Salaries of young employees

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					A4-00589 - Young Trade Union Leadership Training on Wages and Collective Bargaining

Report prepared by Sladjana RADOJKOVIC and Zeljko VESELINOVIC (Association of Free and Independent Trade Union – AFITU – Serbia and Montenegro) 1. The structure of collective bargaining: The collective labor agreement can be signed as a General Collective Labor Agreement, a Special Collective Labor Agreement, and a Collective Labor Agreement with the Employer. The General Collective Labor Agreement and the Special Collective Labor Agreement for a branch of industry or business activity is signed for the territory of the Republic of Serbia. The General Collective Labor Agreement is signed between the representative association of employers, and the representative trade unions established for the territory of the Republic of Serbia. The Special Collective Labor Agreement for a branch, group, subgroup or a business activity is signed between the representative association of employers, and the representative trade unions established for the branch, group, subgroup, or business activity. The Special Collective Labor Agreement for the territory of a unit of territorial autonomy and local self-government is signed between the representative association of employers, and the representative trade unions established for the territorial unit that the Collective Labor Agreement is signed for. The Special Collective Labor Agreement for a public company or a public utility company is signed between the founder, or the body authorized by the founder, and the representative trade union. The Collective Labor Agreement with the employer for public companies and public utility companies is signed between the founder, or the body authorized by the founder, the representative trade union at the employer, and the employer. On behalf of the employer, the Collective Labor Agreement is signed by the Director. The Collective Labor Agreement at the employer is signed between the employer and the representative trade union at the employer. On behalf of the employer, the Collective Labor Agreement is signed by the Director or entrepreneur.

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The Collective Labor Agreement is signed for a period of up to 3 years. After the expiration of the agreed period, the CLA ceases to be valid, unless the signatories agree otherwise no later than 30 days prior to the expiration of the Collective Labor Agreement. 2. Salaries The salary, salary compensation, and other earnings are governed by the Law, the general act, and the Employment Contract. If there is no trade union established at the employer, the salary, salary compensation and other earnings of employees can be defined with an agreement. The agreement is considered signed when it is signed by the Director or entrepreneur, and by the representative of the council of employees, or by the employee authorized by at least 50% of the total number of employees at the employer.

The Law on Labor governs the issue of salaries in the following manner: The employees have a guarantee of equal salary for equal work, or work of equivalent value, performed for the employer. Work of equivalent value is considered the work that demands the same level of professional qualification, and the same capabilities, responsibilities, and equivalent physical and intellectual efforts. The decisions of employers, or the agreements with employees that are contrary to this provision of the Law on Labor, shall be null and void. In case of a violation of his/her rights, the employee has the right to compensation of damages. The salary consists of the salary for the performed work and for the time spent at work. The salary for the performed work consists of the basic salary, the segment of the salary based on performance, and the salary increase. The basic salary is established based on the working requirements for the jobs that the employee signed the employment contract for, and on the time spent at work. The performance is established based on the quality and the volume of performed work, as well as on the approach of the employee towards his/her work obligations. The general act defines the elements for calculation and payment of the basic salary and the salary based on performance. Minimum salary The employee has the right to the minimum salary for a standard performance and full work time. The minimal salary is defined with the decision of the Social-Economic Council established for the territory of the Republic of Serbia. When defining the minimum salary, the following criteria shall be taken into account: life expenses, average salary trends in the Republic of Serbia, existential and social needs of the employee and his/her family, rate of unemployment, and the general level of economic development of the country. The minimum salary is defined per working hour, for the period of at least six months, and cannot be lower than the minimum salary defined in the decision of the SEC. Salaries of young employees The employer can employ a person entering employment for the first time in the capacity of a trainee, on a job that the person has a particular type and level of professional qualification for, if it is prescribed by the law or the general act as a requirement for working on that particular job. The trainee has the right to salary in the amount of at least 80% of the basic salary for the jobs that he/she signed the employment contract for, as well as to compensation of expenses and other earnings, in accordance with the employment contract. Discrimination and indemnity The law prescribes the prohibition of discrimination regarding: the employment conditions, working conditions and all rights resulting from employment, education, training and advanced training, advancement on the job, as well the termination of the employment contract. The provisions of the employment contract establishing discrimination shall be null and void. In cases of discrimination, the employee can initiate a procedure for the compensation of damages before a competent court. 3. The content of Collective Labor Agreements (subjects contained, without specific detailed information): Working hours, Vacations and leaves, Protection of employees, Salaries, salary compensations, and other earnings of employees, Prevention of competition, Compensation of damages, Surplus of employees,

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Violations of work obligations, and termination of the employment contract, Establishing and protecting the rights of employees, Working conditions for trade unions, Resolution of disputes regarding the implementation of the collective labor agreements.

4. The training program for trade unions on the subject of collective negotiations can be introduced within the Collective Labor Agreement, in the segment that prescribes the working conditions of trade unions. The Law and the Collective Labor Agreement prescribe that the representatives of the trade union organization shall be absent from work for the purposes of training courses and seminars. The trade union representative absent from work for the purpose of training courses and seminars obtains guaranteed salary compensation in the amount of at least the basic salary, in accordance with the general act (Rule Book on Labor, Collective Labor Agreement) and the employment contract. 5. The influence of globalization on the freedom of unionizing and collective bargaining As well as in all segments of the social life in our country, the globalization inevitably knocks on our door regarding the freedom of unionizing and the processes of collective bargaining. After the democratic changes in 2000, there were significant transformations in this area, but they are still not sufficient to warrant a claim that the standards of developed European countries have been achieved. The main reasons for that are: the fact that our society is still predominantly in conflicts, that the social tensions in it are displayed on a daily basis, and that the social partnership in it has not been brought to life, in the literal sense of the word. There are many reasons for the poor situation that we are in, and amongst the most important ones are: the fragmentation of trade unions, unresolved issue of the representativeness of the ASNS, unresolved issue of the trade union property, which, and only in our country, out of all countries that are in, or have passed through the period of transition, has not been divided equally between all relevant trade unions. A large part of the responsibility for these problems lies also with the state itself, which surely is not up to the role of the third social partner, which should behave constructively and strive to strengthen the social accord and reduce social tensions. Regarding collective bargaining, the situation is such that today, in the Republic of Serbia, there is no Collective Labor Agreement on the national level, the validity of which has expired without a new one being signed. This is certainly a large problem, for the trade unions as well as for the employers, and we believe that a new model of collective negotiations, in accordance with the European standards and appropriate for the social market economy that we never had before, should be established as soon as possible. November 2005.


				
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posted:11/14/2009
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