PRess

October 11, 2023

Work for Another Employer as a Measure to Resolve Redundancy – Is Such Redundancy Actually Resolved?

The Labour Law (“the Law”) prescribes, among other, that employee’s employment may be terminated if there is justified reason which refers to employer’s needs and if due to technological, economic or organisational changes the need for certain job ceases or if the scope of work is reduced. In relation thereto, the Law also stipulates that, if it establishes that technological, economic or organisational changes will terminate the need for work of full-time employees and if other legally prescribed requirements are met (with regard to the number of full-time employees engaged by the employer and time period in which the need...

September 28, 2023

Novelties Pertaining to Excise Taxation

The Law on Amendments to the Law on Excise (“the Law”) was published in the Official Gazette of the Republic of Serbia no. 75/2023 of September 6, 2023, and it entered into force on the eighth day after its publishing, i.e., on September 14, 2023, while it shall be applied from October 1, 2023. The reason for enacting the Law is the need to achieve further harmonisation of excise policy with the EU standards in domain of excise policy pertaining to the excise taxation of energy products, tobacco products and alcoholic beverages - both in regard to the scope of...

September 25, 2023

First Fine for Using Google Analytics in the EU

In some of our previous texts (available here and here) we wrote about Google Analytics – a popular service of Google company, which works on basis of cookie placement. As a reminder, these cookies are of analytical nature, i.e., they are used for monitoring users’ behaviour on websites where Google Analytics is activated, which data are subsequently used to prepare reports that help the website owners to adjust content to users’ preferences, often to promote, i.e., sell goods and services. Problematics of using Google Analytics The Decision of the European Court of Justice of July 16, 2020 (so-called Schrems II...

September 20, 2023

The Use of Video Surveillance to Control the Work and Conduct of Employees in International and Domestic Case Law

In some of our previous texts we already tackled the matter of video surveillance at workplace (available here and here). In relation thereto, the German Federal Labor Court has recently ruled a decision according to which the recordings made by video surveillance of employees may be used for termination of employment contract, regardless of employer’s omission to previously notice employees thereon in accordance with the provisions of Article 13 of the GDPR (“the Ruling”). Namely, according to Article 13 of the GDPR, where personal data relating to a data subject are collected from the data subject, the controller shall, at...

September 12, 2023

Join Our Team! We are looking for a Senior Associate

We are currently looking for an Attorney at Law to join the firm's team in the capacity of a Senior Associate, with particular expertise in Corporate/Commercial, and preferably Employment. Candidate’s profile/experience: University degree in Law obtained at a university in the Republic of Serbia; Serbian Bar exam; At least 3 years of working experience as an Attorney at Law in the abovementioned practice areas, after passing the Bar exam; Excellent written and spoken English; Strong computer skills; Excellent writing and analytical skills, ability to handle multiple matters with independence and sound judgment; Strong work ethic and strong legal research skills;...

September 11, 2023

The Government of the Republic of Serbia Adopted the Personal Data Protection Strategy

On August 25, 2023, the Government of the Republic of Serbia adopted the Personal Data Protection Strategy for the period 2023-2030 (“Strategy”). The Strategy was prepared in accordance with other planning documents, i.e., programs of planning and coordination of public policies. When drafting the Strategy, the processes of European integrations, i.e., the framework by which the EU measures the progress of the candidate countries with regards to personal data protection were also taken into account. In addition, the key international acts were considered, and national laws relevant to the subject matter were analyzed as well. Namely, the Strategy includes an...

August 31, 2023

Conclusion of Contract by Using Emoji – How Informal the Informal Contracts can be?

Meeting of minds of the contracting parties undeniably represents the very foundation of the contract law, hence both theory and practice agree that there is no agreement without it. However, when it comes to the manner of expressing such will, the situation is somewhat different. The court in Canadian province Saskatchewan has recently ruled that it is possible to conclude a valid contract by using “thumbs-up” emoji (so-called “like”). In the rationale to this ruling, the court stated that the emoji is just as valid as signature and that the courts need to adapt to the “new reality”, i.e., an...

August 23, 2023

Amendments to the Law on Planning and Construction – abolishment of paid conversion, focus on energy efficiency and green construction

Amendments and supplements to the Law on Planning and Construction (“Law”) were published in the Official Gazette no. 62/2023 from 27 July 2023 and entered into force on 4 August 2023, whereas certain provisions of the Law will enter into force in 2024 and 2026, respectively. 1. Amendments to the procedure of conversion of right to construction land Conversion of the right to use into the ownership right over construction land was introduced into domestic legal system by the main text of the currently valid Law on Planning and Construction (Official Gazette no. 72/2009, in force since 11 September 2009)....

August 21, 2023

The European Commission Fined the Target Company in Relation to the Merger for the First Time

Last month, the European Commission (“Commission”) fined the companies Illumina and GRAIL for violating the EU rules on mergers. The company Illumina, as the acquirer in the transaction, was fined approximately 432 million euros, while the company GRAIL was fined as the target company in the transaction, with a symbolic 1,000 euros, which is however the first time for the EU competition watchdog to fine the target company with respect to the merger. Details of the case In July 2021, the Commission initiated the proceeding to control the commenced acquisition of the company GRAIL by Illumina company. During the investigation...

August 16, 2023

Liberalization of Rules for Residency and Work of Foreigners in the Republic of Serbia

Amendments to the Law on Foreigners (Official Gazette of RS no. 24/2018, 31/2019 and 62/2023) and the Law on Employment of Foreigners (Official Gazette of RS no. 128/2014, 113/2017, 50/2018, 31/2019 and 62/2023) (“the Laws”) were published in the Official Gazette of the Republic of Serbia no. 62/2023 of July 27, 2023, and entered into force on August 4, 2023. Certain amendments to the Laws started to apply on the day of entry into force, however the application of most provisions referring to facilitating, i.e., simplifying the procedure of issuance of certificates and permits to foreigners is delayed until February...

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