Law on Vocational Rehabilitation and Employment of Persons with Disabilities
Law 36/2009, 32/2013 and 14/2022 — another law, regulates work-capacity assessment and employment under general or special conditions. Apply to the National Employment Service; statutory cases may begin with pension insurance alongside a disability-pension application.
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Disability, rehabilitation and employment
This Serbian law links assessment of working capacity, vocational rehabilitation and support for obtaining or retaining employment. Assessment considers medical, social and other circumstances relevant to particular tasks. Employment under special conditions means adapting work or the workplace; it does not mean that the person cannot work or make their own decisions.
Apply for assessment to the National Employment Service, NSZ. In specified circumstances the application may accompany a disability-pension request before the pension and disability insurance organisation, PIO. The expert body supplies its assessment and NSZ issues the decision; the minister responsible for employment determines an appeal against that assessment decision. Prepare information on education, experience, job requirements and support needed, with the documentation required by the procedure. An employment assessment does not automatically establish pension entitlement.
Rehabilitation may include counselling, training, retraining and technical solutions. For example, a worker able to perform tasks using adapted equipment can check the support plan and conditions for obtaining it. A programme is different from an employment contract; labour rights and discrimination also involve related legislation. Labour inspection oversees employees’ rights within its remit, while the Tax Administration checks fulfilment of the employment obligation and corresponding payments.
Article 24 requires one worker with a disability for employers with 20–49 employees, at least two from 50, and one more for every subsequent commenced group of 50. Newly established employers have a 24-month exemption. The law provides other ways to fulfil the obligation, including payment. A quota does not guarantee an individual a particular position or remove the need to satisfy the applicable employment conditions.
The current chain is Official Gazette 36/2009, 32/2013 and 14/2022 through another law. Since 15 February 2022, only the parts of Articles 28 and 34 concerning social enterprises or organisations have ceased to apply, together with all of Article 45. Do not apply those former provisions to a new request; the current NSZ text includes annotations identifying their cessation.
Avangarda’s informative overview uses editorial, not official, translations. For an individual case, check the current legislation and seek qualified legal help where necessary.
What is this for?
Explains work-capacity assessment, support and employer obligations.
Who can use it?
Persons with disabilities, employers, the employment service and competent authorities.
When should it be used?
For assessment, rehabilitation and checking employment obligations.