Professional Documents
Culture Documents
I BASIC PROVISIONS
Article 1
This special branch collective agreement for metal industry of Serbia (hereinafter: the Collective agreement), in accordance with the Law, defines the rights, obligations and responsibilities of employees and employers on labor and labor relations; procedure for changes and amendments; relations between the participants of this Collective agreement and other issues of importance to employees and employers. The provisions of this Collective agreement apply to all employees of the Employer, except to the Director and other employees whose rights and obligations are defined by special contracts concluded with the Managing Board or other competent authority of the Employer. Certain provisions of this Collective Agreement can apply to persons who have not entered into labour relations with the Employer, but who are engaged through special contracts (eg. temporary and occasional works, service contracts, contracts on representation and mediation, professional education and specialization, contracts on additional work).
Article 2
This Collective Agreement directly applies to activities of the metal complex, in accordance with Enclosure 1 Activities classification", which is enclosed with this Collective Agreement and presents its constitutional part, and is agreed between the negotiating parties.
Article 3
General Act of the Employer (the Collective Agreement, Work Regulation) or the Employment contract, may determine more rights and better working conditions than the rights and conditions established by this Collective Agreement, as well as rights not established by this Collective Agreement, in accordance with the law. General Act of the Employer or the Employment contract, may not determine lesser rights for the employees than the rights established by this Collective Agreement.
Article 4
If the Union is formed at the Employer and it fulfills the conditions for representation, the rights arising from labour relations are defined by the Collective Agreement. If the Union is not formed at the Employer or no Collective Agreement was concluded, and if the employee is a member of the Union the participant of this Collective Agreement, the Employer must, at the Unions request, submit the valid General Act. If the Empoyer does not have the General Act, he must, at the Unions request, submit the employment contract which defines the rights, obligations and responsibilities of the employee and the Employer. General Act of the Employer or the Employment contract, with The Employer as referred to in paragraph 1. of this Article, can not determine lesser rights for the employees than the rights established by this Collective Agreement.
Article 5
The participants of this Collective agreement agree to take measures in order to achieve the conditions for applying the provisions of this Collective Agreement.
II LABOUR RELATIONS
Establishment of employment Article 6
The employment relation can be established in accordance with the law, this Collective Agreement and the Work regulation on organization and jobs systematization. An employment relation with the Employer may be established for a definite or indefinite period of time, with a person who meets the conditions stipulated by the law and other regulations, as well as other requirements defined in the Work regulation on organization and jobs systematization. Labour relation is established by conclusion of labour contract, signed by the employee and the Director, or the person authorized by the Employer, which has all the elements stipulated by the law. The Employment contract can not determine lesser rights for the employees or the less adequate working conditions, than the rights and conditions established by the Constitution, the law, this Collective Agreement and General Act of the Employer (Collective Agreement or Work Regulation). The employee has all the rights, obligations and responsibilities arising from the labour relation starting from the day of starting of work.
Article 7
The Director, resp. the person authorized by the Employer, determines the need for new employees, in accordance with the needs of the company, available personnel and conditions on the market, and brings a decision on the following: 1. will the job vacancies be announced and in what manner; 2. will the new employees be employed for a definite or indefinite period of time; 3. will the new employees be employed with previous working experience or without the working experience; 4. will the working capabilities of the employees be previously tested (and determines the procedure and program for testing); 5. will there be probation work for new employees, and how long will the probation work last (and determines the procedure and program of implementation and control for probation work); 6. will the new employees be employed as apprentices (and determines the lenght of the apprenticeship, training program and the procedure for taking the apprenticeship exam); 7. will the working hours of the new employees be full time or part time; 8. is the emloyee employed at the job with special conditions, resp. with shortened working hours; 9. will the new employee perform his/her duties at the Employers premises or outside of Employers premises, resp. at home, at other premises or in the field; 10. will the new employee be engaged for occasional or temporary jobs, individually or through other organizations (company, coorporation, agency etc.); 11. total amount of salary, in accordance with the law, this Collective Agreement, General Act of the Employer and employment contract; 12. special working obligations of the employee, in accordance with the law, this Collective Agreement, General Act of the Employer and employment contract. The Director, resp. the person authorized by the Employer, incorporates all the listed and other elements into the Proposition of employment contract which will be concluded with the new employees, after he makes it available to all the candidates to see.
Article 9
Working relation with a new employee who does not have appropriate professional experience, can be established in form of apprenticeship for jobs at which the working experience is required, with the duration of apprenticeship: 1. jobs for which the high level of education is required, up to 12 months; 2. jobs for which the higher level of education is required, up to 9 months; 3. jobs for which the high school education is required, up to 6 months. During the apprenticeship period, the apprentice is entitled to basic salary in the amount of 80% of basic salary for job for which he/she is qualifying. At the end of apprenticeship period, the apprentice must take the apprenticeship exam. If the employment is for a definite period of time which coincides with the length of apprenticeship period, the employment is terminated at the end of apprenticeship period. If the employment is for an indefinite period of time, it continues if the apprentice passes the apprenticeship exam, and it is terminated if the apprentice does not pass the apprenticeship exam. The Employer can form a special Commission, or assign a person (mentor), to monitor the work of the apprentice and the apprenticeship exam.
