OPINION

The opinion was issued in the proceedings regarding the complaint of A.A. against the company B.B., due to discrimination on the grounds of age. The complaint states, among other things, that the complainant was employed by the company B.B. from August 2018. It is further stated that she applied for the position of manager for the retail facility in Jajinci, as well as that she was on a training at the Training Center in Zrenjanin. It was added that she never had training as younger colleagues, that her salary was never increased as with her younger colleagues, and that she was not promoted as her younger colleagues were. In the statement of the company B.B., among other things, it is stated that the complainant entered into an employment contract with the company B.B. for the job of a salesman of class II, and in the said period earned the basic salary provided for all employees who perform this job. It is stated that the salary of employees depends on the agreed basic salary and the statutory parameters for increasing wages, that is, corrective parameters provided by the Rulebook on employment and the employment contract, which are equal for all employees who perform the same job in the company, and that therefore the allegations of the complainant that only younger colleagues had their salaries increased are incorrect. It was added that in practice, although she completed the training for a manager, A.A. could not perform this job in the retail facility on her own (she had particular difficulties working on a computer), which is why she was assigned to the following job: senior salesman. In the proceedings it was determined that B.B. has about 2,375 employees, of which 46 employees are over the age of 60, 403 employees are between 50 and 60 years old, while 15 employees are assigned to managerial positions who are approximately of the same age as the complainant. The complainant was offered to attend training for the managerial job, after which she took a test of independence in performing the managerial job in a retail facility. The complainant did not pass the independence test. A passed test of independence in performing the job of manager is a prerequisite for the placement of employees to perform this job. By analyzing the complaint, the statement, as well as by insight into the evidence and facts, it can be concluded that the treatment of A.A. by the employer, in this particular case, is not causally related to her age. The Commissioner for the Protection of Equality gave the opinion that the company B.B. did not discriminate against A.A. based on her age, that is, that it did not violate the provisions of the Law on Prohibition of Discrimination.  

COMMISSIONER FOR THE PROTECTION OF EQUALITY

 Brankica Janković