How to protect your rights at work

Knowing your employment rights helps you understand your position as an employee. This article gives a general overview of the rules, documents and ways to protect those rights.

1. Employment legislation

In Serbia, the Labour Law is the main legislation governing employees’ and employers’ rights and obligations. It regulates matters including working hours, leave, pay and termination of employment. Separate legislation also governs safety at work. A collective agreement and an employer’s internal rules may also be relevant to a particular employment relationship.

2. A written employment contract

An employment contract sets out information about the employment relationship, including duties, pay and working hours, in accordance with the law. A written contract is an important document in a dispute. The absence of a written contract does not in itself mean that an employee has no rights; the law also provides for the consequences of that situation.

3. Documents

The contract, amendments, pay statements, leave decisions and other documents may serve as evidence in a dispute. The dates on which the employee received a decision or other document also matter.

4. Irregularities and ways to protect your rights

Unpaid wages, discrimination and workplace harassment have different legal bases and procedures for protection. Depending on the issue, contacting the employer, labour inspectorate, trade union or court may be relevant. A conversation with the employer does not replace the prescribed procedure or, in itself, stop statutory deadlines from running.

5. The role of trade unions

A trade union may provide information and support in protecting employees’ rights. Membership and the forms of assistance available depend on the organisation and its rules.

6. Legal assistance

Assessing an individual matter requires documents and the circumstances of the employment relationship. After reviewing them, an attorney can explain the applicable rules and possible steps.

Conclusion

Protecting rights depends on the type of issue, documents and deadlines. A general overview cannot determine which procedure is appropriate in a particular case.