Legal Protection In Misdemeanor Matters

Antidicrimination regulations of the Republic of Serbia sanction certain discrimination acts, as well as failing to implement special measures stipulated by the law, in order to achieve full equality, protection and prosperity of persons or groups of persons who are in an unequal position.
In line with Article 33 item 4 of the Law on Prohibition of Discrimination (Official Gazette of the Republic of Serbia, No 22/2009), the Commissioner for Protection of Equality is authorized to submit misdemeanor notices on account of violations of rights guaranteed by the antidiscrimination regulations. Bearing in mind her role and duties, the Commissioner is authorized to submit misdemeanor notices on account of misdemeanors stipulated by the Law on Prohibition of Discrimination, as well as on account of misdemeanors stipulated by the special antidiscrimination laws, such as the Law on Protection of Rights and Freedoms of National Minorities (Official Gazette of FRY, No 11/2002, Official Gazette of Serbia and Montenegro, No 1/2003, Official Gazette of the Republic of Serbia, No 72/2009), the Law on Prevention of Discrimination against Persons with Disabilities (Official Gazette of the Republic of Serbia, No 33/06), the Law on Gender Equality (Official Gazette of the Republic of Serbia, No 104/09), as well as other regulations that achieve and protect equality.
The text that follows gives an overview of misdemeanors set forth by the antidiscrimination legislation. For a better overview, the description of each misdemeanor is contained in its name, and it is presented along with the quotations of those legal provisions that are violated by that misdemeanor.

MISDEMEANORS STIPULATED BY THE LAW ON PROHIBITION OF DISCRIMINATION

(Official Gazette of the Republic of Serbia, No 22/2009)

Discriminatory behavior of public administration authorities

1. An authorized official or a person in charge within the framework of a public administration authority shall be fined in the amount of 10,000 to 50,000 dinars for committing a discriminatory act (Article 50).

Discriminatory treatment on the part of an authorized official or an official in charge acting on behalf of a public administration authority shall be considered a severe violation of duty in accordance with the law (Article 15 paragraph 2).

Violation of the principle of equal opportunity in the sphere of labor

2. A legal entity or an entrepreneur who violates, on the grounds of personal characteristics, the principle of equal opportunity of employment or exercising all the rights in the sphere of labor under equal conditions, in the case of

– a person doing temporary and occasional work,
– a person doing additional work,
– a student or a pupil undergoing vocational practice,
– a person undergoing professional training and development without concluding a contract of employment, or a volunteer,

shall be fined for such misdemeanor in the amount of 10,000 to 100,000 dinars (Article 51. paragraph 1). A person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 51. paragraph 2).

It is forbidden to exercise discrimination in the sphere of labor; that is to say, to violate the principle of equal opportunity for gaining employment or equal conditions for enjoying all the rights pertaining to the sphere of labor, such as the right to employment, free choice of employment, promotion, professional training and professional rehabilitation, equal pay for work of equal value, fair and satisfactory working conditions, paid vacation, joining a trade union and protection from unemployment (Article 16 paragraph 1).

Discrimination in the provision of services

3. A legal entity or an entrepreneur who, within the framework of their activities

– refuses to provide services to an individual or a group on the grounds of their personal characteristics,
– requires fulfillment of conditions for the provision of services that are not required of other individual or groups, or
– unwarrantedly gives priority to another individual or group,

shall be fined in the amount of 10,000 to 100,000 dinars (Article 52 paragraph 1). A person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 52. paragraph 3).

Discrimination in the provision of public services shall be considered to occur if a legal or physical entity, within the framework of their activities or profession, refuses to provide a service on the grounds of a personal characteristic of an individual or a group of persons, or if the said entity, in order to provide the service in question, requires the fulfillment of some condition that is not required of other individuals or groups of persons, or if the said entity unwarrantedly gives priority to another individual or a group of persons when it comes to providing a service (Article 17 paragraph 1).

Discrimination in provision of public services and access to objects in public use

4. If a legal entity or an entrepreneur, owner or user of an object in public use or a public space denies access to the said object or public space to an individual or a group on the grounds of their personal characteristics, they shall be fined in the amount of 10,000 to 100,000 dinars. The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 52 paragraphs 2 and 4).

Everyone shall have the right to equal access to objects in public use (objects where the head offices of public administration authorities are located, objects used in the sphere of education, health care, social welfare, culture, sports, tourism, objects used for the purpose of environmental protection, protection against natural disasters and the like), as well as public spaces (parks, squares, streets, pedestrian crossings and other public transport routes and the like), in accordance with the law (Article 17 paragraph 2).

Religious discrimination

5. If they act contrary to the principle of free expression of faith or beliefs, i.e. if they deny an individual or a group the right to acquire, maintain, express and change faith or beliefs, or the right to express, be it privately or publicly, or act in accordance with their beliefs, they will be fined in the following manner:
– a fine in the amount of 5,000 to 50,000 dinars for the person in charge within the framework of a public administration authority;
– a fine in the amount of 10,000 to 100,000 dinars for a legal entity or an entrepreneur;
– a fine in the amount of 5,000 to 50,000 dinars for a person in charge within the framework of a legal entity and a natural person (Article 53 paragraphs 1, 2 and 3).

