No. 07-00-105/2025-02 date: February 23, 2025.
MINISTRY OF LABOR, EMPLOYMENT, VETERAN AND SOCIAL AFFAIRS
Nemanja Starović, Minister
11000 BELGRADE
Nemanjina 22-26
Dear Mr. Starović,
The Commissioner for the Protection of Equality has received complaints from the New Social Welfare Union, the Trade Union Organization of the Social Welfare Employees Union at the Social Work Center of the City of Novi Sad, as well as a large number of citizens employed in social work centers from several populated areas in Serbia, who point out the less favorable position in which certain employees of social work centers have found themselves with the adoption of the Decree on Amendments to the Decree on Coefficients for the Calculation and Payment of Salaries of Employees in Public Services (05 number: 110-1211/2025 of February 13, 2025). The complaints state that certain professional workers employed in social work centers are exempt from the planned increase in the coefficient for the calculation of salaries of employees during 2025.
Namely, the complaint of the Trade Union Organization stated, among other things, that the Government of the Republic of Serbia, at its session held on February 13, 2025, adopted the Decree on Amendments to the Decree on Coefficients for the Calculation and Payment of Salaries to Employees in Public Services. Until the amendment, the Decree determined that the jobs referred to in Article 2, Item 11 – In Social Protection, which fall under the coefficient 19.35, are: educator, social worker, special pedagogue, psychologist, legal expert, sociologist, case manager, planning and development officer, foster care advisor, pedagogue, occupational therapist, speech therapist, as well as complex economic and financial affairs, cultural and recreational activities coordinator, nutritionist, and intake officer in social welfare institutions providing residential care and in CSW (seventh level of professional qualification). The amendment to the Decree established an increase in the coefficient for job groups of 19.35, but with the discriminatory omission of legal expert, sociologist, and complex economic and financial jobs in social welfare institutions providing residential care and in CSW (seventh level of vocational training). It was further stated that the discrimination refers to the fact that the Decree on Amendments to the Decree illegally and unfoundedly omitted the aforementioned professions, because according to Article 136 of the Law on Social Protection, professional workers in a social work center are social workers, psychologists, pedagogues, adult educators, special pedagogues, legal experts and sociologists, and in other social protection institutions and social protection service providers, professional workers are also Special educators and doctors, while professional associates are persons of other appropriate professions, with higher education at first or second level studies, that is, basic studies, who perform work in their profession in a social protection institution and at social protection service providers. The complaint also states that Article 137 of the Law on Social Protection stipulates that professional jobs in social protection are grouped according to functions, the nature of work processes and the outcomes that arise in the provision of social protection services. It is also indicated that according to Article 4, paragraph 2 of the Rulebook on Professional Activities in Social Protection[1], it is stipulated that the basic professional activities of social protection, depending on the characteristics and needs of the user group, include: 1) informing, assessing, planning; 2) mediation and representation in the exercise of rights and use of services; 3) implementation of user protection measures and monitoring the effects of the services and measures taken; 4) advisory guidance, activation and implementation of socio-educational activities in accordance with the needs and interests of users; 5) care for the physical, psychological, social-emotional, cognitive and communication and creativity development of users. Furthermore, Article 11 of the Rulebook defines that legal transactions in social protection include the application of administrative procedural rules in conducting procedures, as well as the preparation of individual administrative acts in matters whose resolution is entrusted by law to social protection institutions, as well as the tasks of maintaining records and issuing certificates regarding beneficiaries, persons being supported, individuals who have been subjected to domestic violence, and persons against whom a protection measure from domestic violence has been imposed, as well as other facts for which official records are maintained and other tasks in accordance with the law. Legal transactions in the social work center also include the work of preparing acts for initiating court and other proceedings from family relations, protecting the rights of the child, or the rights of other legally incompetent persons in other cases where the participation or active legitimation of the guardianship authority is prescribed by law. It is further stated that legal work in the social work center includes legal support and guidance regarding the implementation of guardianship measures, protection from domestic violence, children’s rights and the exercise of parental rights, the