Article 10
Previous control of working capabilities can be a condition for work on certain jobs, as defined in Regulation on Organization and Jobs Systematization. If the candidate shows a satisfying level of working capabilities, he/she fulfills the condition for employment, while the Employer keeps the discretional right to choose between the candidates who fulfilled the conditions, or not to choose between them.
Article 11
Probation work for new employees can last for a maximum period of three months after the start of employment. If the labour relation is established for an indefinite period of time, the employment is continued if the employee shows a satisfying level of performance during the probation work, or it is terminated if the employee does not show satisfying working and professional capabilities. The Employer can form a special Commission, or assign a person (mentor), to monitor the work of the employee during probation work and to evaluate his/her working capabilities.
If the employee refuses to conclude the employment contract under the changed circumstances, which is offered in accordance with the law and this Collective Agreement, the employment shall be terminated.
Article 13
It is not considered that the employee is redistributed to another job, regardless of employees place of residence, in the following cases: 1. field work or business trips, regardless of the destination, frequency and duration; 2. work in business centers (Employers representation offices in the country), if the employee entered the labour relation for work in the business center (representation office); 3. if the employee changed the place of residence at his own will, after the conclusion of employment contract; 4. if the employees place of residence was already outside of the company seat at the moment of conclusion of employment contract. The employee can not be temporarily or permanently redistributed from one town to another without his/her consent, except in the following cases: 1. if the business activity of the Employer requires the work to be performed in places outside the company seat or outside of an organizational part of the company; 2. if the distance from a place at which the employee works to a place at which the employee is redistributed is less than 50 km in one direction; 3. if the place at which the employee works and a place at which the employee is redistributed are on the territory of the same municipality or town, and the regular transport to and from place of work is organized and the costs of transport are paid to the employee, in the amount of transport costs in the public transportation. Employed pregnant woman or a woman with a child of pre-school age, as well as employees with disabilities, can not be redistributed as referred in the previous paragraph.
Article 14
The Employer is obligated, at least twice a year, to submit the list of employees in the previous period to the representative Union. The Employer is obligated to allow the representative unions to check the Employers legal obligation, if the employees are registered for mandatory social insurance
Article 15
Employment can be established with part time working hours, which can not be shorter than the half of daily full time working hours, provided that those jobs are defined in the Regulation on Organization and Jobs Systematization. Employee who is employed with part time working hours has a right to the mandatory social insurance and all the rights arising from the labour relation, proportionally to the time the employee spends at work.
Article 18
The Employer may introduce working hours shorter than full-time, but not shorter than 36 hours per week: - if work is done in three or four shifts, in turns or at night-time; - if introduction of shortened working hours provides better efficiency at work, and - in other cases determined by the Regulation on organization and jobs systematization.
Article 21
At the argumentative request of the employees, for the purpose of protection of their rights, the Employer shall submit the report of overtime and night work to the representative Union.
Working time can not be redistributed for jobs at which the shortened working hours were introduced.
Article 23
If an employed woman during pregnancy or a working parent with a child younger than three years of age or a child with a severe degree of mental and physical disability, refuse to give their written consent for redistribution of working hours, the decision on redistribution of working hours does not apply to them and they can not suffer any consequences for their refusal of consent.
6. single parent of a child under 14 years of age 7. parent with more than three children under the age of 14 8. night work 9. work on Saturdays and Sundays. The number of working days based on the criteria as referred to in paragraph 2. of this Article, will be determined in accordance to the General Act of the Employer. The employee has the right to the annual leave based on these criteria for the period of maximum of 25 working days. On the basis of listed standards and criteria, and by General Act of the Employer and employment contract, the employee may be entitled to more than 25 working days of annual leave. In determining the length of annual leave, the working week will count as five (5) working days.
Article 26
The period for annual leave and its duration shall be determined by a decision defined by the Director, or a person authorized by him, with prior consultaion with the employee. The Employer may change the period planned for annual leave, if the work conditions require so, not later than 10 working days before the day designated for the use of annual leave. The Employer is obligated to compansate for actual costs that the employees has due to changes of period for annual leave. If the employee discontinues his/her annual leave, for any reason, he must immediately inform the Employer and then he/she can: 1. continue the use of annual leave until the date defined in the Decision, as the last day of annual leave; 2. after that, the employee will continue the use of annual leave in accordance with his/her agreement with the Employer. If the annual leave was discontinued due to Employers needs, the employee and Employer will make a timely agreement on continuation of annual leave, provided that the Employer issues a written Decision on the discontinuation of annual leave to the employee.