Discrimination shall be considered to occur in the case of conduct contrary to the principle of free expression of faith or beliefs or if an individual or a group of persons is denied the right to acquire, maintain, express and change faith or beliefs, or the right to express, be it privately or publicly, or act in accordance with his/her beliefs.
The conduct of priests, that is to say, religious officials, which is in keeping with a religious doctrine, beliefs or the objectives of churches and religious communities entered in the register of religious communities, in accordance with the law regulating the freedom of religion and the status of churches and religious communities, shall not be considered to constitute discrimination.
(Article 18).

Discrimination in the sphere of education and professional training

6. An educational institution shall be fined in the amount of 10,000 to 100,000 dinars if it unwarrantedly obstructs or prevents an individual or a group of persons from being enrolled, on the grounds of their personal characteristics, or excludes them from the institution in question (Article 54 paragraph 1). The person in charge within the framework of the educational institution shall be fined in the amount of 5,000 to 50,000 dinars (Article 54 paragraph 2).

It is forbidden to obstruct or prevent entry into an educational institution to an individual or a group of persons on the grounds of their personal characteristics, or to exclude them from these institutions, to obstruct or prevent their attendance of classes and participation in other educational activities, to categorize pupils on the basis of personal characteristics, to maltreat them and unwarrantedly differentiate among them in other ways, and to treat them in an unequal manner (Article 19 paragraph 2).

Discrimination on the grounds of gender

7. A legal entity that denies rights or grants privileges pertaining to gender, or exploits an individual or a group of persons on the grounds of gender, shall be fined in the amount of 10,000 to 100,000 dinars (Article 55 paragraph 1).

It is forbidden to deny rights or to grant privileges, be it publicly or covertly, pertaining to gender or gender change. It is forbidden to practice physical violence, exploitation, express hatred, disparagement, blackmail and harassment pertaining to gender, as well as to publicly advocate, support and practice conduct in keeping with prejudices, customs and other social models of behavior based on the idea of gender inferiority or superiority; that is, the stereotyped roles of the genders. (Article 20 paragraph 2).

If an entrepreneur denies a right or grants privileges pertaining to gender, or perpetrates acts of physical or other forms of violence, exploits, expresses hatred, disparages, blackmails or harasses an individual or a group of persons on the grounds of gender, the entrepreneur shall be fined in the amount of 10,000 to 100,000 dinars (Article 55 paragraph 2). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 55 paragraph 3).

Discrimination on the grounds of sexual orientation

8. A legal entity or an entrepreneur that requires of an individual or a group of persons to publicly express their sexual orientation or who prevents them from expressing their sexual orientation in accordance with the Law on Prohibition of Discrimination shall be fined in the amount of 10,000 to 100,000 dinars (Article 56 paragraph 1). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars.

Sexual orientation is a private matter, and no one may be called to publicly declare their sexual orientation.
Everyone shall have the right to declare their sexual orientation, and discriminatory treatment on account of such a declaration shall be forbidden.
(Article 21).

Discrimination against children

9. A legal entity or an entrepreneur that discriminates against a child or a minor on the grounds of being born in or out of matrimony, or publicly advocates giving priority to children of one gender over the other, and differentiates among children on the grounds of the financial situation, profession and other characteristics related to the social position, activities, expressed opinion or belief of the child’s parents, guardians and family members, shall be fined in the amount of 10,000 to 100,000 dinars (Article 57 paragraph 1). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 57 paragraph 2).

It is forbidden to discriminate against a child or a minor on the grounds of their health, being born in or out of wedlock, to publicly advocate giving priority to children of one gender over the other, as well as differentiating among children on the grounds of the financial situation, profession and other characteristics related to the social position, activities, expressed opinions or beliefs of the child’s parents, guardians and family members. (Article 22 paragraph 2).

Discrimination on the grounds of age

10. A legal entity or an entrepreneur that discriminates against individuals or obstructs the provision of heath care or other public services to them on the grounds age of shall be fined in the amount of 10,000 to 100,000 dinars (Article 58 paragraph 1). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 58 paragraph 2).

It is forbidden to discriminate against individuals on the grounds of age. (Article 23 paragraph 1).

Discrimination on the grounds of political party or trade union membership

11. A legal entity or an entrepreneur that discriminates against an individual or a group of persons on the grounds of their political beliefs, or membership or non-membership in a political party shall be fined in the amount of 10,000 to 100,000 dinars (Article 59 paragraph 1). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 59 paragraph 2).

It is forbidden to discriminate against an individual or a group of persons on the grounds of their political beliefs, or membership or non-membership in a political party or a trade union. (Article 25 paragraph 1).

