Starting from 7th July 2018 amended Law on amicable resolution of labour disputes is in force. Main reason for amendments is to introduce possibility of concluding agreements in individual disputes, extending deadlines and supervising results of amicable resolution of disputes through statistics.
Namely, pursuant to the latest amendments definitions of collective and individual disputes have been expanded. Also, process of dispute resolution has been changed in a way that deadlines for taking certain actions have been changed, e.g. deadline for rendering recommendation is extended from three to five working days and in case that deadline is not respected, arbiter may propose recommendation upon request of the party.
When it comes to individual disputes, the main novelty is that parties may execute an agreement, about which possibility arbiter informs parties. Earlier, such opportunity was reserved only for collective disputes.
Although in majority of the cases decision of the arbiter is enforceable without the need of initiating prior court procedure, when it comes to discrimination and abuse on work, arbiter has only conciliatory role. Therefore, in the said case arbiter cannot resolve such dispute unless the parties reach an agreement. Otherwise, arbiter stops procedure and court procedure may be initiated to resolve such dispute.
By Jelena Aleksic, Partner, Nikola Dordevic, Partner, Marko Mrda, Senior Associate JPM Jankovic Popovic Mitic