PracticesLabor & Employment

Practice area

Labor & Employment

Rulebooks, contracts, terminations, litigation and workplace privacy — preventive employment advice for domestic and foreign employers.

Employees are a company’s greatest asset and, at the same time, they fall into the area that is most tightly regulated.

From work rulebooks and employment agreements, through occupational health and safety, to data protection and collective bargaining, employers must ensure every process complies with the law.

In Serbia, as in the EU, legislation is increasingly focused on protecting employees’ rights, combating discrimination and workplace harassment, and supporting flexible models: remote work, cooperation with freelancers and international mobility.

Employers who want stable operations recognise that investing in legally sound employment relations is an investment in long-term growth.

What we handle

Eleven areas of work, from internal acts to litigation.

Procedures and policies

Employment contracts and rulebooks: work rulebook, organisation and systematisation, health and safety, data protection and other internal acts.
Termination procedures and documentation drafted to minimise litigation risk.
Non-compete and non-solicitation clauses that protect the business from unfair competition and poaching.
Non-disclosure agreements and procedures protecting trade secrets and sensitive data.
Codes of conduct, whistleblowing, anti-harassment and anti-discrimination rulebooks.
Video surveillance and BYOD policies aligned with privacy regulation, and transfer of IP rights created by employees and contractors.

Employment subsidies and tax incentives

Analysis of the subsidies and tax incentives available when hiring.
Preparation and filing of documentation with the National Employment Service and the tax authorities.
Contracts and internal acts structured so incentives can be used long term without later dispute.
Advice on combining local and international employment support programmes.
Advice on employee equity participation (ESOP).

Employee compliance training

Training for management, HR and staff on current obligations: mobbing, discrimination, data protection, workplace safety and ESG standards.
A practical approach with case studies, simulations and workshops fitted to the client’s industry.
Specialised management training to support decisions that hold up legally.

Employment termination

Advice on every form of termination: regular, summary dismissal and mutual termination.
Decisions and documentation prepared in line with the law to reduce the risk of challenge.
Support in negotiations with employees and in concluding agreements that save time and cost.
Particular attention to dismissals in restructuring or downsizing.

Internal and out-of-court dispute resolution

Mediation between employers and employees to resolve disputes without court proceedings.
Negotiation and mediation in cases of termination, damages or alleged breach of rights.
Representation aimed at avoiding high costs and long procedures while preserving reputation.

Employment litigation

Annulment of termination: representation where the lawfulness of a dismissal is challenged.
Annulment of contract annexes and of other employer decisions, including reassignment and disciplinary measures.
Damages for workplace injury.
Workplace mobbing and discrimination proceedings.

Occupational health and safety

Advice on statutory obligations for employee health and safety.
Risk assessments, evacuation plans and emergency protocols.
Employee training and testing in line with the standards.
Representation before the labour inspectorate and remediation of findings.

Data protection and privacy at the workplace

Data protection rulebooks and procedures for lawful processing of employee data.
Advice on video surveillance, performance monitoring and other forms of oversight.
Implementation of GDPR standards alongside domestic regulation.
Privacy training for HR and management.

Collective labour relations

Negotiation of collective agreements with unions and employee representatives.
Advice on the obligations arising from collective agreements and statute.
Representation in collective disputes and mediation proceedings.
Internal policies structured around what was negotiated.

Employee mobility and secondment

Advice on every aspect of assigning employees to work abroad.
Contracts and internal acts aligned with host-country rules.
Compliance with tax, labour and social security requirements.
Permit procedures and other administrative requirements.

Independent contractors and non-employment engagement

Agreements with sole proprietors and freelancers that keep the business flexible.
Advice on the tax and employment-law implications of such engagements.
Arrangements structured to reduce the risk of reclassification as employment.
Support in working with freelancers while staying compliant.

How we work

What working with us looks like

Five stages, from the first review to continuing support.

Initial analysis

We assess the employer’s internal acts and processes to identify risk.

Strategy

We propose the measures and documents that bring compliance.

Documentation

We draft rulebooks, contracts and procedures.

Implementation and training

We put the acts into practice and train employees.

Ongoing support

We update the documents regularly and advise as questions arise.

Track record

Selected matters

A sample of recent work in the sector.

HR policy

Restructuring HR policy in an IT company

Prepared a complete set of rulebooks and employment contracts.

Litigation

Mobbing dispute

Represented the employer; the case concluded in the employer’s favour.

Mobility

Work abroad

Prepared documentation for assigning employees to work in the EU.

Training

Data protection programme

Trained management and employees in the financial sector.

What Clients Ask Us Most

Is every company required to have an employment rulebook?

A rulebook is mandatory for employers with more than ten employees. It regulates working hours, annual leave, disciplinary measures and termination procedures.

Smaller employers are not obliged to adopt one, but many do for legal certainty. A good rulebook resolves potential issues in advance and reduces the risk of disputes.

When can an employer dismiss without risk of a dispute?

Termination is only permitted in the cases the law prescribes, where there is a justified reason such as breach of work discipline, redundancy or failure to perform duties.

The procedure must be properly conducted and documented — procedural errors are the most common reason employers lose these cases. We recommend legal advice before any dismissal decision.

What is the difference between mobbing and discrimination?

Mobbing is systematic harassment or abuse of an employee; discrimination is unequal treatment based on a personal characteristic such as sex, age, nationality or disability.

Both carry serious consequences, from damages to reputational harm. Rulebooks, training and clear reporting procedures are the best way to reduce risk and demonstrate compliance.

Can an employer use video surveillance and monitor communications?

Video surveillance is allowed only where clearly justified, for example to protect people and property, and where it is regulated in advance through a policy and notice to employees.

Monitoring email and internet use has to balance privacy against the legitimate interest in protecting the business, and must be transparent and proportionate. Improper monitoring can lead to high fines.

What rights does an employee have when working abroad?

The employer must ensure they retain the basic rights under their contract while complying with the host country’s rules: minimum wage, working hours, health and safety, and social security.

Contracts and acts have to be prepared so compliance is complete and the employee has legal certainty.

How does engaging a freelancer differ from employment?

Freelancers and sole proprietors provide services under a service, copyright or business cooperation agreement; employment is established by an employment contract.

The key difference is subordination and entitlement: an employee is subordinate and entitled to leave, sick pay and contributions, while a freelancer is autonomous and responsible for their own taxes. Where the engagement functions as employment in substance, reclassification is a risk.

What should an employer do if an employee sues?

Analyse the basis of the claim and gather the documentation showing the employer acted lawfully. Most claims concern dismissal, damages, mobbing or discrimination.

Evidence that the procedures followed the law and the internal acts is decisive. From there the choice is between settlement and full litigation.

Is it better to settle or litigate?

Court proceedings can be long and expensive with an uncertain outcome, and settlement is often faster and cheaper, particularly where there is real risk of losing.

The decision depends on the case and its long-term consequences; sometimes defending the decision in court sends the necessary message.

Next step

Let’s talk about your employment matter

Tell us what you are drafting, terminating or defending and we will set out the risk and the steps.

From the blog

Learn legal updates, and what to do about them

Legal developments in Serbia and the EU, each with the step it asks of your business.

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