Change of employer and preservation of employment: Serbian experience in light of European law
Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protec...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2019-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651902102K.pdf |
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| _version_ | 1849408448414875648 |
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| author | Kovačević Ljubinka Kovács Erika |
| author_facet | Kovačević Ljubinka Kovács Erika |
| author_sort | Kovačević Ljubinka |
| collection | DOAJ |
| description | Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer. |
| format | Article |
| id | doaj-art-79a3231a1898409b8aad22f52107c40d |
| institution | Kabale University |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-79a3231a1898409b8aad22f52107c40d2025-08-20T03:35:47ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-0167210212710.5937/AnaliPFB1902107K0003-25651902102KChange of employer and preservation of employment: Serbian experience in light of European lawKovačević Ljubinka0https://orcid.org/0000-0003-4927-0813Kovács Erika1University of Belgrade, Faculty of Law, SerbiaVienna University of Economics and Business, AustriaProtection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651902102K.pdfchange of employerconsent of employeelabour law harmonizationtransfer of employment contractstransfer-related dismissal |
| spellingShingle | Kovačević Ljubinka Kovács Erika Change of employer and preservation of employment: Serbian experience in light of European law Anali Pravnog Fakulteta u Beogradu change of employer consent of employee labour law harmonization transfer of employment contracts transfer-related dismissal |
| title | Change of employer and preservation of employment: Serbian experience in light of European law |
| title_full | Change of employer and preservation of employment: Serbian experience in light of European law |
| title_fullStr | Change of employer and preservation of employment: Serbian experience in light of European law |
| title_full_unstemmed | Change of employer and preservation of employment: Serbian experience in light of European law |
| title_short | Change of employer and preservation of employment: Serbian experience in light of European law |
| title_sort | change of employer and preservation of employment serbian experience in light of european law |
| topic | change of employer consent of employee labour law harmonization transfer of employment contracts transfer-related dismissal |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651902102K.pdf |
| work_keys_str_mv | AT kovacevicljubinka changeofemployerandpreservationofemploymentserbianexperienceinlightofeuropeanlaw AT kovacserika changeofemployerandpreservationofemploymentserbianexperienceinlightofeuropeanlaw |