L&P has been recognized as a leader in the market in the field of individual and collective labor law, with one of the largest departments of labor law in Serbia.

Labor relations are an issue for all investors, regardless of whether the employer status has been gained through greenfield or brownfield investments, regardless of the industry from which they come, and regardless of whether theirs is a healthy business or if they face problems that require restructuring operations.

The legal labor regime in the Republic of Serbia is a serious challenge for domestic and foreign investors, since it is accompanied by frequent legislative changes, not fully integrated into the regulations of the European Union, particularly in the sphere of directives relating to company restructuring, with abundant loopholes that are the result of compromise between the liberal understanding of the need for flexibility in labor relations regimes, and conservative views on the stability of employment which are the consequence of socialist society and polity that were prevalent for decades.

Thus a successful dealing with labor relations in Serbia requires not only familiarity with local regulations, but also a deep knowledge of the local judicial practice and the acts of the International Labor Organization, the Council of Europe and the European Union, the European Court of Justice, as well as comparative solutions and case law, in order to comprehensively be able to understand customer needs and offer the most optimal solutions that deliver maximum risk-free results.

L&P has extensive knowledge and experience in this field and the competence to provide complete support to its clients, regardless of whether it is in the regulation of labor relations with employees and trade unions in the first phase of the implementation of completed transactions, or if it is an everyday consulting, or if it reflects the necessity for radical moves in situations where it is necessary to restructure the company, resulting in the need for redundancy, negotiations with trade unions and the functioning of the prevention or maximum reduction of industrial action results.

We are proud of the high number of collective agreements and settled collective labor disputes, in which we have so far participated as active negotiators at customer satisfaction, as well as of the number of completed procedures of collective redundancies completed on behalf of clients and resolved without disputes or with a minimal number of these.

Our clients are large employers in various industry sector. We believe that the offer of tailor-made solutions that perfectly fits the needs of the client requires familiarity with the client’s industry and with the client’s business operations. Therefore, our team is always aware of the problems of specific industries and activities, enabling us to competently assist, as part of the team of experts from our clients’ HR sectors, in solving everyday problems, as well as in delicate work that requires special expertise.

Our lawyers constantly invest in their own training, but also in the training of their customers, by organizing lectures and workshops in various fields of labor law and by participating in professional conferences and seminars.

Our services in the fields of individual and collective labor law particularly include:

  • Employment Counseling: the creation of model contracts for the standard executers, the production of management employment contracts, the production of agreements on engagement outside employment; consulting and the implementation of non-standard clauses in employment contracts: the prohibition of competition, confidentiality, privacy and personal data protection, intellectual property protection,
  • Counseling regarding the preparation of all normative acts in the field of labor relations and the implementation of global policies and procedures into the domestic legal framework: the creation of codes of behavior, the creation of Rules of Procedure on internal alert systems, the creation of rulebooks instituting and sanctioning the use of alcohol and psychoactive substances, the creation of rules on the costs of business trips etc.,
  • Counseling in the creation of the salaries system and of other remuneration and incentives: the Implementation of comp & ban policies of clients into the legislative system of the Republic of Serbia, addressing the delicate issues of the harmonization of modern HR methods of the evaluation of jobs and the determination of salaries and existing legal restrictions,
  • Counseling on the designation of evaluation systems for the performance of employees: the evaluation of performance and rewarding employees according to the results achieved; drafting acts on the procedures of the establishment of work performance and rewarding or penalizing employees,
  • Counseling on the modification of the employment contract according to employer's needs and the skills/behavior of employees, including the preparation of bids and contract annexes,
  • Counseling and representation regarding the establishment of labor relations with foreign nationals, the obtainment and extension of residence permits and work permits; counseling and representation connected to the termination of labor relations of foreigners sent by the original employer to work in Serbia and their nationals sent to work abroad /secondment,
  • Counseling in the field of collective labor relations: participation in negotiations with unions for the conclusion of collective agreements and other agreements; negotiations with unions and employee representatives in the case of collective labor dispute on the conclusion/modifications or the application of the collective agreement; counseling regarding the prevention of industrial action, alternatively the minimization of the same result,
  • Counseling in connection with the termination of employment: the identification of optimal cancellation reasons, counseling on the implementation of the notice proceedings and the delivery of employee acts, the creation of complete documentation of the cancellation proceedings; participation in delicate negotiations with employees; counseling and drafting of complex agreements on employment termination,
  • Counseling and representation in dealing with labor relations in the framework of company restructuring: counseling in the choice of the most optimal ways of solving redundancy, consultation in the implementation of the entire redundancy process of employees, consultation in determining the optimal criteria for surplus determinations, negotiations with trade unions, representation before the National Employment Service, the development of all acts necessary for the lawful resolution of redundancy; counseling and preparation of documents related to the process of outsourcing certain activities and the settlement of labor relations; counseling and preparation of acts in the resolution of labor relations in the process of domestic and cross-border M&A and other employer changes: negotiations with trade unions and employee representatives; advising employers on optimal modalities for the settlement of labor relations in the event of insolvency or liquidation,
  • Advising and representing clients in the fields of discrimination, harassment, sexual harassment and abuse at work,
  • Advising clients in the field of safety and health in the workplace, participation in negotiations with unions and employee representatives, representation before the labor inspection, advising on matters of occupational diseases and injuries at work, the resolution of employee status in the event of incapacity for work,
  • The Representation of clients in individual and collective labor disputes in courts and arbitration, or in procedures of intermediation, conciliation and mediation, representation before the Labor Inspectorate,
  • Advising clients in the field of data protection and privacy rights; delicate questions of monitoring the work of employees, the control of electronic and other communication, sanctioning the conduct of employees outside the workplace; representing clients in proceedings before the Commissioner for Personal Data Protection and before the Ombudsman; cross-border transfer of protected data,
  • Advising and representing clients in respect of industrial property rights created in the course of employment,
  • Advising clients on matters of fiscal responsibilities and possibilities of their lawful optimization.

 

© 2017 Lazarević & Pršić advokati