Pursuant to the provisions of the Labor Law (Official Gazette of the Republic of Serbia no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of the US, 113/2017 and 95/2018 – authentic interpretation) (“the Law”), by an employment contract the employer and the employee may establish the probation period for performance of one or more related jobs specified in that contract.
Employment in Serbia
Contributed by PR Legal.
The Commissioner for Information of Public Importance and Personal Data Protection Issued a Publication with Stances, Opinions and Practice Regarding the Personal Data Protection
On the occasion of International Data Privacy Day (January 28), as in previous years, the Commissioner for Information of Public Importance and Personal Data Protection (“the Commissioner”) issued a publication “Personal Data Protection: Stances, Opinions and Practice of the Commissioner”.
Dior Saddle bag – Just One of Many or Not?
Fashion house Christian Dior Couture (“Dior“) filed in 2021 to the EU Intellectual Property Office (“EUIPO“) an application for registration of 3D shape of bag of this designer house – so-called Saddle bag as trademark within class 9 (mainly referring to eyeglass and phone cases) and class 18 (various handbags). EUIPO partly refused the application stating that the form of the bag lacked distinctiveness and that this bag is practically one of many in the world market.
Google Analytics – Divergence Among European Personal Data Protection Authorities
Spanish authority for personal data protection recently passed a decision rejecting one of 101 appeals filed by NOYB, privacy activist organisation, against 101 European company for using Google Analytics.
Amendments to the Law on Property Taxes Bring a Complete Transfer of Competence from the Tax Administration to Local Self-government Units
In the Official Gazette no. 138/2022 from December 12, 2022, amendments to the Law on Property Taxes (“Law“) have been introduced.
Amendments to The Law on Personal Income Tax Bring Important Changes Regarding the Submission of the Tax Return for the Annual Personal Income Tax
In the Official Gazette no. 138/2022 from December 12, 2022, amendments to the Law on Personal Income Tax (“Law“) have been introduced.
Amendments to the Regulations in the Field of Electronic Invoicing And Fiscalisation
Amendments to the Law on Electronic Invoicing (Off. Gazette of RS no. 44/2021 and 129/2021), the Law on Fiscalisation (Off. Gazette of RS no. 153/2020, 96/2021 and 138/2022) and the Law on Deadlines for Settlement of Monetary Obligations in Commercial Transactions (Off. Gazette of RS no. 119/2012, 68/2015, 113/2017, 91/2019, 44/2021, 44/2021 – other law, 130/2021 and 129/2021 – other law) have been published in the Official Gazette of the Republic of Serbia no. 138/2022 of December 12, 2022.
Audio and Video Surveillance of Employees and Personal Data Protection – Where Is the Limit?
Spanish authority in charge of personal data protection has recently fined a personal data controller for using the audio recording option of its surveillance system, which data was subsequently used for termination of an employment contract.
Increased Fees for Registration and Other Services of the Business Registers Agency
In the Official Gazette of the RS no. 131/2022 of November 29, 2022, the Decision on Fees for Registration and Other Services Provided by the Business Registers Agency was published, which regulates the type, amount and method of payment of fees for the registration procedure and other services provided by the Business Registers Agency in keeping registers and records (“the Decision”).
Can Antitrust Authorities Assess Personal Data Breaches Within Their Investigations?
According to a non-binding opinion delivered on September 20, 2022, by Athanasios Rantos, influential adviser to the European Court of Justice, antitrust authorities may also assess infringement of personal data protection rules during their investigations.
Removed Uncertainties about the Issuance of Fiscal Invoices
An updated version of the Technical Guideline for Administrative and Technical Overview of Functionalities of ESIR or L-PFR – Version 1.14 (“Technical Guideline”) was published on the website of the Tax Administration on October 25, 2022.
In Search of a New Home: Business Relocation Trends in CEE
With the war in Ukraine raging for more than six months, law firms across the region have reported increased workloads in corporate and M&A, tax, employment, immigration law, and inquiries on the sanctions regimes in relevant jurisdictions, noting that companies from Ukraine, Russia, and Belarus are variously looking for a new home. Whether to avoid sanctions or escape the war, those companies consider a variety of factors in determining where to go.
Publishing Personal Data without Consent of a Data Subject
The Spanish personal data protection authority has recently fined a natural person with EUR 10,000.00 for publishing personal data of a third person without the latter’s consent on an online blog.
Incentives for Employment of New Residents in Serbia
On 18 June 2022, the Regulation on Criteria for Awarding Incentives to Employers who Employ New Residents in the Republic of Serbia, published in the Off. Gazette of RS no. 67/2022 (“the Regulation”), entered into force.
When Is a Data Protection Officer in a Conflict of Interest?
The Icelandic data protection authority (Personuvernd) (“DPA”) recently held that there is a conflict of interest if a data protection officer in a company simultaneously acts as a representative, i.e., member of the same company’s management.
Increase of the Minimum Salary from January 1, 2023
The Government of the Republic of Serbia has passed the Decision on the Amount of the Minimum Price of Work for the Period January – December 2023, which was published in the Official Gazette of RS no. 105/2022 dated September 14, 2022, and which shall be applied as of January 1, 2023 (“Decision”).
Regulation of the Rights and Obligations of Directors Outside the Employment Relationship
One of the questions that is often risen in practice is whether there is an obligation to conclude a contract with an individual who is registered as a legal representative, i.e., director of a company, and who does not establish an employment relationship in that company. In relation thereto, there are also inquiries whether it is mandatory to provide for a compensation for the work of a director who is not employed with the company, as well as what are the tax obligations of the company regarding the compensation that a director receives for performing the respective capacity.