No. 131-22



The opinion was issued in the proceedings regarding the complaint filed by lawyer A. A. on behalf of B. B. against the Red Cross V. V. due to discrimination based on family status. The complaint stated that, after returning from maternity leave and leave from work to take care of the child, an annex to the employment contract was offered to B. B., based on which she was transferred to the position of associate for program activities. She believes that the mentioned position is below the level of complexity and the required professional qualification in comparison to the previous position of manager of financial accounting affairs and that the reason for that decision is the use of maternity leave. In its statement, the Red Cross disputed the allegations in the complaint, stating that the basis for the transfer was not causally related to the absence from work due to childbirth and childcare but that there was an objective reason. Namely, it was stated that the Red Cross hired an accounting agency to carry out these tasks, and as three employees, including the complainant, performed the entire work, she was offered another position that required the same professional qualification, while, at the same time, she earns more than at her previous position, precisely due to tasks of greater responsibility and complexity. In the statement, it was pointed out that if the employer “objected to the employee expanding her family”, they would not have tried to keep her employed by all means despite the challenges they are facing and the lack of financial resources. In the procedure, it was established that organizational changes occurred before the complainant’s return to work. From the evidence presented, it is indisputable that the accounting tasks performed by the employee before going on maternity leave were transferred to an accounting agency and that the position with the previous job description at which B. B. worked no longer exists. It was further established that, given that the previous position was terminated, the employee was transferred to another job position, which corresponds in the level and type of professional education and salary to the level and type of professional education and salary she earned before going on maternity leave and leave from work for childcare. By an insight into the job description of the position to which the complainant was transferred, it can be determined that the mentioned tasks correspond to the tasks for which the Red Cross V. V. is registered, which are in compliance with the Calendar of the most significant activities of the employer in 2022. Therefore, the Commissioner issued the opinion that the Red Cross V. V. did not violate the provisions of the Law on Prohibition of Discrimination.



Brankica Janković

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