The Commissioner for the Protection of Equality has submitted a proposal to the Constitutional Court, as an authorized petitioner, requesting an urgent review of the constitutionality and legality of certain provisions of Special Collective Agreement for Employees in Primary and Secondary Schools and Student Dormitories, arguing that they undermine equality before the law for employees. Just because an employee holds a membership card of a specific trade union that signed the Special Collective Agreement does not mean that their years of service should be worth more, stated Commissioner Brankica Janković, following complaints submitted by several associations and education workers.

According to amendments to the Special Collective Agreement for employees in primary and secondary schools and student dormitories, signed at the beginning of 2025, members of the representative trade union that is a signatory to the agreement are entitled to a severance payment equal to three times their last paid salary upon retirement, whereas non-members are entitled to two average salaries. Additionally, members of the representative trade unions are entitled to a jubilee award 50% higher than that granted to non-members.

Considering the purpose of collective negotiating on behalf of all employees, the nature and essence of severance and jubilee awards, and the fact that these payments are financed from local government budgets and not from union funds, the amounts employees receive on these grounds should not be in any way linked to personal attributes—such as membership in a political, trade union, or other organization. The Constitution and laws explicitly prohibit discrimination or unequal treatment of employees based on such affiliations, and a review of all relevant regulations confirms that there is no rational basis for varying the scope of rights based on union membership, the Commissioner noted in the proposal.

The proposal also highlighted that these controversial provisions could influence employees to join certain unions solely for financial benefits, thereby making other unions less competitive.

If these provisions remain in effect, a precedent would be set, allowing negotiating participants to negotiate different benefits based on union membership for other basic employment rights—such as funeral cost compensation in the event of the death of a close family member, or compensation for workplace injuries or occupational diseases, Janković concluded.