to inform employees about mobbing prohibition and other rights and duties. Employer sends a notice to employees in 2 copies, of which one belongs to employer and other to employee.

For disrespect of the above mentioned provision, a fine ranging from 100.000,00 to 400.000,00 dinars is provided for legal entities and a fine ranging from 5.000,00 to 30.000,00 is provided for responsible person within an entity.