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Article 30
The area of safety and health at work in metal complex is defined by special collective agreement for safety and health at work in the metal industry area, resp. the collective contract for safety and health at work at the Employer. Special collective agreement for safety and health at work in metal industry area shall be concluded immediately after the conclusion of this Collective Agreement.
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Article 32
The employee is entitled to: 1. salary for work performed and time spent at work; 2. salary based on employee's contribution to Employer's business success (awards, bonuses, etc.); 3. other entitlements based on employment in accordance with this Agreement and the employment contract. The salary as referred to in this Article shall include tax and contributions paid from the salary (gross salary).
Article 33
Salary for work performed and time spent at work is determined on the basis of: - basic salary, - revenue for work results and - increased salary. The time spent at work includes the effective hours of work, within the full-time work, overtime or redistribution of working time.
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Article 35
Basic salary for the simplest jobs (price of work) for the Metal complex of Serbia, for a period of six months shall be determined through negotiation of the participants of this Collective Agreement, considering the following: - basic salary for the simplest job (price of work), determined for previous period, - increase in costs of living, - changing of average salary in Metal complex, - amount of the consumption basket determined by the Ministry of Trade, - amount of minimum wage, - employment (utilization) of capacities and level of economic and business development in the Metal complex, - recommendation of the Social and Economic Council of the Republic of Serbia for the determination of basic salary for the simplest job in the branch. Basic salary for the simplest job (price of work) can be agreed prior to the expiration of a period of six months if there is an increase in the costs of living for more than 10% (a significant decrease in the real value of salaries) or to some other disorder that prevents the payments of salaries based on contractual basic salary for the simplest job.
Article 36
Basic salary for the simplest job (price of work) shall be agreed in the amount of the minimum wage (per working hour for a full monthly fund of 174 hours for standard working performance), increased for taxes and contributions (gross).
Article 37
By the Collective Agreement, the basic salary for the simplest job can be agreed to be higher than the amount of the basic salary for the simplest job.
Article 38
The participants of this Collective Agreement and Collective Agreement with the Employer are obligated, that not later than 15 days before the end of the month for which the minimum wage is agreed, will begin negotiations for the determination of basic salary for the simplest job in the next six-month period. In the event that the participants of this Collective Agreement do not enter into negotiations, or do not reach an agreement, the basic salary of the simplest job shall apply, established for the previous period, as an advance payment, and negotiations are continuing.
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Upon final determination of basic salary for the simplest job, employees are entitled to payment of differences for the previous period, in which the salary was paid as advance payment.
Article 39
Table 1 of this Collective Agreement, determines the coefficients of characteristic jobs by job groups, considering the following elements: complexity, responsibility, working conditions and education. TABLE 1 OF COEFFICIENTS FOR CHARACTERISTIC JOB GROUPS
Job Type of work Complexity of groups work Qualification requirements Required Coefficient Addition Addition for The qualification of work for responsibility lowest level complexity working coefficient condition of job s I 1.00 1.00
Manipulator Simple routine Elementary education for metal work that does processing not require special non-qualified education employee NK
II
Simplier, operating activities for which the written instructions are enough Variety of less complex universal activities and activities that require a higher level of autonomy Medium complex and various activities and tasks that require consultations
Requires technical qualifications, two years after the elementary school PK Requires technical qualificiations, 3 years of high school education KV Requires technical qualificiations, 4 years of high school education SSS
II
1.10
0.10
1.20
III
III
1.25
0.10
0.10
1.45
IV
IV
1.50
0.15
0.10
1.75
Speci-alized Requires technical complex qualificiations, activities and specialization after activities that high school education require a higher level of VKV autonomy
1.65
0.15
0.15
1.95
VI
Constructor - Activities that Requires technical require qualificiations, higher additional level of education operative knowledge in technologist the scope of for metal VS operation, proces-sing autonomy and creativity for
VI
1.80
0.10
0.20
2.10
15
their performinance VII Constructor - Very complex technologist activities that for metal require processing initiative, creativity and autonomy in projection and organization of tasks and activities Scientific Most complex researcher research for activities and construction tasks with and specialistic technology knowledge required for production process and business Requires technical qualificiations, high level of education VSS VII 2.10 0.10 0.30 2.50
VIII
VIII
2.40
0.10
0.50
3.00
The proposed coefficients include the lowest coefficients for appropriate characteristic jobs depending on complexity and education. By the general act (the Collective Agreement or Work regulation) of the Employer, are determined the coefficients for each position, in accordance with the Regulation on organization and job systematization, with respect to coefficients for characteristic job groups referred to in the Article 39. of this Collective Agreement.
Article 40
The Employer can, through the employment contract, determine the higher coefficient, respectively basic salary of the basic salary for the job that an employee performs, defined by this Collective Agreement.
