Employees in state institutions (education, health, etc.) who
are assigned to jobs as: cleaners, janitors, burners, maintenance technicians,
they are entitled to a minimum wage.
The employer is obliged to pay the minimum wage to the
employee in the amount determined on the basis of the decision on the minimum
labor price valid for the month in which the payment is made.
In addition to the right to a minimum wage, the employee is
entitled to reimbursement of expenses and other benefits prescribed by law,
such as reimbursement of expenses for food (so-called employee meal allowance)
and recourse for the use of holiday allowance.
Furthermore, all benefits to which the employee is entitled
(basic salary, hot meal, holiday pay, past work, overtime work, etc.) should be
separately stated in the payslips that each employee must receive each month
from the employer’s accounting department.
In practice, it happens that the school, as an employer, does
not show especially stated compensations in the name of employee meal allowance
and holiday vacation in its payslips, justifying it by the fact that the Serbian
Law on Salaries in State Bodies and Public Services stipulates that the
coefficient contains compensation in the name of holiday allowance.
However, when you take into account the amount that employees
in these sectors receive, it is easy to conclude that they are usually paid
only the minimum wage, without a provided meal. If the employee meal allowance and
holiday allowance were included in the coefficient, that coefficient should be
higher, so that when the employee meal allowance, recourse (and other salary
compensations) is deducted from the total amount paid, the employee is left
with a “just” minimum salary.
In addition, if we deducted from the amount paid all costs
(including holiday allowance and employee meal allowance), salary compensation
and other benefits, the employee would be left with an amount less than the
minimum wage, which is unacceptable and contrary to the provisions of the
Serbian Labor Law.
For that reason, employees have the right and opportunity to
demand payment of a employee meal allowance and holiday allowance. This fact is
proven in court proceedings by the presentation of evidence by an expert
witness by a court expert in economics and finance, who must determine the
difference between what was paid to the employee and what he was entitled to
under the Law.
In such cases, the Serbian Labor Law does not differentiate
between a fixed-term employee and an indefinite employee, and all employees
with a minimum wage are entitled to reimbursement of these costs, regardless of
whether the period of their engagement is limited or not.
Finally, what we especially note is that the right to claim sums
of money in labor law expires in 3 years, so the statute of limitations is
terminated by the date of filing a lawsuit in the competent court.
Our law firm successfully represents clients in all labor
disputes, and if you have any questions, feel free to contact us.
