Change of Employer and Preservation of Employment: Serbian Experience in Light of European Law

Kovacevic, Ljubinka and Kovács, Erika (2019) Change of Employer and Preservation of Employment: Serbian Experience in Light of European Law. Belgrade Law Review, 67 (2). pp. 102-127. ISSN 2406-2693


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Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer.

Item Type: Article
Additional Information: This paper was developed in the framework of the IMPULSE programme scientific project "Restructuring of Companies and the EU Law", financed by the Austrian Agency for International Cooperation in Education and Research (OeAD).
Keywords: Change of employer, Consent of employee, Labour law harmonization, Transfer of employment contracts, Transfer-related dismissal
Divisions: Departments > Privatrecht
Version of the Document: Published
Depositing User: Gertraud Novotny
Date Deposited: 03 Jul 2019 08:22
Last Modified: 03 Jul 2019 09:58
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