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The employer is obliged to inform employees of the norms and standards and criteria for determination of revenue based on work output, as well as of their amendments. Representative trade unions, for complete information when negotiating and concluding a Collective Agreement with the Employer, as well as in monitoring its implementation in practice, the Employer is obligated to submit documents based on which norms and standards, and criteria for determination of revenue based on work output, were established. By the General Act (the Collective Agreement or Work regulation) of the Employer, can be determined the percentage (%) of decrease or increase of the basic salary of the employee based on work output, but the decrease of the salary based on work output can not be higher than 20%.
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The General Act with the Employer may stipulate a higher percentage of increased salary per individual basis as well as in other cases in which an employee is entitled to a salary increase.
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- for attendance to meetings and seminars of state bodies at all levels, chambers of commerce or associations of employers, employer or union, in the amount of 100% of the average salary in previous three months.
Article 45
The Employer is obligated to pay to the employee, as follows: - severance pay at retirement, in a minimum amount of three (3) average salaries of the employee at the time of payment, provided that such severance paid can not be less than three average salaries per employee at the Employer at the time of payment, or three average salaries per employee in the economy of the Republic, according to the latest data published by the competent state authority for statistics, if that is more favorable to the employee; - pay the amount of costs of the funeral services in case of death of a close family member, and to pay to the family of the employee in case of death of the employee, the amount of costs of the funeral services; - pay the amount of costs for injury at work or occupational disease, in the manner and in amount determined by the Collective Agreement with the employer. The Employer can pay the following to the employee: - premium for voluntary supplementary pension insurance; - premium for collective insurance against accidents and collective insurance against serious illness and surgical intervention. Close family members, in terms of paragraph 1. item 2. of this Article, are the spouse and children of the employee. The Collective Agreement at the Employer, can define the extended circle of close family members.
Article 46
The General Act (the Collective Agreement or Work regulation) of the Employer, defines the right of the employees to: - jubilee Award for full 10, 20 and 30 years of service at the Employer (including the accelerated retirement and work experience in companies that have merged with the Employer); - solidary help: - in case of long and serious illness of the employee or close members of his/her family (spouse or children), - procurement of drugs for the employee or close family member,
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- rehabilitation of the employee or close members of his/her family, - mitigation of consequences of natural and other disasters; - Christmas and New Year gifts for the children of the employees; - credit for the purchase of food for winter and heating fuel.
Article 47
The Collective Agreement at the Employer and Employment contract determine the conditions and the manner of compesation on basis innovation, rationalization and other forms of creativness, in accordance with the Law, Collective Agreement at the Employer and Employment contract.
Article 48
The employee is entitled to compensation of costs which have the character of salary: - regression for annual leave if the employee is entitled to annual leave of at least 20 working days, in the amount of 75% of the average monthly salary per employee in the economy of the Republic, according to the latest data published by the competent state authority for statistics and a proportional part of regression for annual leave if the employee has a right to annual leave shorter than 20 working days; - monthly food during work for the days spent at work, 15% of the average monthly salary per employee in the economy of the Republic, according to the latest data published by the competent state authority for statistics, for effective working hours. The General Act of the Employer (the Collective Agreement or Employment contract) may stipulate higher amount of regression and costs for food or the way of organization of food for employees at the Employer.
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- time spent on business trips abroad under the terms and conditions established by the relevant regulations; - daily compensation for increased working and living costs (trip allowance) in the amount of accommodation and food costs, as well as family visits, in accordance with the Collective Agreement at the Employer; - Use of own vehicle for business purposes, up to 30% of the price of a liter of super gasoline per kilometer; - other costs compensations, in accordance with other acts of the Employer.
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Article 52
The Employer shall deliver the proposal or decision on determination of redundancy to the representative trade unions for consultation. Within 15 days of receiving the documents referred to in paragraph 1. of this Article, the representative trade unions submit their views on the following: 1. was the number of redundant employees, in relation to the total number of employees, properly determined and in accordance with the Law; 2. are the criteria by which the redundacy can be expressed established, with regard to needs of the Employer and the social-economic status of employees; 3. did the Employer propose statutory measures for solving redundancy in the program, such as: employment, re-assignment to other jobs, work for another employer, retraining or additional training, part-time employment and other measures; 4. did the Employer act in accordance with the Law in applying the criteria for determining redundant employees (i.e. employees absence from work due to temporary incapacity for work, maternity leave, child care and special child care can not be criteria for determining the redundancy); 5. have the funds been provided for resolving the social and economic situation of redundant employees.
Article 53
The Employer and the representative trade union at the Employer may establish a common commission for: 1. consideration of program/decision on the resolution of redundancy of employees; 2. proposing the most rational solutions for the Employer and employees; 3. determination of the facts for the application of additional criteria for determining of an employee whose services are no longer needed. Attitudes of common commission have the advisory role.
Article 54
The Employer is obligated to pay, to the employee whose services are no longer required, severance pay in the amount of one third of the salary for each full year of service, which can not be lower than 50% of the average salary in the Republic of Serbia, according to the latest data published by the competent authority for statistics, on the day of payment of severance, if it is more favorable for the employee.
