The obligation of employers with over 50 employees and temporary workers is one of the special measures, which has caused the biggest problems. This obligation is embodied in the form of the implementation of annual plans or work programs, which, in addition to the mandatory elements, must now include special measures to achieve gender equality.
It is expected that the part of the plan dedicated to gender equality will contain analysis and a short assessment of the condition of women in a certain company, a list of special measures that employers apply to achieve equality, and the age of the employees of both sexes. In addition, employers need to prescribe the reasons for implementing the special measures, what they expect to achieve, as well as how and from when, the special measures are applied, and who implements and controls the given measures.
Of course, the above-mentioned is under the supervision and control of the competent Ministry of Human and Minority Rights (hereinafter: the Ministry). In accordance with the stated measures and supervision over their compliance, employers with more than 50 employees must inform the Ministry, within 15 days from the day of the adoption of the special plan for achieving gender equality, about the plan.
In addition to the obligation of notifying or submitting (if the employer does not publish the plan) the plan to the Ministry, employers are required to submit annual reports on the implementation and realization of the plan. The said report should be included within the annual report on the implementation of the annual plan or program, which is adopted, both by the public authorities and by the employer.
What companies also need to keep in mind when it comes to the Law, is the fact that in case of termination of employment, if such wrongful termination of employment is caused in the context of gender equality, in addition to the inevitable court proceedings, according to the Law, employers would be obliged to pay the same fine, from 50,000 to 2,000,000 dinars for a company, because the termination is based on gender inequality. As always, in addition to the company, the responsible person is also obliged to pay a fine in the range of 5,000 to 150,000 dinars, for non-compliance with the provisions of the Law.