rights of persons with disabilities and members of other vulnerable groups – all in direct work with beneficiaries, as well as information work, legal advice, and participation in the assessment, planning and implementation of social and guardianship services and measures, in cooperation with employees in professional jobs in social protection. It is also indicated that Article 33 of the Rulebook on the Organization, Norms and Standards of the Work of the Social Work Center[2] stipulates that employees in administrative and legal affairs provide consulting legal support to the case manager. The provisions of Article 38 of this Rulebook stipulate that an expert team is an expert body whose work includes: a supervisor, a case manager and experts in specific specialties from or outside the organizational unit of the center, or from other institutions and organizations; that the head of the service, or the supervisor, forms an expert team at the proposal of the case manager, when the latter assesses that assistance or additional professional support from experts in other specialties is needed to assess the condition and needs of an individual beneficiary, plan activities, provide services and take measures for the legal protection of an individual beneficiary, and that an expert team is mandatorily formed by decision of the head of the service: 1. when it is necessary to perform tasks that are determined by law or bylaws to be performed as a team (such as assessing the general suitability of future adopters, foster parents and guardians); 2. when a decision needs to be made on establishing adoption; 3. when considering the guardianship report of the temporary guardian and the guardian; 4. when deciding on granting prior consent to the guardian for performing tasks that go beyond the scope of regular tasks in representing the ward or regular management of his property; 5. when it is necessary to decide on granting prior consent for the disposal of the ward’s property or the disposal of the property of a child under parental care. This article further stipulates that in the cases referred to in paragraph 3, items 2–5 of this Article, in addition to the experts referred to in paragraph 1 of this Article, the work of the expert team shall include a legal expert and the head of the service within which the aforementioned decisions are made, and if the services have not been formed as separate organizational units in the center, at least one of the experts who, in accordance with the decision of the director and the general act on internal organization and systematization of jobs, has special powers and responsibilities shall participate. In addition to the aforementioned tasks, in accordance with Article 26 of the aforementioned Regulation, the work of the admissions office and the office for material benefits shall be organized within the legal affairs service. In the admissions office, in addition to the employees of the legal affairs service, employees of social work shall also work on admissions, in accordance with a special duty schedule for admissions. The office for material benefits performs the tasks of recognizing the rights of beneficiaries to material security, allowance for assistance and care of another person and other cash benefits. In the center, which, given the number of employees, does not meet the conditions for establishing a legal services department as a separate organizational unit, the tasks within the scope of this service are performed by employed legal experts, and, in addition to them, reception tasks are performed by employees in social work, in accordance with a special reception duty schedule. The trade union organization believes that it is indisputable that the cited legal and regulatory acts show that the Decree on Amendments to the Decree discriminated against professional workers – especially legal experts and sociologists – in relation to all other professions that fall under the group of jobs with a coefficient of 19.35, which is increased by the Decree to 21.05. The trade union organization indicates that the provisions of Article 104, paragraph 2 and 3 of the Labor Law[3] stipulate that employees are guaranteed equal pay for the same work or work of equal value that they perform for the employer, and that work of equal value means work that requires the same level of professional qualifications, i.e. education, knowledge and skills, in which an equal work contribution is made with equal responsibility. Within the meaning of this article, all professional workers in social protection are equal in their work.
The citizens’ complaint further states that the Decree on Coefficients for the Calculation and Payment of Salaries of Employees in Public Services does not recognize the profession of adult educator, and that this profession is not recognized in the Decree on Amendments to the Decree on the Coefficient of 13 February 2025, which increases the coefficient for the calculation of salaries for certain categories of employees. They note that the Law on Social Protection, in Article 136, recognizes adult educator as one of the professions that belong to the professional workers of the social work center. The complaints point to the particularly unfavorable position of adult educators who are not in the position of case managers, that is, those who are in the position of professional workers.
