Neškodljivo delo
Workers have the right to special protection in an employment relationship due to pregnancy and parenthood. Employers are required to reconcile their family and employment responsibilities more easily.
During pregnancy and entire period of breastfeeding, female workers may not carry out work that might present a risk to the worker or her child's health due to exposure to certain risk factors or working conditions. Employers may adjust the working conditions or working time if risk assessment indicates a risk to the worker or her child's health. If such risk cannot be avoided through adjustment in working time or working conditions, employer must provide the worker with other appropriate work. Female worker is obliged to perform this appropriate work and is entitled to a salary which is at least equivalent to former salary. If employer is unable to provide appropriate work, he must ensure wage compensation in the amount of her average monthly wage during the past three months or during the period she worked during the past three months but not less than the amount of minimum wage.
Female workers may not be required to perform overtime or night work during pregnancy, breastfeeding period and one year after the child birth if risk assessment indicates risk to the worker or child's health.
A new Regulation 2015 provides for measures and actions to improve safety and health at work of pregnant workers and workers who have recently given birth and are breastfeeding.
Sources: §137 & 182-185 of Employment Relations Act; Regulation on the protection of health at work of pregnant workers and workers who have recently given birth and are breastfeeding (Official Gazette of the RS, No. 62/2015)
Zaščita pred odpuščanji
If an employer terminates a female worker on the ground of pregnancy, it is considered unfair dismissal. Even in the case of economic dismissals/redundancy, temporary absence from work due to parental leave or pregnancy may not be a criterion for determination of redundant workers.
Employment of a female worker may not be terminated during period of her pregnancy, when she is breastfeeding a child of up to one year of age or when parents are on parental leave in the form of full absence from work and for one month after the end of such leave. A notice of contract termination cannot be served during this period. If the objective reasons demand extraordinary dismissal of the worker or due to closure of business, employer may terminate the employment contracts of workers (during pregnancy, breastfeeding period of one year and parental leave) only after obtaining the preliminary consent of the labour inspectorate.
sources: §90, 102 & 115 of Employment Relations Act
Pravica do vrnitve na isto delovno mesto
A worker's right to return after availing maternity leave is not explicitly guaranteed under the Employment Relations Act.
The law prohibits an employer from dismissing an employee who is pregnant or on maternity leave. However it is not clearly provided under the law that an employer should give worker the same or equivalent position when they return from leave.