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The salary, as referred to in the preceding paragraph, means the salary paid for the three months preceding the month in which severance was paid as follows: 1. average (gross) salary of the employee or 2. average (gross) salary at the Employer, if that is more favorable to the employee or 3. average (gross) salary per employee in the Republic of Serbia according to the proper authority, if that is more favorable for the employee. Severance shall be paid up to the date of termination of employment.
Article 56
The Employer can not make a decision on termination of employment on the basis of the redundancy, without the written consent of the employee, to: 1. disabled worker, who acquired a disability working with the Employer without his consent; 2. to the employee who lacks five years or less for the realization of one of the conditions for retirement; 3. employed woman with a child under two years of age; 4. single parent of a child under seven years of age and a parent of a child with disabilities.
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Article 58
For employees who achieve the same results and have the same financial situation, the following criteria will apply: - number of family members who earn salaries, where priority is given to employees with less family members who have salaries; - length of employment, where priority is given to employees with longer employment period; - health of the employee and his close family members, where priority is given to the employee, if he or member of his family suffers from severe disease, as determined by competent medical authority; - number of children in school, where priority is given to an employee who has more children in school.
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2. protect the reputation of the Employer, its authorities and authorized persons, according to the Act of the Employer governing the work discipline; 3. to do the job to which he/she was assigned at the place, in the manner and in time as determined by General and special Acts of the Employer; 4. to work his/her job diligently and promptly, in accordance with the rules of the profession; 5. to comply with safety and helath measures at work; 6. to rationaly use working time and resources at work; 7. to implement decisions and orders of the Employer, the authorized person and the direct supervisor.
IX COMPESATION OF DAMAGE
Article 60
An employee shall be liable for work or work-related damages he/she causes to the Employer with intent or through gross negligence.
Article 61
Existence of damage, its extent, circumstances under which it has occurred and manner of compesation, shall be determined by the Commission appointed by the Employer, and which includes one representative of the Union whose employee is liable for damage. The procedure for determination of extent of damage is determined by the Commission.
Article 62
The Commission may, depending on the social status of the employee and his family, recommend the Employer that the employee should compensate in monthly installments, that the payment can be reduced by a percentage or to release the employee from obligation of compensation.
Article 63
If an employee suffers injury or damage at work or in connection with the work, the employer is obliged to compensate the damage. The employer and employee may agree, alone or with the help of an arbiter, the amount of damage, and if they do not agree, the employee is entitled to compensation in accordance with the Law.
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X TERMINATION OF EMPLOYMENT
Article 64
The employment can not be terminated, due to a breach of working obligation, as determined by the General Act or employment contract, or due to breach of working discipline as prescribed by the Genral Act of the Employer, if the employee was not previously allowed to defend himself, ie. to explain his/her behavior, in front of the Director or a person authorized by him. The Director, or a person authorized by him, is obligated to consider and check all the circumstances under which the conditions for employment termination have occured, as referred to in paragraph 1. of this Article.
Article 65
If for a period of three months, the employee does not show the necessary knowledge and skills to perform tasks on which he is employed, ie. does not accomplish the required work results, the employee's direct supervisor initiates the procedure for knowledge and skills evaluation, ie. evaluation of work results of the employee. A proposal to initiate proceedings as referred to in paragraph 1. of this Article is submitted to the Director who is obligated to form a special Commission which will evaluate knowledge and skills of the employee, ie. his/her work results. The Commission as referred to in paragraph 2. of this Article must be composed of members which must have at least the same level of education for the occupation as the employee whose work results and the knowledge and skills are being evaluated. If the Commission determines that the employee does not have the knowledge and skills to perform his tasks, ie. does not achieve the required work results, the Director will offer another suitable job, and if there is no such job, the Employer may terminate the employment contract, according to the procedure established by the Law.
Article 66
If the employment contract is terminated, in accordance with the law, the employee has the right and obligation to stay on his/her job for the next 30 days, and the Employer is obligated to pay him a financial compensation in the amount determined by the law, at the end of employment relation.
Article 67
The procedure for consensual resolving of disputes between the Employer and the employee before the arbiter, in accordance with the law, is implemented with the consent of the employee and the Employer.
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Article 69
The Employer is obliged to inform the representative trade Union on matters within its jurisdiction, which are essential to economic and labuor and social status of employees, particularly: - plan and implementation of production; - annual report on the operations of the company with particular emphasis on the stated profits and its intended distribution; - the structure of expenditures; - participation of salaries in the costs of Employers business; - data on average salaries, paid salaries per qualifications and the organizational units; - plans for company development; - number of new employees, their positions and departments; - monthly reports on safety and health protection at work and injuries of the employees; - and other issues, as agreed. The Employer is obligated to allow access to Union representatives to all information on activities of the Employer, when it is needed to ensure the protection of rights of the employees as determined by the law and collective agreements, in accordance with conditions and standards stipulated by the law.
