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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:

1. cash benefit;
2. health insurance and retirement and disability insurance, and
3. 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

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 Labour, Employment and Social Policy, 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.

Records

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:

1. fail to report to the National Employment Service within the prescribed time periods;
2. fail to submit the proof of active job seeking at the National Employment Service request;
3. refuse the offered mediation in finding adequate employment;
4. fail to report to the employer referred to by the National Employment Service;
5. refuse to set up an individual plan of employment, or fail to comply with its items;
6. refuse to participate or give up the participation in the active employment policy measure through a fault of their own;
7. fail to respond to a call by the National Employment Service and
8. 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:

1. withdraws his name from the record;
2. takes up employment or exercises his right to insurance on other bases;
3. becomes a regular pupil or student provided he is younger than 26 years of age;
4. meets conditions for exercising rights to old-age pension or exercises the right to survivor’s or disability pension;
5. turns 65;
6. becomes fully disabled to work;
7. is sent to serve a prison sentence, a passed security, corrective or protective measure, in the duration longer than six months and
8. 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 Labour, Employment and Social Policy supervises the enforcement of this law and regulations enacted to implement it, as well as the work of the National Employment Service and agencies.