Extensive powers provided by the Labour Law are used by the employers to ‘write’ annual leave request forms while the shops are closed and thus reduce the already minimum number of days planned for annual leave.
Many workers had the duration of their annual leave halved while employers justify it by saying that these days would be lost anyway as they have to be used no later than June 30.
Radoslav Topalović, President of the Autonomous Trade Union of Workers in Commerce, says that up to now not a single worker’s complaint has been submitted but it doesn’t mean that such situations haven’t happened.
“Not a single worker complained. Labour Law provides employers with extensive powers regarding annual leave while employees neither go to the Labour Inspection nor to the union in order to keep their jobs. By the rule, employer has the right to determine the length of the annual leave, which means that workers have their hands tied”, says Topalović.
A worker in a well-known cosmetics chain in Belgrade says that all employees accept employer’s decision without any rejection because they think that they aren’t in the position to protest because they would easily be replaced by the colleagues waiting for a job and end up in the street.
In the Ministry of Labour they explain that according to the Article 75 of the Labour Law employer decides about the period of annual leave after having previously consulted the employee and decided about the work needs: Request is submitted to the employee no later than 15 days before the beginning of the annual leave, i.e. if the annual leave is requested by the employee, employer may deliver the approval immediately before the annual leave is to begin.
However, there is another provision of the Labour Law, according to which during the interruption of work ordered by the authorities or employer due to the lack of OHS – employee has the right to a wage stipulated by the employment contract.
Guaranteed minimum wage
Employer may order the employee to take a paid leave during the interruption of work, i.e. reduction of work load that the employee is not to be blamed for and length of leave goes up to 45 working days. Longer absence from work has to be agreed by the Labour Minister. On that occasion employee has the right to at least 60% of the average salary for the past 12 months and the amount can’t be lower than the legal minimum.