Article 70
The Employer is required to allow Union representatives absence from work due to the implementation of program activities and to attend union meetings, conferences, seminars and congresses, at invitation of the authority that organizes the meeting. The Employer is obliged to allow absence from work for educational seminars etc. for Union representatives, in accordance with the Decision of competent union authority, for at least seven working days per year.
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The Employer is obliged to allow work to Union representatives who were elected into higher Union authorities and to allow them absence from work to participate in the work of those authorities, with the submitted invitation. The Employer is obliged to allow work to Union representatives who represent Union members organized into separate associations within the Union (recreation, helping funds, etc.), in accordance with the regulations of those associations.
Article 71
The President of the representative Union (Chief Trustee) can be released from duties relating to his job for which the employment contract was concluded, during his time on that function in the union, and will receive the same salary as if he is working.
Article 72
The authorized representative of the representative Union is entitled, for his function in the Union, to the following: 1. 40 paid hours per month if the trade Union has at least 200 members and one additional hour per month for every additional 100 members; 2. proportionally smaller number of hours, if the Union has less than 200 members. Branch representatives and members of Union authorities, are entitled to 50% of paid hours referred to in this Article. The Collective Agreement with the Employer or the agreement can prescribe more rights than the rights stipulated by this Article. Authorized Union representatives, in terms of this Article, are entitled to salary compensation in the amount of basic salary they would earn if they were working.
Article 73
The Union representative authorized for collective negotiation, resp. assigned as a member of the collective negotiating board, is entitled to paid leave during the negotiation. The Union representative assigned to represent the employee in dispute with the Employer, before the Arbiter or in Court, is entitled to paid leave from work during the representation. The Union representative who is absent from work for purposes of his Union function, collective negotiation and representation of the employee before the Arbiter or in Court, is entitled to salary compensation in the minimum amount of basic salary, in accordance with the General Act and the employment contract. The aforementioned compensation is paid by the Employer.
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Article 74
The Employer is obligated to provide the following working conditions to the registered representative Union, without charge: 1. use of adequately equipped business premises, depending on the number of Union members and Employers capability; 2. the right to use other premises of the Employer for larger meetings necessary for Union operation; 3. necessary technical working conditions; 4. places specially designated for Union information; 5. use of company car, or some other tranport vehicle, for Union needs, if possible.
Article 75
The Employer can not terminate the employment contract, or put the employee representatives to disadvantage in any other way (re-asignement to other, less paid jobs, re-asignement to another departments, re-asignement to other towns, reasignement to another employers, declaring redundancy) during their position on these functions and two years after their withdrawal from these functions, if acting in accordance with the Law, Collective agreement and employment contract. The Employer is obliged to return the representative Union officials, at the end of their functions, to jobs they worked on before the election, or to jobs on which they will not have lower salaries than the salaries they had before the election to a professional function.
Article 76
The Employer is obligated, free of charge and through service of the Employer, to do the following to Union organization: - deduct the amount of Union membership from employees salary and pay it to the appropriate bank account of trade Union in accordance with the statute; - to make payments to the account of funds established by the Union; - to prepare a balance sheet; - to process data on membership payment, in agreement with the Union.
Article 77
The authorized Union representatives who are protected by the law, in terms of this Collective Agreement, are:
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1. Union president, at the Employer (trustee); 2. Member of Board (Trustees) of the Union; 3. President (member) of monitroing board of the Union; 4. Member of higher authority of the Union and the Association of Unions; 5. President of JSO presidency or the collective board; 6. Representatives of the employees for safety and health of the employees, resp. the member of the Board for safety and health, who are members of the Union, the participant in this Collective Agreement. The Unions are obligated to submit the list of persons referred to in paragraph 1. of this Article, as well as all the changes, to the Employer. The authorized Union representative who is absent from work, in accordance with the law and this Collective Agreement, for the purposes of Union activities, is entitled to salary compensation for the period of absence from work in the amount of his/her average salary earned in the previous three months.
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individual interests, with full consideration of arguments, objective circumstances, conditions and possibilities, on the principle of full equality and partnership. The participants in this Collective Agreement agree that, in good faith, they take actions to enable conditions for application of provisions of this Collective Agreement.
Article 80
It is the mutual obligation of participants of this Collective Agreement to regularly, completely and timely inform on issues that affect implementation, changes and amendments of this Collective Agreement.
Article 81
If the proposal for change or amendment of this Collective Agreement is initiated, as well as in the case of termination of this Collective Agreement, the participants are obligated to enter into negotiation. Negotiations for conclusion, changes and amendments of this Collective Agreement are led by negotiating teams, composed of representative Unions and representative Associations of employers, proportionally to the number of Union and Employer members.
Article 82
All disputes in conclusion of this Collective Agreement are resolved by the Arbitration which is composed of participants of this Collective Agreement, within 15 days from the day the dispute has arisen. The Decision of the Arbitration is obligating for the participants. Composition and mode of operation of the Arbitration is defined by the participants of this Collective Agreement, by the decision on formation of Arbitration.
