These days, during the calculation of January salaries, citizens are in a dilemma as to whether more than a third of their earnings can be withheld, because the new Labor Law has entered into force.
According to the new law, employees can be forced to withhold up to one third of their salary. And in the accounting services, they asked for the opinion of the public enforcement officers, whether the workers, who until now had half of their salary "deducted", should now be suspended up to a third of their salary.
President of the Chamber of Public Executors Vidak Latković told "Vijesta" that the new Labor Law is the same as the previous one in that part, but it still contradicts the Law on Enforcement and Security.
Namely, the Law on Enforcement and Security stipulates that enforcement on earnings and pensions can be determined and implemented up to the amount of one half of these incomes.
Latković said that they suggested to the working group for drafting the new Labor Law that it should be harmonized, because the Chamber's position was that their law must be applied in the executive procedure.
He pointed out that citizens, as well as accountants, are in a completely "legitimate" dilemma, because the two laws are in conflict and should have been harmonized.
"We suggest that they apply the Law on Execution and Security", he said.
Latković said that there is no court practice, on the basis of which it would be clear how to act.
He explained that an employee, if more than a third of his salary is withheld, can submit a request for the elimination of irregularities, which would challenge the employer's decision in the sense that it is not in accordance with the new Labor Law and wait for the court's decision.
The coordinator of the working group for the drafting of the new Labor Law, Vesna Simović Zvicer, did not answer "Vijesta" yesterday to questions about the concerns of citizens and accounting services regarding the suspension of wages.
She said that she was "finalizing the commentary on the Labor Law, which will soon be in the press, and which will contain her opinions in relation to all solutions from the law"...
Both situations are legal
"Enforcement on earnings and pensions, as well as compensation in lieu of earnings, can be determined and implemented up to the amount of one half of these earnings. On the minimum salary that the executive debtor receives in accordance with the law, execution can be carried out up to the amount of one third of that salary", it is written in Article 103 of the Law on Execution and Security.
On the other hand, Article 106 of the Labor Law states that up to one half of an employee's earnings can be forcibly suspended for compulsory support, based on a final court decision, and for other obligations up to one third...
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