Discrimination on the grounds of health

12. A legal entity or an entrepreneur that unwarrantedly denies an individual or a group of persons health care services on the grounds of their personal characteristics, imposes special conditions for the provision of health care services, denies them diagnosis and withholds information pertaining to their current health condition and to the already undertaken or intended measures for treatment or rehabilitation, and that harasses, insults and disparages them in the course of staying at a health care institution shall be fined in the amount of 10,000 to 100,000 dinars. (Article 60 paragraph 1). The person in charge within the framework of a legal entity or a public administration authority, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 60 paragraph 2).

Discrimination against an individual or a group of persons on the grounds of their health, or health of their family members, shall be considered to occur especially if an individual or a group of persons is unwarrantedly denied health care services, has special conditions imposed for the provision of health care services, is denied diagnosis and has information withheld pertaining to their current health condition or the already undertaken or intended measures for treatment or rehabilitation, and, in the case of harassment, receives insults and
disparagement in the course of staying at a health care institution (Article 27 paragraph 2).

MISDEMEANORS STIPULATED BY THE LAW ON PREVENTION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

(Official Gazette of the Republic of Serbia, No 33/2006)

Discrimination pertaining to right on association

1. An association that denies membership to a person with disability on the grounds of their disability shall be fined in the amount of of 10,000 to 100,000 dinars (Article 46 paragraph 1). The person in charge within the framework of the association shall be fined in the amount of 5,000 to 50,000 dinars (Article 46 paragraph 2).
An association that sets special membership conditions to a person with disability shall be fined in the amount of of 10,000 to 100,000 dinars (Article 46 paragraph 1 item 2). The person in charge within the framework of the association shall be fined in the amount of 5,000 to 50,000 dinars (Article 46 paragraph 2).
An association that denies the right to elect and be elected in the association’s steering bodies to a member with disability, or sets special conditions for election in the association’s steering bodies to members with disabilities, shall be fined in the amount of of 10,000 to 100,000 dinars (Article 46 paragraph 1 item 3). The person in charge within the framework of the association shall be fined in the amount of 5,000 to 50,000 dinars (Article 46 paragraph 2).

Discrimination on the grounds of disability within an association includes the following:
1. denying membership to a person with disability on the grounds of their disability;
2. setting special membership conditions to a person with disability;
3. denying the right to elect and be elected in the association’s steering bodies to a person with disability;
4. setting special conditions for election in the association’s steering bodies to persons with disabilities (Article 12 paragraph 2).

Discrimination in sphere of service provision

2. A legal entity that refuses to provide a service to a person with disability, except in a situation where the provision of such service would jeopardize life or health of the person with disability or another person, shall be fined in the amount of 10,000 to 100,000 dinars (Article 47 paragraph 1 item 1). The person in charge within the framework of the legal entity, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 47 paragraphs 2 and 3).
A legal entity that provides a service to a person with disability under conditions less favorable in comparison to those under which the same service is provided to other beneficiaries, except in a situation where the provision of such service in regular conditions would jeopardize life or health of the person with disability or another person, shall be fined in the amount of 10,000 to 100,000 dinars (Article 47 paragraph 1 item 2). The person in charge within the framework of the legal entity, as well as a natural person, shall be fined in the amount of 5,000 to 50,000 dinars (Article 47 paragraphs 2 and 3).

Discrimination on the grounds of disability with regard to access to services includes, in particular, the following:
1. refusing to provide a service to a person with disability, except in a situation where the provision of such service would jeopardize life or health of the person with disability or another person;
2. providing a service to a person with disability under different, less favorable conditions in comparison to those under which the same service is provided to other beneficiaries, except in a situation where the provision of such service in regular conditions would jeopardize life or health of the person with disability or another person (Article 13 paragraph 5 items 1 and 2).

Discrimination in the sphere of healthcare services

3. A legal entity that sets special conditions for provision of healthcare services to persons with disabilities, in situations where such conditions are not justified by medical reasons, shall be fined in the amount of 10,000 to 100,000 dinars (Article 48 paragraph 1). The person in charge within the framework of the legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 48 paragraph 2).

The following acts are considered as discrimination of persons with disabilities in the sphere of provision of healthcare services:
2. setting of special conditions for provision of healthcare services to persons with disabilities, in situations where such conditions are not justified by medical reasons (Article 17 paragraph 2 item 2).

Discrimination in the sphere of upbringing and education

4. A legal entity that denies a child of preschool age, a pupil or a student with disability their right to enroll into an educational institution that corresponds to their previously acquired level of knowledge or educational capacities, shall be fined in the amount of of 10,000 to 100,000 dinars (Article 49 paragraph 1 item 1). The person in charge within the framework of the legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 49 paragraph 2).

Discrimination on the grounds of disability at all levels of upbringing and education includes the following:
1. denying a child of preschool age, a pupil or a student with disability their right to enroll into an educational institution that corresponds to their previously acquired level of knowledge or educational capacities (Article 18 paragraph 2 item 1).

5. A legal entity that excludes a child of preschool age, a pupil or a student with disability from the educational institution they attend on the grounds of their disability shall be fined in the amount of of 10,000 to 100,000 dinars (Article 49 paragraph 1 item 2). The person in charge within the framework of the legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 49 paragraph 2).