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Once in every three months, the Coordinating Board is obligated to consider actual issues regarding the application of this Collective Agreement, especially to: 1. give and deliver opinions, instructions and procedures regarding the use of rights and infrigements of labor relations, as defined in this Collective Agreement, 2. initiate changes and amendments of individual provisions of this Collective Agreement, 3. give initiative for extended implementation of this Collective Agreement, or its individual provisions, 4. give opinion on demands for exclusion from implementation of this Collective Agreement, 5. at the request of participants of this Collective Agreement, to consider the information on compliance of collective agreements of the Employer with this Collective Agreement and to take adequate measures and activities 6. and other activities regarding the implementation of this Collective Agreement. Coordinating Board operates and brings decisions in accordance with the rulebook which is ratified at the first, constitutional meeting. Coordinating Board keeps records of its work, especially of delivered opinions, warnings and initiated procedures. The conditions for operation of Coordinating Board are provided by the participants of this Collective Agreement.
Article 85
This Collective Agreement is concluded for the period of three years.
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After the expiration of period referred to in paragraph 1 of this Article, this Collective Agreement becomes void, unless otherwise agreed between the participants in this Collective Agreement, within 30 days before the expiration of this Collective Agreement.
Article 86
The validity of this Collective Agreement, before the expiration of validity period as referred to in Article 85 of this Collective Agreement, can be terminated by an agreement of participants in this Collective Agreement. If the agreement is not reached, every participant in this Collective Agreement can terminate this Collective Agreement, in accordance with provisions of the Labor Law.
Article 87
The participants in this Collective Agreement who have organized the union at the Employer, are obligated, in accordance with provisions of the Law and this Collective Agreement, to conclude the Collective Agreement or make changes and amendmends to the valid Collective Agreement so it can comply to the provisions of the Law and this Collective Agreement.
Article 88
The employers, members of the Association of employers of Serbia, at which no union fulfills the conditions for representation or the unions did not conclude the agreement on association, or if participants in collective negotiation do not reach agreement for conclusion of the Collective Agreement, are obligated to: 1. create the general act or make changes and amendments to the existing general act, so it can comply to the provisions of the Law and this Collective Agreement; 2. conclude employment contracts with the employees, or to modulate them to comply to the provisions of this Collective Agreement.
Article 89
If, on the day this Collective Agreement enters into force, the rights, obligations and responsibilites of the employees have not been decided, the provisions of this Collective Agreement shall apply, if that is more favourable for the employees.
Article 90
Changes and amendments of this Collective Agreement are made in a manner and by the procedure it was concluded.
Article 91
This Collective Agreement enters into force on the eighth day from its publication in "Official Gazette of Republic of Serbia", and shall be applied after the Decision on
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extended application of this Collective Agreement enters into force, which is brought by the Minister of labour and social policy.
Individual articles of Special Branch Collective Agreement on changes and amendments of Special Branch Collective Agreement for metal industry of Serbia
("Official Gazette of Republic of Serbia", no. 10/2012)
Article 1
The application of provisions of Article 48. of the Special Branch Collective Agreement for metal industry of Serbia (hereinafter: this Collective Agreement) is temporarily delayed, relating to regression payment for annual leave and payment of monthly foods costs at work.
Article 2
Temporary delay, as referred to in Article 1. of this Collective Agreement, shall last for the maximum period of three months from the date this Collective Agreement enters into force.
Article 3
After the expiration of the period referred to in Article 2. of this Collective Agreement, the contracting parties of this Collective Agreement will continue the negotiation on potential changes and amendments of Article 48. of this Collective Agreement.
Article 4
This Collective Agreement enters into force on the eighth day from its publication in "Official Gazette of Republic of Serbia" and shall be appiled from the day the Decision on Extended Application of this Collective Agreement enters into force.