A number of complaints have been submitted by economists engaged in complex financial-accounting tasks who are employed in social welfare centers. It was stated that a professional worker in administrative and legal tasks and a graduate economist in financial and accounting tasks in social work centers, given their level of education and the complexity of the tasks they perform, cannot in any way be valued less than other professional workers in these institutions.
The Constitution of the Republic of Serbia[4], in Article 21, prohibits any discrimination, direct or indirect, on any grounds, and in particular on the grounds of race, gender, nationality, social origin, birth, religion, political or other belief, property, culture, language, age, and mental or physical disability.
The constitutional prohibition of discrimination is further elaborated in the Law on the Prohibition of Discrimination[5], which in Article 2, paragraph 1, item 1, stipulates that an act of discrimination means any unjustified distinction or unequal treatment, or omission (exclusion, restriction or preference), in relation to persons or groups, as well as members of their families, or persons close to them, in an open or covert manner, based on race, skin color, ancestry, citizenship, national or ethnic origin, language, religious or political beliefs, sex, gender, gender identity, sexual orientation, gender characteristics, income level, property status, birth, genetic characteristics, health status, disability, marital and family status, criminal record, age, appearance, membership in political, trade union and other organizations and other real or presumed personal characteristics.
The provision of Article 1, item 1, of the International Labor Organization Convention No. 111 concerning discrimination in respect of employment and occupation[6], stipulates that the term discrimination, inter alia, includes any distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion, national or social origin which has the effect of nullifying or impairing equality of opportunity or treatment in respect of employment or occupation.
The provisions of Article 104 of the Labor Law[7] stipulate that an employee has the right to an appropriate salary, which is determined in accordance with the law, general act and employment contract; that employees are guaranteed equal salary for the same work or work of the same value that they perform for the employer, while work of equal value means work that requires the same level of professional qualifications, i.e. education, knowledge and skills, in which an equal work contribution is made with equal responsibility.
The provisions of Article 136 of the Law on Social Protection[8] stipulate that professional workers in a social work center are social workers, psychologists, pedagogues, adult educators, special educators, lawyers, and sociologists, and in other social welfare institutions and social welfare service providers, professional workers are also special educators and doctors, while professional associates are persons of other appropriate professions, with higher education at first or second level studies, or at basic studies, who perform tasks in their profession in social welfare institutions and at social welfare service providers.
On February 13, 2025, the Government of the Republic of Serbia adopted the Decree on Amendments to the Decree on Coefficients for the Calculation of Salaries of Employees in Public Services[9], which states that in the Decree on Coefficients for the Calculation and Payment of Salaries of Employees in Public Services, in Article 2, at the end of point 11, the paragraphs 2 and 3 are added, which read: The coefficient for calculating and paying the salary of a graduate special educator in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons, children in inpatient care up to three years of age, in institutions for the accommodation of immobile and semi-mobile users in institutions for the elderly and institutions for the moderately impaired in mental development, educators in institutions for the education of children and youth, professional workers and educators in shelters for the urgent protection of children and youth with a seventh level of professional qualification is 20.73; for educator, social worker, special educator, psychologist, case manager, foster care counselor, pedagogue, occupational therapist, speech therapist, nutritionist and triage worker in social welfare institutions for the accommodation of beneficiaries and in social welfare centers with a seventh level of qualification it is 20.20; for supervisor in social welfare centers and implementer of educational programs and supervisor in a family placement center with a sixth level of qualification it is 17.95; for special educators in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons, children in inpatient care up to the age of three, in institutions for the accommodation of immobile and semi-mobile users, in institutions for the elderly and moderately mentally disabled and educators in institutions for children and youth with a sixth level of professional qualification it is 16.97; for educators, social workers, occupational therapists, foster care counselors in social welfare institutions for the accommodation of users and case managers with a sixth level of professional qualification it is 17.19; for caregivers in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons and children in inpatient care up to the age of three with a third level of professional qualification it is 10.87; for caregivers in institutions for the accommodation of users with autism, severe and severely