Discrimination on the grounds of disability at all levels of upbringing and education includes the following:
2. exclusion of a child of preschool age, a pupil or a student with disability from the educational institution they attend on the grounds of their disability (Article 18 paragraph 2 item 2).

6. A teacher, a mentor or another person employed in an educational institution who constantly or frequently harasses, insults or mistreats a child of preschool age, a pupil or a student with disability on the grounds of their disability shall be fined in the amount of 10,000 to 50,000 dinars (Article 50).

A particularly severe form of discrimination on the grounds of disability is harassing, insulting or mistreating of a child of preschool age, a pupil or a student with disability on the grounds of their disability, when these acts are committed by a teacher, a mentor or another person employed in an educational institution (Article 20).

Discrimination in the field of transport

7. A legal entity dealing with transport that refuses to transport a person with disability shall be fined in the amount of 25,000 to 500,000 dinars (Article 51. paragraph 1). The person in charge within the framework of the legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 51 paragraph 2). The entrepreneur shall be fined in the amount of 10,000 to 250,000 dinars (Article 51 paragraph 3); driving staff shall be fined in the amount of 5,000 to 50,000 dinars (Article 51 paragraph 4);

Discrimination pertaining to paragraph 1 of this Article shall involve the following:
1. refusing to transport a passenger with disability (Article 27 paragraph 2 item 1).

8. Driving staff that, during the trip, constantly or frequently harasses, insults or mistreats passengers with disabilities on the grounds of their disability shall be fined in the amount of 5,000 to 50,000 dinars (Article 52).

A particularly severe form of discrimination on the grounds of disability is harassing, insulting or mistreating of passagners with disabilities on the grounds of their disability, during a trip and committed by the staff of the vehicle in question (Article 29).

MISDEMEANORS STIPULATED BY THE LAW ON GENDER EQUALITY

(Official Gazette of the Republic of Serbia, No 104/2009)

Discrimination in the sphere of education

1. An institution that commits the act of discrimination on the grounds of gender in relation to:

– conditions for access and denial of access to the institution;
– conditions and opportunities for access to continuous education, including all programs for education of adults and programs for acquiring of functional literacy;
– conditions for exclusion from the process of education, scientific work and professional development;
– manner of providing services and giving advantages and information;
– knowledge assessment and evaluation of achieved results;
– conditions to receive scholarships and other forms of assistance for schooling and university studies,
– conditions to freely choose or acquire one’s title, professional career, professional development and diploma;
– conditions for advancement;
– additional qualification and prequalification

shall be fined in the amount of of 10,000 to 100,000 dinars (Article 53 paragraph 1). The person in charge within the framework of the institution shall be fined in the amount of 5,000 to 15,000 dinars (Article 53 paragraph 2).

Educational and scientific institutions, as well as institutions for professional training, may not commit discrimination on the grounds of gender, in particular in relation to:
1) conditions for access and denial of access to an institution;
2) conditions and opportunities for access to continuous education, including all programs for education of adults and programs for acquiring of functional literacy;
3) conditions for exclusion from the process of education, scientific work and professional development;
4) manner of providing services and giving advantages and information;
5) knowledge assessment and evaluation of achieved results;
6) conditions to receive scholarships and other forms of assistance for schooling and university studies;
7) conditions to freely choose or acquire one’s title, professional career, professional development and diploma;
8) conditions for advancement, additional qualification and prequalification. (Article 30 paragraph 1 items 1-8)

Discrimination in the sphere of labor

2. An employer with the status of a legal entity that:
1) fails to produce a plan of measures to secure the equal gender representation from Article 13 paragraph 1;

An employer that employs more than 50 employees with a permanent work contract is obliged to adopt a plan of measures for removal or mitigation of unequal gender representation for each calendar year, by January 31st at the latest (Article 13 paragraph 1).

2) fails to produce the annual report on implementation of the plan of measures from Article 13 paragraph 1;

An employer that employs more than 50 employees with a permanent work contract is obliged to adopt a plan of measures for removal or mitigation of unequal gender representation for each calendar year, by January 31st at the latest.
An employer is obliged to produce an annual report on implementation of the plan of measures from paragraph 1 of this Article, at the latest by January 31st of the current year for the previous year (Article 13 paragraphs 1 and 2).

3) requests or uses information on family life and family plans of the candidates when employing or hiring personnel;
4) differentiates between candidates on the grounds of gender when publicly advertising vacancies, providing terms of reference for jobs, or selecting persons to employ or hire in some other manner;

When publicly advertising vacancies, providing terms of reference for jobs, or selecting persons to employ or hire in some other manner, it is forbidden to differentiate between candidates on the grounds of gender, unless there are justified reasons to do so, established in line with the law that regulates the sphere of labor (Article 15).