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07.2
SECTOR S 20.5
07.10 Exploitation of iron ore Exploitation of other metal ores 07.21 Exploitation of uranium and thorium ores 07.29 Exploitation of ores of other ferrous, non-ferrous, noble and other metals PROCESSING INDUSTRY Production of other chemical products Includes production of explosives Production of explosives Includes the production of: - gunpowder, BLASTING CAPS AND DETONATORS Production of basic metals Production of raw iron, steel and ferro-alloys Production of raw iron, steel and ferro-alloys Production of steel pipes, hollow profiles and fittings Production of steel pipes, hollow profiles and fittings Production of other products from primary steel processing Cold rolling of bars Cold rolling of flat products Cold shaping of profiles Cold drawing of wires Production of noble and other non-ferrous metals Production of noble metals Production of aluminium Production of lead, zinc and tin Production of copper Production of other non-ferrous metals Casting of metals Casting of iron Casting of steel Casting of light metals Casting of other non-ferrous metals Production of metal products, except machines and devices Production of metal constructions Production of metal constructions and parts of constructions Production of metal doors and windows Production of metal cisterns, tanks and containers Production of boilers and radiators for central heating
20.51
24 24.1 24.10 24.2 24.20 24.3 24.31 24.32 24.33 24.34 24.4 24.41 24.42 24.43 24.44 24.45 24.5 24.51 24.52 24.53 24.54 25 25.1 25.11 25.12 25.2 25.21
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25.29 25.3 25.30 25.4 25.40 25.5 25.50 25.6 25.62 25.7 25.71 25.72 25.73 25.9 25.91 25.92 25.93 25.94 25.99 26 26.1 26.11 26.12 26.2 26.20 26.3 26.30 26.5 26.51 26.52 26.6 27 27.1
systems Production of other metal cisterns, tanks nad containers Production of steam boilers, except boilers for central heating systems Production of steam boilers, except boilers for central heating systems Production of weapons and ammunition Production of weapons and ammunition Forging, pressing, punching and rolling of metals; powder metallurgy Forging, pressing, punching and rolling of metals; powder metallurgy Processing and coating of metals; machining of metals Machining of metals Production of blades, tools and general metal products Production of blades Production of locks and mountings Production of tools Production of other metal products Production of steel barrels and similar packaging Production of packaging of light metals Production of wire products, chains and springs Production of bonding elements and threaded machine products Production of other metal products Production of computers, electronic and optical products Production of electronic elements and boards Production of electronic elements Production of printed electronic boards Production of computers and peripheral equipment Production of computers and peripheral equipment Production of communication equipment Production of communication equipment Production of measuring, exploring and navigation instruments and devices; production of clocks Production of measuring, exploring and navigation instruments and devices Production of clocks Production of radiation equipment, electro-medical and electro-therapeutical equipment Production of electric equipment Production of electric motors, generators, transformers and equipment for electrical power distribution
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27.2 27.3
27.4 27.5
28.1
28.2
28.3 28.4
28.9
27.11 Production of electric motors, generators, transformers 27.12 Production of equipment for electrical power distribution and equipment for electrical power management Production of batteries and storage batteries 27.20 Production of batteries and storage batteries Production of wire and cable equipment 27.31 Production of optic fiber cables 27.32 Production of other electronic and electric conductors and cables 27.33 Production of equipment for connection of wires and cables Production of lighting equipment 27.40 Production of lighting equipment Production of household appliances 27.51 Production of electric household appliances 27.52 Production of non-electric household appliances Production of machines for general use 28.11 Production of motors and turbines, except for aircrafts and motor vehicles 28.12 Production of hydraulic driving devices 28.13 Production of other pumps and compressors 28.14 Production of other faucets and valves 28.15 Production of bearings, gear wheels and driving gear wheel elements Production of other machines for general use 28.21 Production of industrial furnaces and burners 28.22 Production of lifting and transport equipment 28.24 Production of manual driving devices with mechanisms Production of machines for agriculture and forestry 28.30 Production of machines for agriculture and forestry Production of machines for metal processing and tool machines 28.41 Production of machines for metal processing 28.49 Production of other tool machines Production of other machines for special uses 28.91 Production of machines for metallurgy 28.92 Production of machines for mines, quarries and construction 28.93 Production of machines for food, beverage and tobacco industries 28.94 Production of machines for textile, clothing and leather industries 28.95 Production of machines for paper and carton industry
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29 29.1 29.2
29.3
30.4 30.9
32 32.1
32.5
33 33.1
28.96 Production of machines for plastics and rubber production 28.99 Production of machines for other special uses Production of motor vehicles, trailers and semi-trailers Production of motor vehicles 29.10 Production of motor vehicles Production of bodies for motor vehicles, trailers and semi-trailers 29.20 Production of bodies for motor vehicles, trailers and semi-trailers Production of parts and accessories for motor vehicles and motors for vehicles 29.31 Production of electric and electronic equipment for motor vehicles 29.32 Production of other parts and additional equipment for motor vehicles Production of other traffic means Production of ships and boats 30.11 Production of ships and floating vessels Production of locomotives and rail vehicles 30.20 Production of locomotives and rail vehicles Production of aircrafts and spacecrafts and corresponding equipment 30.30 Production of aircrafts and spacecrafts and corresponding equipment Production of military combat vehicles 30.40 Production of military combat vehicles Production of other transport means 30.91 Production of motorcycles 30.92 Production of bicycles and wheelchairs Other processing activities Production of jewellery, costume jewellery and similar objects Includes production of jewellery 32.12 Production of jewellery and similar objects Production of medical and dental instruments and materials 32.50 Production of medical and dental instruments and materials Repair and installation of machines and equipment Repair of metal products, machines and equipment 33.11 Repair of metal products 33.12 Repair of machines
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Repair of electronical and optical equipment Repair of electrical equipment Repair and maintenance of ships and boats Repair and maintenance of aircrafts and spacecrafts Repair and maintenance of other transport equipment Installation of industrial machines and equipment 33.20 Installation of industrial machines and equipment
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