Grievance Mechanism. The LL does not foresee grievance mechanisms as mandatory practice, but provides for judicial protection of employees in case of unfair or unlawful employment relationship practices instead. Any employee may refer to trade union or other representative labor organization for help in handling any disciplinary or grievance action. The Employer should not prevent any project worker from seeking assistance or advice in such situations. The Law on Peaceful Settlement of Labor Disputes allows for settlement of both individual and collective grievances and claims arising from the employment relationship and work situations without referring to judiciary through mediation of mediators and arbiters and agreement of the parties involved. On the contrary, the Serbian legislation relating to prevention of discrimination, sexual harassment and abuse at work and combating corruption is much more specific and is aligned with the above stated requests laying out clear procedures to be followed in any case of discriminatory actions, unjust treatment or concerns over non‐compliance with the law. The above stated mechanisms provided by the Serbian legislation are considered as minimum standard to be achieved in addressing labour dissatisfaction and perceived maltreatment. Any third party employing and engaging contracted workers are expected to design and implement grievance mechanisms that will be aligned or surpass this standard ensuring an easy access to protective measures and effective remedial actions in work situations that may give rise to grievances and disputes. For direct workers employed or engaged by MAFWM, excluding civil servants, a special GM shall be conceived and housed by the PIU within MAFWM. This GM shall both serve as workplace and dispute resolution instrument for direct workers and contracted workers in case that no GM exists with the third parties employing or engaging them. Grievance mechanisms should address workplace concerns specifying procedures as to whom a project worker should lodge the grievance, the time frame for receiving a response or feedback and steps to refer to a more senior level, while allowing for transparency, confidentiality and non‐retribution practices The mechanism should foresee the procedure that at least: Specifies to whom the employee should lodge the grievance; Refers to the time frame allowed for the grievance to be dealt with; Allows the employee to refer to a more senior level within the organization if the grievance is not resolved at the lower level; Includes right to representation; Guarantees non‐retribution practice; Does not impede access to other judicial or administrative remedies that might be available under the law or through existing arbitration/dispute resolution procedures, if the grievance is not resolved within the organization; Provides for anonymous complaints to be raised and addressed. The project worker is entitled to give suggestions, remarks and information regarding health and safety at work. He/she may refuse to work if his/her life or safety is endangered or if appropriate measures for provision of health and safety at work are not in place. The project worker may express his/her concern or raise grievances to the appointed OHS officer or through the workers’ representative in the Health and Safety Council if such exists in the company. The project workers should be informed on available grievance mechanisms upon their employment or engagement. The information should be made available together with the notification on prohibition of harassment and protection of whistle blowers11. Contracted parties should demonstrate their willingness to implement these mechanisms, even if such requirement is not prescribed by any law of the domicile country. The Supervision Consultant will monitor the contractors’ recording and resolution of grievances, and report these to PIU in their monthly progress reports. The workers grievance mechanism will be described in staff induction trainings, which will be provided to all project workers. The mechanism will be based on the following principles: The process will be transparent and allow workers to express their concerns and file grievances. There will be no discrimination against those who express grievances and any grievances will be treated confidentially. Anonymous grievances will be treated equally as other grievances, whose origin is known. Management will treat grievances seriously and take timely and appropriate action in response. Information about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes”, and other means as needed. The Project workers’ grievance mechanism will not prevent workers to use conciliation procedure provided in the LL. 11 Such notification is the employer's obligation stipulated by Law on the Prevention of Harassment at the Workplace (2010), Rulebook on Conduct of Employers and Employees in Relation to Prevention and Protection from Harassment at Work (2010) and Law on Protection of Whistle Blowers (2014),
Appears in 1 contract
Sources: Labor Management Procedures
Grievance Mechanism. The LL does not foresee grievance mechanisms as mandatory practice, but provides for judicial protection of employees in case of unfair or unlawful employment relationship practices instead. Any employee may refer to trade union or other representative labor organization for help in handling any disciplinary or grievance action. The Employer should not prevent any project worker from seeking assistance or advice in such situations. The Law on Peaceful Settlement of Labor Disputes allows for settlement of both individual and collective grievances and claims arising from the employment relationship and work situations without referring to judiciary through mediation of mediators and arbiters and agreement of the parties involved. On the contrary, the Serbian legislation relating to prevention of discrimination, sexual harassment and abuse at work and combating corruption is much more specific and is aligned with the above stated requests laying out clear procedures to be followed in any case of discriminatory actions, unjust treatment or concerns over non‐compliance non-compliance with the law. The above stated mechanisms provided by the Serbian legislation are considered as minimum standard to be achieved in addressing labour dissatisfaction and perceived maltreatment. Any third party employing and engaging contracted workers are expected to design and implement grievance mechanisms that will be aligned or surpass this standard ensuring an easy access to protective measures and effective remedial actions in work situations that may give rise to grievances and disputes. For direct workers employed or engaged by MAFWM, excluding civil servants, a special GM shall be conceived and housed by the PIU PMU within MAFWM. This GM shall both serve as workplace and dispute resolution instrument for direct workers and contracted workers in case that no GM exists with the third parties employing or engaging them. Grievance mechanisms should address workplace concerns specifying procedures as to whom a project worker should lodge the grievance, the time frame for receiving a response or feedback and steps to refer to a more senior level, while allowing for transparency, confidentiality and non‐retribution non-retribution practices The mechanism should foresee the procedure that at least: Specifies to whom the employee should lodge the grievance; Refers to the time frame allowed for the grievance to be dealt with; Allows the employee to refer to a more senior level within the organization if the grievance is not resolved at the lower level; Includes right to representation; Guarantees non‐retribution non-retribution practice; Does not impede access to other judicial or administrative remedies that might be available under the law or through existing arbitration/dispute resolution procedures, if the grievance is not resolved within the organization; Provides for anonymous complaints to be raised and addressed. The project worker is entitled to give suggestions, remarks and information regarding health and safety at work. He/she may refuse to work if his/her life or safety is endangered or if appropriate measures for provision of health and safety at work are not in place. The project worker may express his/her concern or raise grievances to the appointed OHS officer or through the workers’ representative in the Health and Safety Council if such exists in the company. The project workers should be informed on available grievance mechanisms upon their employment or engagement. The information should be made available together with the notification on prohibition of harassment and protection of whistle blowers11. Contracted parties should demonstrate their willingness to implement these mechanisms, even if such requirement is not prescribed by any law of the domicile country. The Supervision Consultant will monitor the contractors’ recording and resolution of grievances, and report these to PIU PMU in their monthly progress reports. The workers grievance mechanism will be described in staff induction trainings, which will be provided to all project workers. The mechanism will be based on the following principles: The process will be transparent and allow workers to express their concerns and file grievances. There will be no discrimination against those who express grievances and any grievances will be treated confidentially. Anonymous grievances will be treated equally as other grievances, whose origin is known. Management will treat grievances seriously and take timely and appropriate action in response. Information about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes”, and other means as needed. The Project workers’ grievance mechanism will not prevent workers to use conciliation procedure provided in the LL. 11 Such notification is the employer's obligation stipulated by Law on the Prevention of Harassment at the Workplace (2010), Rulebook on Conduct of Employers and Employees in Relation to Prevention and Protection from Harassment at Work (2010) and Law on Protection of Whistle Blowers (2014),.
Appears in 1 contract
Sources: Labor Management Procedures