5) violates the gender equality provisions when appointing personnel;

A person’s gender may not be an obstacle in career advancement.
Absence from work due to maternity and parental leave may not be an obstacle in getting promoted, career advancement and professional development.
Absence from work due to maternity and parental leave may not be the reason to appoint that person to an inadequate job position, or to terminate their employment contract, in line with the law that regulates the sphere of labor (Article 16).

6) violates the provisions on equal pay for equal work between women and men;

Regardless of their gender, employees enjoy the right of equal pay for equal work or work of equal value for an employer, in line with the law that regulates the sphere of labor (Article 17).

7) fails to implement measures to protect an employee from harassment, sexual harassment or sexual blackmailing;

Harassment, sexual harassment or sexual blackmailing at work or related to work, committed by one employee against another, is deemed to be a violation of labor obligations, which constitutes grounds for termination of the employment contract, i.e. for undertaking the measure of dismissal from work, and removal of the employee from the workplace (Article 18 paragraph 1).

8) fails to meet the provisions on equal gender representation when organizing professional development and training;

In each cycle of professional development and training, the employer must pay heed to the fact that gender representation reflects, to the greatest possible extent, the actual structure of employees working for the employer or working in the particular organizational unit for which the training is organized. The employer shall report on this matter in the annual report from Article 13 paragraph 2 of this Law (Article 19).

9) dismisses an employee or terminates his or her employment contact contrary to the provisions of this Law;

If an employee initiates a procedure with regard to discrimination on the grounds of gender, harassment, sexual harassment or sexual blackmailing, it may not be considered as a justified reason to to terminate his or her employment contract, i.e. dismiss the employee and end their other (contractual) relations pertaining to labor. In addition, the same acts may not be considered as a justified reason to categorize the employee as redundant, in line with the regulations that govern the sphere of labor (Article 20.)

shall be fined in the amount of of 10,000 to 100,000 dinars (Article 54 paragraph 1). The entrepreneur shall be fined in the amount of 5,000 to 25,000 dinars (Article 54 paragraph 2); The person in charge within the framework of the employer shall be fined in the amount of 5,000 to 25,000 dinars (Article 54 paragraph 3).

Discrimination in the sphere of public information

3) If a piece of information published in a public media insults a person’s dignity on the grounds of gender, violates a person’s equality on the grounds of gender, or encourages such violation, the person in charge within the framework of the media shall be fined in the amount of 5,000 to 25,000 dinars.

Information published by the public media must not contain nor encourage gender based discrimination.
Provisions of paragraph 1 of this Article include all forms of commercials and advertising material.
By means of their program, the public media are obliged to raise awareness on gender equality and to undertake the appropriate measures in order to modify the social and cultural patterns, traditions and all other practices that determine stereotypes, prejudice and discrimination based on the idea of submission, i.e. of superiority of one gender over the other (Article 41).

MISDEMEANORS STIPULATED BY THE LABOR CODE

(Official Gazette of the Republic of Serbia, No 24/2005, 61/2005 and 54/2009)

Discriminatory behavior of employers

1) An employer that violates the prohibition of discrimination in the terms of this Law shall be fined in the amount of 800,000 to 1,000,000 dinars (Article 273 paragraph 1 item 1). An entrepreneur shall be fined in the amount of 400,000 to 500,000 dinars (Article 273 paragraph 2). The person in charge within the framework of the legal entity shall be fined in the amount of 40,000 to 50,000 dinars (Article 273 paragraph 3).

Both direct and indirect discriminations are prohibited against persons seeking employment and employees in respect to their sex, origin, language, race, color of skin, age, pregnancy, health status or disability, nationality, religion, marital status, familial commitments, sexual orientation, political or other belief, social background, financial status, membership in political organizations, trade unions or any other personal quality (Article 18).

Direct discrimination, pursuant to this law, shall be any action caused by some of the grounds referred to in Article 18 of this law that puts a person seeking employment or employee in a less favorable situation than other persons in the same or similar situation (Article 19 paragraph 1).

Indirect discrimination, pursuant to this law, shall be recognized, in case an apparently neutral provision, criterion or practice puts or would put a person seeking employment or employee in a less favorable situation than other persons, due to a certain quality, status, belief or position of such person referred to in Article 18 of this law (Article 19 paragraph 2).

Discrimination referred to in Article 18 of this law shall be prohibited in relation to:
1) employment conditions and selection of candidates for a certain job;
2) working conditions and all rights resulting from the labor relationship;
3) education, training and advanced training;
4) promotion at work;
5) termination of the labor contract. (Article 20 paragraph 1).
Provisions of the labor contract establishing discrimination pursuant to some of the grounds referred to in Article 18 of this law shall be null and void (Article 20. paragraph 2).

Harassment and sexual harassment are prohibited. (Article 21 paragraph 1).
Harassment, pursuant to this law, is any unwanted behavior resulting from some of the grounds referred to in Article 18 of this law aimed at or representing violation of dignity of a person seeking employment or employee, causing fear or
breeding adverse, humiliating or insulting environment (Article 21 paragraph 2).