impaired development, mentally ill and disabled persons and children in inpatient care up to three years of age with a second level of qualification it is 10.31; for caregivers in institutions for the accommodation of immobile and semi-mobile users, in institutions for the elderly and institutions for the moderately mentally disabled with a third level of qualification it is 10.53; the average wage of cooks, bakers, workers, porters, purchasers and warehousemen, drivers, hairdressers, work instructors, geriatric housekeepers and typists in social welfare institutions with a third level of qualification it is 10.55; for caregivers in institutions for the accommodation of immobile and semi-mobile users in institutions for the elderly and institutions for the moderately mentally disabled, barbers and geriatric housekeepers with a second level of qualification it is 10.02; for laundresses, waitresses, guards, porters, stokers, janitors in institutions for the accommodation of users with autism, moderately, severely and severely mentally disabled, mentally ill and disabled persons, children in inpatient care up to three years of age and immobile and semi-mobile users in institutions for the elderly, typists and assistant cooks, telephone operators and for jobs in a technical workshop with a second level of qualification it is 10.65; for laundresses, waitresses, guards, porters, stokers and janitors in other social welfare institutions with a second level of qualification it is 10.63; for maids in institutions for the accommodation of users with autism, moderate, severe and severely impaired mental development, mentally ill and disabled persons, children in inpatient care up to three years of age and immobile and semi-mobile users in institutions for the elderly with a first-level qualification it is 10.63; for maids in social welfare institutions for the accommodation of users with a first-level qualification it is 10.61; for maids in other social welfare institutions with a first-level qualification it is 10.59 and for manual workers 10.57, starting from the salary for March 2025.
The Decree on Amendments to the Decree further states: The coefficient for calculating and paying the salary of a graduate special educator in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons, children in inpatient care up to the age of three, in institutions for the accommodation of immobile and semi-mobile users in institutions for the elderly and institutions for the moderately impaired in mental development, educators in institutions for the education of children and youth, professional workers and educators in shelters for the urgent protection of children and youth with a seventh level of professional qualification is 21.05; for educator, social worker, special educator, psychologist, case manager, foster care counselor, pedagogue, occupational therapist, speech therapist, nutritionist and triage worker in social welfare institutions for the accommodation of beneficiaries and in social welfare centers with a seventh level of qualification it is 21.05; for supervisor in social welfare centers and implementer of educational programs and supervisor in a family placement center with a sixth level of qualification it is 18.00; for special educator in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons, children in inpatient care up to the age of three, in institutions for the accommodation of immobile and semi-mobile users, in institutions for the elderly and moderately mentally disabled and educators in institutions for children and youth with a 6th level of professional qualification it is 18.00; for educators, social workers, occupational therapists, foster care counselors in social welfare institutions for the accommodation of users, case managers with a 6th level of professional qualification it is 18.00; for caregivers in institutions for the accommodation of users with autism, severe and severely impaired mental development, mentally ill and disabled persons and children in inpatient care up to the age of three with a third and second level of professional qualification it is 11.00; The average wage of cooks, bakers, workers, porters, purchasers and warehouse workers, drivers, hairdressers, work instructors, geriatric home aide and typists in social welfare institutions with a third level qualification it is 10.73; for caregivers in institutions for the accommodation of immobile and semi-mobile users, in institutions for the elderly and institutions for the moderately mentally disabled with a third and second-level qualification it is 10.70 and for barbers and geriatric home aide with a second-level qualification is 10.70, starting from the salary for October 2025.
Given the above, it is indisputable that the Law on Social Protection stipulates that professional workers in social work centers are: a lawyer, sociologist, social worker, psychologist, pedagogue, adult educator and special pedagogue, and a special educator and a doctor in another social protection institution. Also, the Law on Labor guarantees employees equal pay for the same work or work of the same value that they perform for the employer, while work of equal value means work that requires the same level of professional qualifications, i.e. education, knowledge and skills, in which an equal work contribution is made with equal responsibility. The Commissioner points out that prescribing different coefficients for the calculation and payment of wages for work of equal value may worsen the position of employees in the social protection system, but also of beneficiaries of social protection services who are at risk of discrimination.
