30
Tue, Apr
26 New Articles

The Labour 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 “Law”) prescribes that employer shall be obliged, prior to the termination of employment agreement due to violation of working obligation or working discipline, to notify the employee in writing on the existence of reasons for such termination, as well as to provide the employee with a period of minimum eight days from the warning submission to declare on the subject allegations. Employer is obliged to state grounds for termination in the warning, as well as facts and evidence indicating the fulfilment of requirements for termination, and deadline for submitting the employee’s response thereof.

The OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (IF) has agreed on 8 October 2021 a two-pillar solution to address the tax challenges arising from the digitalisation of the economy. The Republic of Serbia is one of 136 jurisdictions that have agreed to the solution.

The Law on Prevention of Corruption (the “Law”), the key piece of Serbian anti-corruption legislation that started to apply in September 2020, recently received a short set of amendments.

How certain is the development of the ever-increasing use and application of electronic documents, especially in terms of legalization of documents for international legal transactions?

The Commission for Protection of Competition initiated ex officio antitrust proceedings against Atlantic Group, Atlantic Brands and Strauss Adriatic and conducted dawn raids, in order to investigate potential existence of restrictive agreements.

On 6 September 2021, the Competition Commission (the “Commission”) has initiated a formal procedure against company MAT – Real Estate for potential gun-jumping. The transaction concerned involves the acquisition of company Radijator d.o.o., a distributor of plumbing and heating equipment.

Not so long ago (12 years!) Serbia adopted the amendments to the Agricultural Land Act which was supposed to allow the use of agricultural land for non-agricultural purposes, mainly to support the growing renewable energy sector. Of course, this was conditioned with adopting an adequate Regulation by the Serbian Government, which everyone waited for since 2009. Finally, patience paid off and in July 2021, the Serbian Government adopted the Regulation on the conditions, manner and procedure for giving state-owned agricultural land for use for non-agricultural purposes (hereinafter: “Regulation”).

Application of the Law on Fiscalization (Official Gazette of RS no. 153/2020) (“the Law”), that we have discussed before, which has repealed Serbian Law on Fiscal Cash Registers (Official Gazette of RS no. 135/04 and 93/12) by entering into force on December 29, 2020, will start on January 1, 2022 (except for several provisions that have already started to apply, on the day of entry into force). The regulation concerned, along with the set of by-laws enacted for its implementation, introduces a completely new model of fiscalization, which – among other things – implies a wider circle of taxpayers who will be obliged to apply it, new rules regarding the characteristics of fiscal cash registers and fiscal receipts, as well as certain subsidies for the entities covered by fiscalization.

The Government of the Republic of Serbia passed the Decision on the level of minimum labour wage for the period January – December 2022 and it was published in the Official Gazette of RS no. 87/2021 of 10 September 2021, while it shall apply from 1 January 2022 (“the Decision”).

On 2 September 2021 Ireland’s Data Protection Commission (DPC) announced a 225 million euro fine for WhatsApp and ordered the company to amend its practices within three months. It is the largest fine ever from the DPC, and the second-highest under Europe’s General Data Protection Regulation (GDPR).

The National Assembly of the Republic of Serbia adopted a new Law on Consumer Protection (“Law”) on 09 September 2021. The main reason for adopting the amendments to the current law lies in providing a higher level of consumer protection and trying to apply it more actively, in relation to the Law from 2014 and its subsequent amendments from 2016 and 2018. The most prominent novelty concerns direct marketing by telephone, ie the introduction of the “do not call” register. The “do not call” register is a list of landline and mobile telephone numbers of consumers who do not want to receive calls and / or messages as part of the promotion, marketing and / or sale by telephone.

In general, the Serbian Agricultural Land Act ("ALA") envisages granting the use of agricultural land, free of charge, to state-owned subjects, or, in instances where particular plots have not been leased for three or more agricultural years, agricultural land may be tendered for to be used by registered agricultural holdings.

Our Latest Issue