Sexual harassment, pursuant to this law, is any verbal, non-verbal or physical behavior aimed at or representing violation of dignity of a person seeking employment or employee in the area of sexual life, causing fear or breeding adverse, humiliating or insulting environment (Article 21 paragraph 3).

2) If the misdemeanors presented in Article 273 paragraph 1 cause material damage to the employee or another natural person or legal entity, it is possible to impose a protective measure to the employer – the prohibition of all activities, in line with the law.

MISDEMEANORS STIPULATED BY THE LAW ON SPORTS

(Official Gazette of the Republic of Serbia, No 24/2011)

Discrimination against athletes

1) A sports association or another legal entity that violates the prohibition of discrimination against athletes shall be fined in the amount of 100,000 to 1,000,000 dinars (Article 183 paragraph 1 item 1). The person in charge within the framework of the sports association or legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 183 paragraph 2);

It is forbidden to directly or indirectly discriminate against athletes in their performance of sports activities, on the grounds of their personal characteristics, gender, status, orientation or belief. This includes discrimination against professional athletes and those who want to become professionals, with regard to employment, wages or conditions of work, except in a situation when the act of differentiating between athletes, i.e. of putting an athlete in a less favorable position in comparison to other athletes in an identical or similar situation, is based on the very nature of a particular sports activity or on real and decisive conditions for performance of such activity, with the aim to achieve justified results.

Provisions of a contract made between an athlete and a sports association that set forth discrimination against the athlete shall be null and void, while the provisions of sports directives and general acts of associations in the sphere of sports that set forth discrimination against athletes shall not be applied.

An athlete who doesn’t have a valid contract signed with one sports association may not be denied the right, by sports rules, to conclude a contract with another sports association or to transfer to another sports association and represent it in sports competitions as an athlete, when the sports association to which the athlete transfers pays the appropriate remuneration to the sports association that the athlete leaves.

In case of a consensual termination of contract between an athlete and a sports association, a dispute that may arise between the sports association to which the athlete transfers and the sports association that the athlete leaves on the subject of amount and manner of payment of the agreed transfer remuneration may not influence the athlete’s sports activities, and his or her right to represent the sports association to which he or she transferred.

An athlete has the right on reparation of damage that he or she may suffer on the account of discrimination acts committed by sports associations from paragraphs 1 to 4 of this Article. (Article 10)

Discrimination against sports experts and experts in the field of sports

2) A sports association or another legal entity that violates the prohibition of discrimination against sports experts and experts in the field of sports shall be fined in the amount of 100,000 to 1,000,000 dinars (Article 183 paragraph 1 item 6). The person in charge within the framework of the sports association or legal entity shall be fined in the amount of 5,000 to 50,000 dinars (Article 183 paragraph 2)

The provisions on prohibition of discrimination from Article 10 of this Law shall be accordingly applicable to sports experts and experts in the field of sports as well (Article 26 paragraph 11).

3) A sports association or another legal entity that fails to make a sports venue accessible to persons with disabilities shall be fined in the amount of 30,000 to 500,000 dinars (Article 184 paragraph 3). The person in charge within the framework of the sports association or legal entity shall be fined in the amount of 5,000 to 30,000 dinars (Article 184 paragraph 2);

Sports venues must be accessible to persons with special needs (children, elderly, persons with disabilities, etc.) (Article 145 paragraph 3).

MISDEMEANORS STIPULATED BY THE LAW ON THE OFFICIAL USE OF LANGUAGE AND ALPHABET

(Official Gazette of the Republic of Serbia, No 45/91, 53/93, 67/93, 48/94, 101/2005 – other law and 30/2010)

Violation of the right on the use of languages of national minorities

1) Owner of a store that does not have the capacity of a legal entity, who displays the sign-board of the store contrary to the provisions of Article 20 of this Law, shall be fined in the amount of 10.000 to 250.000 dinars (Article 25).

The sign-board of a store, an institution or another legal entity shall be displayed in Serbian language and in the national minority language which is in official use in the municipality where the seat of said entity is located.
The sign-board may also be displayed in the national minority language which is in official use in the municipality where the entity from paragraph 1 of this Article operates.
The legal entity from paragraph 1 of this Article shall not obliged to display in Serbian language or in the national minority language the sign-board or the part of the sign-board that is uses as its logo, regardless of its language of origin.
Provisions of paragraphs 1 to 3 of this Article are also applicable to stores and other entities of which the purpose is to perform business activities (Article 20).

2) The person in charge within the framework of an authority or an organization that performs public functions, which displays the name of the authority or the organization contrary to the provisions of Article 19 of this Law, shall be fined in the amount of 1,000 to 25,000 dinars (Article 26)

On the territories on which the languages of national minorities are in official use, the names of towns and other geographic locations, the names of streets and squares, the names of authorities and organizations, the traffic signs, the information and public notices, and other public signs shall also be displayed in the languages of national minorities (Article 19).