Given the seriousness of the problem, we would like to take this opportunity to point out that the Commissioner, through regular annual reports and special reports on the situation in the field of equality protection, constantly points out the position of employees in the social welfare system and, in particular, the importance of this system for the realization of the rights and services of the most vulnerable groups of citizens. The Commissioner particularly emphasizes the insufficient capacities of social welfare institutions to which a number of tasks have been transferred and from which, given the increased needs of citizens, an increase in the scope and types of services is required[10] . In this regard, for several years in a row, we have been recommending measures in these reports that are necessary to strengthen the capacities of social work centers, as well as other social welfare institutions, so that they can respond in a timely manner to all tasks in the field of social and family-legal protection and ensure high-quality mapping of needs, recognition of social exclusion and timely activation of all forms of support and assistance, while increasing the availability and diversity of social welfare services.
Also, in previous years, the Commissioner has constantly pointed out the importance of increasing staff capacities in these systems, which are of vital importance for citizens, on which occasion the Commissioner sent a letter to the Ministry of Labor, Employment, Veteran and Social Affairs and the Ministry of Finance. The letter to the ministries indicated that it is necessary to take all measures in mutual cooperation, within the framework of competence, to strengthen the capacity of social welfare institutions and resolve the issue of insufficient number of employees in social welfare institutions, in order to enable beneficiaries to exercise their rights and services in a smooth and timely manner in accordance with the law[11].
The above is also confirmed by the Report on the Audit of Business Purposefulness – Efficiency in the Work of Social Work Centers in Providing Social and Family-Legal Protection[12] buy the State Audit Institution, which, among other things, states that there are 141 social work centers in the Republic of Serbia, and publicly available data shows that the existing resources in this area are not adequate to provide effective social and family-legal protection. This report indicates that in recent years, significant results have not been achieved in improving the system of social and family-legal protection, strengthening the capacity of the centers, ensuring continuous training of employees, and improving the organization and management of social work centers, in order to adequately address and solve the problems and needs of beneficiaries. The audit found that, in the period 2020 – 2022, an average of eight social work centers did not have a single social worker employed, 21 centers operated without a lawyer, 17 centers without a psychologist, and 57 without a single pedagogue.[13] The Commissioner points out that in addition to institutions for housing beneficiaries, social work centers and other social welfare institutions also have the same problem, which calls into question the quality and scope of services provided, as well as quality mapping of needs, timely activation of all forms of support and assistance to vulnerable citizens, but also the improvement of support and assistance to those at risk. Namely, these are important institutions whose primary task is to provide the most important services to citizens.
The adoption of the above inequalities in the coefficients for calculating and paying salaries of employees in public services in the part of employees in social protection may lead to additional disruption of work and deepening of unequal treatment towards a significant part of employees in the social protection system, which may have several consequences. Namely, in addition to the potential increased outflow of experienced and trained employees from the system, the different treatment of employees who make an equal work contribution with equal responsibility will lead to a disincentive to work, which adversely affects the quality and volume of work in the institutions themselves and may ultimately lead to disruptions in the functioning of institutions and difficulties in exercising citizens’ rights. The Commissioner expresses particular concern about how this will affect the beneficiaries of social protection services. The beneficiaries of social protection services are the most vulnerable residents of our country, such as children, the elderly and people with disabilities. The Commissioner also specifically emphasizes the phenomenon of intersectional discrimination, where people are simultaneously at risk of discrimination on multiple grounds and for whom quality and continuous support from the social welfare system is of existential importance. Some of these groups are children with disabilities and their families, children without parental care, children from deprived backgrounds, Roma men and women, elderly people who are beneficiaries of social welfare services in the community, elderly people with disabilities, victims of domestic and intimate partner violence, people in social welfare institutions, etc.
