It is certain that the state guarantees the right to work, but it cannot leave the existing framework of economic possibilities either. Therefore, even in the Republic of Serbia, the right to work does not exclude the possibility of temporary unemployment that may result from the natural effect of economic laws in the economic system. But the right to work presupposes the material security of persons who are temporarily out of employment
An unemployed person is a person who is willing, able and available to work, but is deprived of salary (earnings) due to the absence of an objective opportunity to work. There is no category of workers that would be exempt from unemployment, with the fact that unemployment occurs more often in some categories of workers, while in other categories it is not a frequent case.
It is not uncommon for unemployment to threaten workers with lower qualifications and salaries, which means that unemployment is a greater risk for those categories of workers who have a weaker position on the labor market. The ordinary worker identifies less with the unemployed and is not interested in unemployment protection, which, for this reason, obviously does not have the same public support as other branches of social security. That is why unemployment insurance in all countries has a limited time and financial framework. It stops after a certain period of time, after which the state tries to solve the social problem of unemployed citizens in another way, mostly through social assistance.
The International Covenant on Economic, Social and Cultural Rights, adopted by the UN General Assembly in 1966, is an integral part of our legal order. Namely, the Pact in Art. 9 expressly stipulates that the signatory states of that Pact must recognize the right to social security for all persons, which includes social security and thus, of course, unemployment insurance.
Unemployment insurance in the Republic of Serbia provides an answer to the question of the scope and real possibilities of realizing the principle of the right to work. It is certain that the state guarantees the right to work, but it cannot leave the existing framework of economic possibilities either. Therefore, even in the Republic of Serbia, the right to work does not exclude the possibility of temporary unemployment that may result from the natural effect of economic laws in the economic system. But the right to work presupposes the material security of persons who are temporarily out of employment.
LEGAL REGULATION OF THE RIGHTS OF THE UNEMPLOYED IN THE REPUBLIC OF SERBIA
The Law on Employment and Unemployment Insurance (Official Gazette RS2, No. 36/2009...49/21) regulates jobs and employment job holders, the rights and obligations of the unemployed and the employer, active employment policy, unemployment insurance and other issues of importance for employment, increasing employment and preventing long-term unemployment in the Republic of Serbia. Also, the aforementioned law specifies who is considered an unemployed person, which in the spirit of the law is a person from the age of 15 until meeting the conditions for a pension, i.e. a person up to the age of 65 at the latest, able and immediately ready to work, who is kept on record unemployed and actively looking for employment.
Compulsory unemployment insurance is part of the system of compulsory social insurance of citizens, which provides rights for unemployment on the principles of obligation, reciprocity and solidarity. Mandatory insurance provides rights in case of unemployment, namely: monetary compensation, health insurance and pension and disability insurance and other rights in accordance with the law.
WHAT RIGHTS DOES AN UNEMPLOYED PERSON HAVE??
Pursuant to Art. 67 of the Employment and Unemployment Insurance Act, an unemployed person has the right to financial compensation in the event of termination of employment or termination of mandatory insurance, based on: 1. termination of employment by dismissal by the employer in accordance with labor regulations, namely 1) if due to technological, economic or organizational changes, the need to perform a certain job ceases or there is a reduction in the scope of work, in accordance with the law, except for persons who, in accordance with the Government's decision on determining the program for solving redundant employees, voluntarily opted for monetary compensation or special monetary compensation - in an amount greater than the amount of severance pay determined by the Labor Law, and 2) if the employee does not achieve work results, that is, he does not have the necessary knowledge and abilities to perform the tasks he is working on; 2. termination of fixed-term employment, temporary and casual jobs, probationary work; 3. termination of office of elected, appointed and appointed persons, if the right to rest of the employment relationship or salary compensation has not been realized, in accordance with the law; 4. transfer of founding rights of the owner, that is, a member of the company; 5. opening of bankruptcy, initiation of liquidation proceedings and in other cases termination of employment of the employer, in accordance with the law; 6. relocation of the spouse, in accordance with special regulations; 7. Termination of employment abroad, in accordance with the law or international agreement.
The law also stipulates that an unemployed person whose employment relationship, i.e. insurance has ended by his own will or fault, i.e. if the employment relationship has ended by arbitrarily opting for severance pay, monetary compensation or special monetary compensation according to the Government's decision on determining the program for solving redundant employees, in an amount greater than amount of severance pay determined by the Labor Law, can exercise the right to monetary compensation if he again fulfills the conditions from Article 66 of this law, which means if the person has been insured for at least 12 months continuously or with interruptions in the last 18 months.
SINCE WHEN IS AN UNEMPLOYED PERSON ENTITLED TO UNEMPLOYMENT BENEFIT?
The monetary benefit belongs to the unemployed person from the first day of termination of compulsory insurance, but on the condition that he registers and submits a request to the National Employment Service within 30 days of termination of employment or termination of insurance. If an unemployed person submits a request after the expiration of the 30-day period, he will be entitled to monetary compensation from the date of submission of the request. However, an unemployed person who submits a request after the expiration of the deadline, i.e. the time for which the right to monetary compensation would belong to him, would not be able to realize the right to monetary compensation.
Pursuant to Art. 72 of the Law on Employment and Unemployment Insurance, monetary compensation is paid to the unemployed: 1. three months, if they have an insurance record of one to five years; 2. six months, if he has an insurance record of five to 15 years; 3. nine months, if he has an insurance record of 15 to 25 years; 4. twelve months, if he has an insurance record of more than 25 years. Exceptionally, monetary compensation belongs to the unemployed for a duration of 24 months if the unemployed is up to two years away from fulfilling the first condition for exercising the right to a pension, in accordance with the regulations on pension and disability insurance.
The law prescribes the possibility to pay an unemployed person one-time compensation for self-employment, at the request of the unemployed person, in accordance with the general act of the National Service.
WHEN THE PAYMENT OF MONETARY BENEFITS TO AN UNEMPLOYED PERSON IS SUSPENDED?
The payment of monetary compensation is suspended for the period during which unemployment rights are suspended, namely: 1. the duration of the contract on performing temporary and occasional jobs; 2. serving or completing military service; 3. serving a prison sentence, the duration of detention, imposed security measures, educational or protective measures, for a duration of up to six months; 4. stay abroad in the case when the unemployed person or his spouse is sent to work abroad as part of international-technical or educational-cultural cooperation in diplomatic, consular and other representative offices.
WHEN AN UNEMPLOYED PERSON TERMINATES THE RIGHT TO MONEY COMPENSATION?
An unemployed person who is the beneficiary of the right to monetary compensation ceases if the unemployed person is deleted from the records of the National Service, in accordance with this law; then if the records of the unemployed cease to be kept, in accordance with the law; if he does not notify the National Service within five days of a change that is a condition or basis for acquiring, exercising or terminating the right to monetary compensation; if it is determined by the competent authority that he works for the employer without an employment contract or a contract on temporary and occasional jobs and if the unemployed person submits a request for termination of rights.
CONCLUSION
Material security for unemployment in the Republic of Serbia provides an answer to the question of the scope and realistic possibilities of realizing the principle of the right to work. Material security in case of unemployment is inextricably linked with the right to work, but the right to work does not only mean freedom from unemployment, but also freedom from poverty and hunger in the event that the worker finds himself out of employment against his will. Therefore, the Law on Employment and Unemployment Insurance regulates in detail the rights of unemployed persons for the duration of unemployment, and these rights aim to provide material security to persons who have found themselves out of employment against their will, for a certain period of time after termination of employment. relationship.
The author is a judge of the Basic Court in Kragujevac
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