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Article 1
The rights, duties and liabilities arising from employment, and/or on the grounds of work, shall be governed by the present Law and a special law, in conformity with ratified international conventions.
The rights, duties and liabilities arising from employment shall also be governed by collective agreements and employment contracts, and also by company labour regulations and/or employment contracts, only when so provided by the present Law.
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Article 2
The provisions of the present Law shall apply to the employees of domestic or foreign legal entities or individuals operating in the territory of the Republic of Serbia (hereinafter: the employers), as well as to the employees sent by their employers to work abroad, unless otherwise provided by law.
The provisions of the present Law shall also apply to the employees of government bodies, territorial autonomy and local self-government bodies and public services, unless otherwise provided by law.
The provisions of this Law shall also apply to the employees with the employers in the field of transport, unless otherwise provided by a special regulation.
The provisions of the present Law shall apply to foreign citizens and persons without citizenship who are working for employers in the territory of the Republic of Serbia, unless otherwise provided by law.
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Article 3
Collective agreements in employers shall govern, in conformity with law, the rights, duties and liabilities associated with employment and mutual relations of the parties to collective agreements.
The company labour regulations, and/or employment contracts, shall govern the rights, duties and liabilities associated with employment, in conformity with law, in the following cases:
1) If no trade union has been formed in an employer or if no trade union is up to the representativeness requirements or if no agreement on association has been concluded in conformity with the present Law;
2) If no party to a collective agreement makes a motion for the commencement of bargaining leading to the conclusion of a collective agreement;
3) If the parties to a collective agreement fail to reach a consensus for the conclusion of a collective agreement within 60 days from the bargaining commencement date;
4) If the trade union does not accept the employer's motion within 15 days from service of the notice for the commencement of bargaining for the conclusion of a collective agreement.
In a case referred to in paragraph 2, item 3) of this Article, the parties to the collective agreement shall carry on bargaining in good faith.
In a case referred to in paragraph 2, item 3) of this Article, an employer shall be obliged to present the company labour regulations to the representative trade union within seven days from its effective date.
An employer who does not accept representative trade union's motion for joining bargaining for the conclusion of a collective agreement, may not regulate rights and duties associated with employment by the company labour regulations.
The company labour regulations shall be adopted by a competent body of an employer, established in conformity with law, and/or founding or other general act of the employer, and with an employer which does not have the status of a legal entity shall be adopted by an authorised person in conformity with law.
The company labour regulations of a public enterprise and an association of capital the founder of which is the Republic, autonomous province or local self-government unit (hereinafter: public enterprise) and associations of capital the founder of which is a public enterprise, shall be adopted with prior consent of the founder.
The validity of the company labour regulations shall be terminated on the effective date of the collective agreement referred to in paragraph 1 of this Article.