The Commissioner for the Protection of Equality, within the scope of the competences prescribed by the Law on the Prohibition of Discrimination,[14] monitors the implementation of laws and other regulations and initiates the adoption or amendment of regulations and recommends measures to public authorities and other persons to promote equality. Considering all the above, the Commissioner calls on the Ministry of Labor, Employment, Veteran and Social Affairs to take all necessary measures and activities within its competence in order to amend and supplement the Decree on Coefficients for the Calculation and Payment of Salaries to Employees in the Public Sector in the part relating to social protection, in order to equalize the coefficient for employed professional workers in accordance with Article 136 of the Law on Social Protection, i.e., in order to comply with the legal guarantee of equal pay for the same work or work of the same value, for work that requires the same level of professional qualifications, i.e. education, knowledge and skills, in which equal work contribution with equal responsibility has been made, in accordance with the Labor Law.
The Ministry of Labor, Employment, Veteran and Social Affairs will inform the Commissioner for the Protection of Equality about the measures taken within 30 days from the date of receipt of this letter.
[1] “Official Gazette of the Republic of Serbia”, Nos. 1/2012 and 42/2013
[2] “Official Gazette of the Republic of Serbia”, Nos. 59/2008, 37/2010, 39/2011 – other regulations, 1/2012 – other regulations, 51/2019, 12/2020, 83/2022, and 10/2025
[3] “Official Gazette of the Republic of Serbia” Nos. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – CC, 113/2017, 95/2018 – Authentic interpretation
[4] Constitution of the Republic of Serbia (“Official Gazette of the Republic of Serbia”, No. 98/06)
[5] Law on the Prohibition of Discrimination (“Official Gazette of the Republic of Serbia”, No. 22/09), Article 2, paragraph 1, item 1.
[6] Decree on the ratification of the International Labor Organization Convention No. 111 concerning discrimination in respect of employment and occupation “Official Gazette of the FPRY – International Treaties and Other Agreements”, No. 3/61
[7] “Official Gazette of the Republic of Serbia” Nos. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – CC, 113/2017, 95/2018 – Authentic interpretation
[8] “Official Gazette of the Republic of Serbia”, Nos. 24/2011 and 117/2022 – CC
[9] “Official Gazette of the Republic of Serbia”, Nos. 44/2001, 15/2002 – other decree, 30/2002, 32/2002 – correction, 69/2002, 78/2002, 61/2003, 121/2003, 130/2003, 67/2004, 120/2004, 5/2005, 26/2005, 81/2005, 105/2005, 109/2005, 27/2006, 32/2006, 58/2006, 82/2006, 106/2006, 10/2007, 40/2007, 60/2007, 91/2007, 106/2007, 7/2008, 9/2008, 24/2008, 26/2008, 31/2008, 44/2008, 54/2008, 108/2008, 113/2008, 79/2009, 25/2010, 91/2010, 20/2011, 65/2011, 100/2011, 11/2012, 124/2012, 8/2013, 4/2014, 58/2014, 113/2017 – other law, 19/2021, 48/2021, 73/2023, 83/2023, 119/2023, 101/, 5/2025, 12/2025 and 13/2025
[10] Available at: https://ravnopravnost.gov.rs/rs/izvestaji/
[11] Available at: https://ravnopravnost.gov.rs/rs/misljenja-ip r eporuke-lat/preporuke-mere-organima-javne-vlasti-lat/page/11/
[12] Report on the Audit of Business Purposefulness – Efficiency in the Work of Social Work Centers in Providing Social and Family-Legal Protection, available at: https://www.dri.rs/storage/newaudits/2023-3-SV%20Efikasnost%20rada%20CSR%20u%20pruzanju%20socijalne%20i%20porodicno-pravne%20zastite.pdf
[13] Performance Audit Report – Efficiency of Social Work Centers in Providing Social and Family-Legal Protection, p. 26
[14] “Official Gazette of the Republic of Serbia”, Nos. 22/09 and 52/21, Article 33, paragraph 1, item 7, in relation to item 5.
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković
