PRess

February 20, 2024

Reasons and Deadline for Challenging an Annex to the Employment Contract

The Labor Law (Official Gazette of RS no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 - decision of the CC, 113/2017, and 95/2018 - authentic interpretation) („the LL“) prescribes the grounds, i.e., situations in which an employer can offer an employee a change of the agreed working conditions (i.e., conclusion of an annex to the employment contract), as well as the procedure that needs to be followed in this respect. Regardless of the outcome of the respective procedure, the LL stipulates that the employee shall retain the right to challenge the legality of the annex in a court proceeding, namely: in...

February 09, 2024

Are Questions on a Test Considered Personal Data?

In German case law the stance was taken recently that questions on a test undertaken by a specific individual do not constitute personal data within the meaning of the General Data Protection Regulation (“GDPR”). The court's position is that these questions, therefore, should not be included in the copy of data issued or provided in accordance with Article 15(3) of the GDPR (right to access to personal data undergoing processing). Factual background A candidate took an entrance exam at a university for admission to medical studies. After the test, he sent an email to the university's competent authority requesting a...

January 31, 2024

Exploring Global Legal Horizons: Introducing Legalink Spotlight

Starting from January edition, the monthly newsletter of our law firm, Legal PRess, will feature a special section called Legalink Spotlight. Our firm has been a proud member of the international network of independent law firms, Legalink, for several years. Legalink brings together leading law firms from major global business centers, enabling our firm to provide legal assistance and support to clients across various jurisdictions and business segments in a swift and efficient manner. Legalink is more than just a network; it's a community of professionals with deep personal connections, perfectly reflecting the network's motto: International But Personal. In the...

January 18, 2024

“DO NOT CALL” Registry is Now Officially Available to Consumers

As we have already written in one of our previous articles (available here) “DO NOT CALL” Registry was introduced in the Republic of Serbia by the new Law on Consumer Protection (Official Gazette of RS no. 88/2021), which was put into effect on September 19, 2021. As a reminder, the above said law prescribed a ban on making calls and/or sending messages by phone to consumers whose phone numbers are recorded in the registry of consumers who do not want to receive calls and/or messages as part of promotions and/or sales by telephone, which registry will be maintained by the...

January 17, 2024

Data Protection Breach – Interesting Case from Spain

The Spanish Data Protection Agency (“Agency”) recently imposed a fine of 70,000 euros on a bank for violating the provisions of Articles 5(1)(b), 32, and 5(1)(f) of the General Data Protection Regulation (“GDPR”). The reason for the penalty was the disclosure of the private address of a lawyer, who was also a client of the bank, during communication with another client represented by the mentioned lawyer. Case Background Specifically, the individual whose data was unlawfully disclosed, acting as a lawyer and representative of another individual, submitted a written complaint to the bank in which he himself was a client. However,...

January 15, 2024

Updates Pertaining to the Storage and Protection of Documents in Electronic Form

As we have written in one of our previous articles (available here), the implementation of the Regulation on Unified Technical and Technological Requirements and Procedures for the Storage and Protection of Archival Material and Documentary Material in Electronic Form (Official Gazette of RS no. 107/2021, 94/2022, and 116/2023) („Regulation“) commenced on January 1, 2024. This regulation governs so-called electronic archiving, i.e., unique technical-technological requirements and procedures that should be met by creators and holders of archival and documentary material during their storage and protection. In the Official Gazette of RS no. 116/2023 dated December 26, 2023, the Regulation on Amendments...

January 11, 2024

New Rulebook on Approval of Permanent Residence in the Republic of Serbia

In the Official Gazette of RS no. 118 dated December 28, 2023, a new Rulebook on Approval of the Permanent Residence ("Rulebook") was published. It came into force on January 5, 2024, replacing the previous Rulebook on Detailed Conditions for Approval of Permanent Residence, Appearance of a Request for Permanent Residence, Appearance and Manner of Placing a Permanent Residence Sticker in a Foreign Travel Document (Official Gazette of RS no. 72/18). The Rulebook introduces significant changes to the procedure of approval of the permanent residence to foreigners in the Republic of Serbia. Specifically: Unlike the previous one, the new Rulebook...

December 28, 2023

Notice Period in Case of Employment Termination by an Employee

The Constitution of the Republic of Serbia guarantees the freedom of work, which, in a broader sense, includes the freedom to work or not work, as well as the freedom to choose an employer. In this regard, employees are often unaware of their obligation, after giving notice of termination of an employment contract, to remain in the employment relationship for an additional 15-30 days and fulfill their work duties during that period. The Labor Law stipulates that: An employee has the right to terminate an employment contract with the employer. The employee must submit a written notice of termination to...

December 22, 2023

Registration in the Cadaster only Possible Electronically from now on

In the following text, we shall provide an overview of the most significant amendments to the Law on State Survey and Cadaster, as well as the Law on the Procedure of Registration in the Cadaster of Real Estate and Utility Lines. These changes were published in the Official Gazette of RS no. 92/2023 on October 27, 2023, and came into force on November 4, 2023. Law on State Survey and Cadaster The most significant amendments to this regulation are as follows: The terms utility lines and cadaster of utility lines have been replaced with infrastructure and underground objects and cadaster...

December 14, 2023

What is the Tax Status of a Foreign Citizen who Performs Director’s Duties in Serbia Outside of Employment?

A foreign national, as well as a domestic citizen, assumes the status of a self-employed person when performing the duties of a director outside an employment relationship, i.e., based on a contract governing the mutual rights and obligations of the director, unless insured on a priority basis. This position is outlined in the Opinion of the Ministry of Labor, Employment, Veterans, and Social Affairs no. 011-00-00383/2021-07 dated December 8, 2021 (“Opinion”), and further details on this matter are provided below. Regulations The regulations of the Republic of Serbia governing the field of labor, as well as mandatory pension and disability...

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