12.09.2022

HOW MUCH IS PAYABLE FOR THE FULFILLMENT OF PUBLIC AND OTHER OBLIGATIONS?

The Labor Code expressly provides for several cases in which the worker or employee performs civil or public duties that are outside of his duties under the employment relationship. Their implementation usually coincides with his working hours, which is why he has to be absent from work. For these days, according to the Labor Code, the worker or employee has the right to leave from the employer and the employer is obliged to release him from the performance of his work duties.

Civil or public obligations within the meaning of the Labor Code are:

• to appear before the judicial authorities or other state bodies
• for participation in a meeting as a member of a representative state body
• to participate in a court hearing as a juror in criminal cases
• to participate in a meeting as a member of a special negotiating body, as a member of a European works council or a representative body in a European commercial or cooperative society.

Leave for these activities is used regardless of paid annual leave and unpaid annual leave. Their use does not require a specific prior work experience.

The payment of these leaves varies depending on the legal basis and the type of leave granted for it.

When the worker or employee is subpoenaed by a judicial authority or by another state body, it is paid according to the procedural capacity in which the worker or employee is subpoenaed. If summoned as a party, no fee is due. If he is called as an expert - he is owed a fee by the party to the dispute that requested the expertise, or at the expense of the budget of the judiciary. If he is called as a witness - he is owed a fee that is determined by the court - at the expense of the party to the dispute that requested his summoning, and when the witness is called by the court - his fee is determined by the court and is at the expense of the budget of the judiciary.

For participation in a meeting as a member of a representative state body, the remuneration is determined in the Law on Local Self-Government and Local Administration.

The remuneration of jurors is regulated in Ordinance No. 1 of 02.03.2011 for jurors.

The remuneration of employees for participation in the meetings of the special negotiating body, as a member of the European Works Council or of a representative body in a European commercial or cooperative company is paid by the employer in accordance with the procedure for determining the remuneration for the use of paid annual leave.

Reference:

Art. 157 of the Labor Code