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More than a year passed from the moment when the Law on Gender Equality ("Official Gazette of the Republic of Serbia", no. 52/2021, "Law") entered into force superseding the old one from 2009. The most important statutory obligations are targeting only employers with more than 50 employees and individuals engaged on out-of-employment basis.
Such employers are obliged to prepare and submit to the Ministry of Human and Minority Rights and Social Dialogue ("Ministry") the following set of gender equality related documentation:
Although the Law on Gender Equality entered into force in 2021, employers were not able to keep and submit the Records to the Ministry as the Ministry did not adopt bylaws prescribing template forms of the Records. For 2021, employers could only prepare the Annual Report based on the old template form from 2010. However, the Ministry has recently adopted the Rulebook on Keeping Records and Reporting on Achieving Gender Equality ("Official Gazette of the Republic of Serbia", no. 67/2022, "Rulebook"), which prescribes template forms of the Records and Annual Report.
This means that, unlike for 2021, employers can start now preparing the Records and the Annual Report (now based on new template form) for 2022, which must be submitted to the Ministry until 15 January 2023. Employers can submit both documents to the Ministry electronically at the Ministry's email address: antidiskriminacija.rodna@minljmpdd.gov.rs.
As for the Annual Plan, it must contain several mandatory elements prescribed by the Law (e.g., short assessment of current gender equality status at the employer, list of special measures aimed to achieve gender equality, manner of implementing and supervising the application of such measures, etc.), but there is no compulsory template prescribed. Employers must submit the Annual Plan to the Ministry within 15 calendar days from the day of its adoption, in the same manner as the Records and the Annual Report. If the Annual Plan is available online, the employer is obliged to provide the Ministry with the relevant link instead, within the same deadline of 15 calendar days from the day of its adoption.
Finally, employers should note that failure to comply with the aforementioned obligations in relation to the Records, the Annual Report and the Annual Plan is a misdemeanor and can result in fines of up to RSD 2,000,000 (approx. EUR 17,000), while the employer's responsible person (e.g., director) can be fined up to RSD 150,000 (approx. EUR 1,280).
