Can Employers Monitor and Access Data on Employee’s Work Computer Usage and Internet Activity – Barbulescu Case Overruled by Grand Chamber

Can Employers Monitor and Access Data on Employee’s Work Computer Usage and Internet Activity – Barbulescu Case Overruled by Grand Chamber

A very controversial topic in the modern workplace pertains to the issue of monitoring workplace internet and telephone use by the employer. On the European level this issue has been put before the European Court of Human Right (“ECtHR”) in a number of occasions, most recently in the 2016 Barbulescu case in which ECtHR found that the employer rightfully dismissed an employee who breached the employer’s internal computer usage policy. This landmark decision which spurred much controversy, however, has recently been overturned by the Grand Chamber. New developments bring attention to Serbia’s lack of explicit solutions regarding this issue.

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Time Limits of Registry Pledge over Movable Assets in Serbia and Montenegro

Time Limits of Registry Pledge over Movable Assets in Serbia and Montenegro

Similarities in legal systems of Serbia and Montenegro as well as common legal market can on many occasions befog some key differences between certain legal terms. One of such differences is the time limitation of a registered pledge on movable assets.

Both Serbia and Montenegro have a statutory framework for registered pledges on movable assets; Serbia has its Act on Registered Pledge on Movable Assets (Zakon o založnom pravu na pokretnim stvarima upisanim u registar, “Official Gazette RS”, nos. 57/2003, 61/2005, 64/2006 and 99/2011 – other laws, “Serbian Pledge Act”) and Montenegro its Act on Pledge as a Security for Receivables (Zakon o zalozi kao sredstvu obezbjeđenja potraživanja, Official Gazette MNE nos. 38/2002, 1/2014 – other act and 14/2014 – other act, “Montenegrin Pledge Act”).

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Administrative Guarantee Act – an Increase in Legal Certainty

Administrative Guarantee Act – an Increase in Legal Certainty

One of the new possibilities introduced by the new Serbian General Administrative Procedure Act is an administrative guarantee. It is a statement issued by an authority that it will issue an administrative act at the request of a party. By issuing an administrative guarantee, the authority guarantees that the act issued will have a precisely defined content.

The Act does not stipulate when an administrative guarantee could be issued, and leaves this to be regulated by sector legislation instead. This legislation will have to lay out the conditions that petitioners have to meet in order to obtain the guarantee.

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A Change in the Horizon – the Initiation of Public Debate on Changes and Amendments to the Serbian Companies Act

A Change in the Horizon – the Initiation of Public Debate on Changes and Amendments to the Serbian Companies Act

On 22 September 2017 the public debate on the proposed amendments to the Serbian Companies Act (hereinafter: the “Act“) was initiated. The changes of the Act are expected to create conditions for further development of the concept of e-government, and are mainly focused on expediting the process of company registration and creating space for further europeanization of business environment in Serbia upon accession to the EU.

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New Legislative Changes: Is Serbian Agricultural Land Market Truly Liberalized?

New Legislative Changes: Is Serbian Agricultural Land Market Truly Liberalized?

On its way to becoming a Member State of the European Union, Serbia undertook the obligation to implement the fundamental EU principles into its legal system by entering into the Stabilization and Association Agreement (the “SAA”).

Under the SAA, Serbia was bound to introduce mechanisms so as to allow EU citizens to acquire agricultural land under the same conditions as its own citizens by September 1, 2017. In order to perform its obligation, Serbia adopted amendments to the Agricultural Land Act (the “Act) and became the first non-Member State allowing EU citizens to acquire the ownership title on agricultural land.

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Employee Leasing in Serbia Still a Gray Zone

Employee Leasing in Serbia Still a Gray Zone

Leasing of employees – a situation in which employment agencies hire employees and act as their formal employers and then lease them to perform actual work for their client companies – has become a frequent phenomenon in Serbia the past few years.

For employers, leasing employees instead of employing them seems like a win-win situation, providing them with the workforce they need without the hassle of dealing with administrative responsibilities associated with workforce management.

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Legal Requirements for Hiring Foreigners in Serbia

Legal Requirements for Hiring Foreigners in Serbia

In recent years, many international companies set up its operations in Serbia, in the form of subsidiaries or branch offices, not least due to the generous incentives that have been provided through a number of government schemes. Such companies very often have the need to engage foreign employees, mainly due to wanting to provide trained staff for their Serbian subsidiaries, persons who have demonstrated experience in the field and are already familiar with the company policies.

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Emerging Real Estate Market in Serbia

Emerging Real Estate Market in Serbia

It is safe to say that Serbia has positioned itself as one of the most significant investment destinations in SEE region, especially attractive for real estate investments. Given its strategic position in the Balkans, favorable export-import regimen with SEE countries and Russia, low profit tax rate of 15%, average salary and government-supported incentives for the investors, it is no wonder that Serbia is becoming the leader in the Western Balkans’ real estate market.

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Serbian Commission for Protection of Competition Enacts Measure for Protection of Competition for the First Time

Serbian Commission for Protection of Competition Enacts Measure for Protection of Competition for the First Time

On 12 July 2017, Serbian Commission for Protection of Competition (the “Commission”) enacted a Decision by which it enacted a measure for protection of competition due to implementation of concentration contrary to the legal obligation to notify the Commission of the concentration and to receive its prior approval

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