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Serbia

Sexual harassment in the workplace in Serbia

Table of contents
  1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?
Serbia
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The law which prohibits harassment in the workplace (including sexual harassment) is the Law on the prohibition of harassment at work (Official gazette of Serbia no. br. 36/10).  This Law has been in force since 2010.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

The employer is obliged to inform the employee, after hiring but before starting work, in writing about the prohibition of harassment and the rights, obligations and responsibilities of the employee and the employer regarding the prohibition of harassment. 

In order to identify and prevent harassment, the employer is obliged to, implement measures and to inform and train employees and their representatives to recognise the causes, forms and consequences of abuse.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

In our experience, it has not.

Unless the responsible person in the legal entity, (i.e. the employer with the status of a natural person, such as an entrepreneur) is the one being charged with harassment, the employee who considers that they have  been exposed to harassment submits a detailed request for initiating proceedings for protection against harassment directly to that person. The employer is obliged, upon receipt of this request, to propose mediation to the parties involved  as a way of resolving the disputed relationship within three days from receipt. If the employee is not satisfied with the outcome of these proceedings, within 15 days of receipt of the decision of the employer, the employee may file legal proceedings with the competent court.

If the responsible person in the legal entity, is the one charged with harassment, the employee who considers that he/she has been exposed to harassment may submit a request for initiating the mediation procedure directly to that person.
In this case, the employee who considers that he/she is exposed to harassment may, until the expiration of the period of prescription for initiating proceedings for protection against harassment with the employer, initiate proceedings before the competent court directly.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Amber.

6. Any other relevant information on workplace harassment?

The Law defines harassment as any active or passive conduct at work or in relation to work for an employee or group of employees, which is repeated, which is intended or represents a violation of the dignity, reputation, personal and professional integrity of the employee and which causes fears or creates a hostile, humiliating or offensive environment, deteriorates the working conditions or leads to the isolation of employees or indicate that they cancel a labour contract or other contract on their own initiative (including encouraging or instigating others to do so). Described harassment behaviour includes sexual harassment as well.

Harassment as well as being an abuse of the right to be protected from harassment, also amounts to a breach of work duties and is grounds for terminating employment.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

N/A