Serbia
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Labour Law (Official Gazette of Serbia no. 24/05), and
- The Law on the Prohibition of Harassment at Work (Official gazette of Serbia no. 36/10)
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Serbia.
- Sex
- Birth
- Language
- Race
- Skin color
- Age
- Pregnancy
- Health status or disability
- Nationality
- Religion
- Marital status
- Family obligations
- Sexual orientation
- Political or other beliefs
- Social origin
- Financial status
- Membership in political organizations or trade unions, and
- Any other personal characteristic
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
The Labour Law defines harassment as any unwanted behaviour related to a protected characteristic that aims at or constitutes a violation of the dignity of an employee or person seeking employment and which causes fear or creates a hostile, humiliating or offensive environment.
Sexual Harassment
The Labour Law defines sexual harassment as any verbal, non-verbal or physical behaviour aimed at or violating the dignity of an employee or a person seeking employment in the sphere of sexual life, and which causes fear or creates a hostile, humiliating or offensive environment.
Filing a Claim in Serbia
A claim for employment discrimination or harassment may be filed with the appropriate office of the Labor Inspectorate.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Serbia, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.