MISDEMEANORS STIPULATED BY THE LAW ON FUNDAMENTALS OF EDUCATION SYSTEM

(Official Gazette of the Republic of Serbia, No 72/2009 and 52/2011)

Violation of the prohibition of discrimination, violence, abuse and neglect

1) An institution that fails to take timely measures or fails to take any measures in case of the violation of the prohibition as stated in Articles 44, 45 and 46 of this Law, and more serious violations of the work obligations by employees, shall be fined in the amount of 30,000 to 500,000 dinars (Article 161 paragraph 1 item 3). A principal or a person in charge in an institution shall be fined in the amount ranging from 5,000 to 50,000 dinars (Article 161 paragraph 2).

Prohibition of Discrimination
Article 44
Activities aimed at threatening, belittling, discriminating or singling out groups or individuals on the basis of their racial, national, ethnic, linguistic, religious background or gender, physical and psychological characteristics, developmental impairments and disabilities, health condition, age, social and cultural origin, financial status or political views as well as encouraging or not preventing such activities, and other types of activities stipulated by the law prescribing the prohibition of discrimination, shall be prohibited in an institution.
Discrimination of a group or an individual shall imply each and every direct or indirect, covert or overt exclusion or limitation of rights and freedoms, unequal treatment or failure to act or unjustified differentiation through lax discipline or giving precedence.
Special measures introduced for the purpose of achieving full equality, protection and progress of disadvantaged persons or groups shall not be considered as discrimination.
More detailed criteria enabling an employee, student or another person in an institution to detect different forms of discrimination shall jointly be prescribed by the minister and the minister in charge of human rights.

Prohibition of Violence, Abuse and Neglect
Article 45
Physical, psychological and social violence, abuse and neglect of children and students, corporal punishment and insults, sexual abuse of children, students and employees shall be prohibited in an institution.
Violence and abuse shall imply all forms of once or repeatedly inflicted verbal or nonverbal conduct which results in real or potential hazard to health,development and dignity of a child, student or an employee.
Neglect or careless treatment shall imply the omission on behalf of the institution or an employee to provide conditions for a child’s or student’s proper development.
The institution shall be obliged to immediately file a complaint with a competent authority if signs of violence, abuse or neglect are perceived.
The physical violence for the purpose of paragraph 1 of this Article shall imply: corporal punishment of children and students by employees and other adults, conduct which can lead to real or potential bodily harm being inflicted on a child, student or an employee, violent behavior of an employee towards children, students or other employees as well as violent behavior of a student towards other students or employees.
The psychological violence, for the purpose of paragraph 1 of this Article, shall imply conduct resulting in temporary or permanent impairment of psychological and emotional health and dignity of a child, student or employee.
The social violence, for the purpose of paragraph 1 of this Article, shall imply the exclusion of a child or student from a peer group and different forms of social activities in the institution.
Each and every form of violence and abuse, as stated in paragraph 2 of this Article, on behalf of a student or parent or guardian or an adult against a teacher, preschool teacher, psychologist/pedagogue and other employee shall be prohibited in an institution.
Criminal procedure shall be launched against a parent or child’s guardian or a student for the violation of the prohibition as stated in paragraph 8 of this Article.
The minister shall prescribe the violence and abuse response protocol, content and manner of implementation of preemptive and intervention activities, the conditions, manner and mode of risk analysis, protection against violence, abuse and neglect.
More detailed criteria enabling the detection of non-verbal forms of child and student abuse by an employee during caretaking activities, recess and recreation and other forms of educational and pedagogical work and activities shall be prescribed by the minister.

Prohibition of Political Organizing and Activities
Article 46
Political organizing and activities in an institution as well as the utilization of institution’s facilities for such purposes shall be prohibited.

2) A parent or caregiver of a child or student shall be fined in the amount of 30,000 to 50,000 dinars if he/she commits the violation of prohibition as stated in Article 45 paragraph 8 of this Law (Article 164 paragraph 1). When the violation is committed by a underage student, a parent of caregiver of that student shall be fined in the amount as stated in paragraph 1 of this Article in accordance with the law governing misdemeanors (Article 164 paragraph 2).

Each and every form of violence and abuse, as stated in paragraph 2 of this Article, on behalf of a student or parent or guardian or an adult against a teacher, preschool teacher, psychologist/pedagogue and other employee shall be prohibited in an institution (Article 45 paragraph 8).

MISDEMEANORS STIPULATED IN THE LAW ON PRESCHOOL EDUCATION

(Official Gazette of the Republic of Serbia, No 18/2010)

Violation of the right on use of languages of national minorities

1) A preschool institution that fails to allow the parents to choose the language in which the child will attend preschool education shall be fined in the amount of 10,000 to 1,000,000 dinars (Article 53 paragraph 1 item 1). A principal or a person in charge in a preschool institution shall be fined in the amount ranging from 500 to 50,000 dinars (Article 53 paragraph 1 item 2);

For members of national minorities, education shall be in their mother tongue, or it can be bilingual, or in Serbian, if such option is selected by at least 50% parents or caregivers of children (Article 5 paragraph 2).

MISDEMEANORS STIPULATED BY THE LAW ON VOLUNTEERING

(Official Gazette of the Republic of Serbia, No 36/2010)

Discrimination committed by the organizer of volunteering

1) An organizer of volunteering with the status of a legal entity that violates the principle of prohibition of discrimination shall be fined in the amount of 100,000 to 500,000 dinars (Article 32 paragraph 1 item 1). A person in charge within the framework of a legal entity, a public administration authority, an autonomous province authority and local self-government unit shall be fined in the amount of 10,000 to 100,000 dinars (Article 32 paragraph 3).

It is forbidden for the organizer of volunteering to unwarrantedly set apart or differently treat volunteers in the manner that constitutes discrimination in line with the law, unless if the act is justified by the very nature of the volunteer activity or the volunteer’s abilities, or if this Law stipulates otherwise.
The organizer of volunteering and the volunteers are obliged to treat natural persons – the beneficiaries of volunteering in line with the principle from paragraph 1 of this Article (Article 6).

MISDEMEANORS STIPULATED BY THE LAW ON STANDARD OF STUDENTS AND PUPILS

(Official Gazette of the Republic of Serbia, No 18/2010)

Violation of the prohibition of discrimination, violence and abuse in an institution

1) An institution that endangers, offends or discriminates against pupils, students and employees on any grounds shall be fined in the amount of 100,000 to 1,000,000 dinars (Article 95 paragraph 1 item 7). A principal or a person in charge in an institution shall be fined in the amount of 10,000 to 50.000 dinars (Article 95 paragraph 2).

All activities that overtly or covertly jeopardize, offend or discriminate against groups or individuals on any grounds, or that encourage such behavior, shall be forbidden in an institution, especially on the grounds of race, gender, nationality, social standing, birth, religion, political or other beliefs, property, culture, language, age, sexual orientation, physical or mental disability or constitution.
Special measures introduced for the purpose of achieving full equality, protection and progress of disadvantaged persons or groups shall not be considered as discrimination.
Offending, violent behavior and abuse are forbidden in an institution (Article 36).

LAW ON PROHIBITION OF GATHERINGS OF NEO-NAZI AND FASCIST ORGANIZATIONS AND ASSOCIATIONS AND PROHIBITION OF DISPLAY OF NEO-NAZI AND FASCIST SYMBOLS AND INSIGNIA

(Official Gazette of the Republic of Serbia, No 41/2009)

Material, symbols and insignia that incite hate

1) A legal entity that produces, makes copies of, stores, presents, glorifies or distributes in any other manner any propaganda material, symbols or insignia that incite, encourage or spread racial, national or religious hatred or intolerance, advertise or justify neo-Nazi or fascist ideas and organizations, or endanger the legal order in any other manner, shall be fined in the amount of 100,000 to 1,000,000 dinars (Article 8 paragraph 1 item 1);

It is forbidden to produce, make copies of, store, present, glorify or distribute in any other manner any propaganda material, symbols or insignia that incite, encourage or spread hatred or intolerance toward free beliefs of citizens, racial, national or religious hatred or intolerance, advertize or justify neo-Nazi or fascist ideas and organizations, or endanger the legal order in any other manner (Article 3).

2) A legal entity that produces, makes copies of, stores, presents, distributes or uses in any other manner any symbols that advertise or justify ideas, acts of actions of persons from Article 4 of this Law shall be fined in the amount of 100,000 to 1,000,000 dinars (Article 8 paragraph 1 item 2);

It is forbidden to produce, make copies of, store, present, distribute or use in any other manner any symbols that advertize or justify ideas, acts of actions of persons for which these persons were condemned for war crimes (Article 4).

3) For a misdemeanor from Article 8 paragraph 1

– the person in charge within the framework of a legal entity shall be fined in the amount ranging from 5,000 to 50,000 dinars (Article 8 paragraph 2);
– an entrepreneur shall be fined in the amount ranging from 50,000 to 500,000 dinars (Article 8 paragraph 3);
– a natural person shall be fined in the amount ranging from 5,000 to 50,000 dinars (Article 8 paragraph 4).

4) For a misdemeanor from Article 8 paragraph 1, a protective measure may be imposed, which consists of confiscating the object(s) that served as the misdemeanor tool (Article 8 paragraph 5).

LAW ON CIVIL SERVANTS

(Official Gazette of the Republic of Serbia, No 88/2009)

Acting in a belittling, inhumane or humiliating manner

1) An organization or an institution for which it is established that it treated a civil servant in a belittling, inhumane or humiliating manner, contrary to the provisions of this Law and during the civil servant’s service, shall be fined in the amount of 50,000 to 150,000 dinars (Article 66 paragraph 1). The person in charge within the framework of the organization shall be fined in the amount of 10,000 to 50,000 dinars (Article 66 paragraph 2).


microsoft-word-icon Misdemeanor_related legal protection Преузми


Print Friendly, PDF & Email
Facebook
Google+
http://ravnopravnost.gov.rs/en/discrimination/legal-protection-misdemeanor-matters">
back to top