Photo: FoNet/ Ana PaunkoviฤAlthough Belgrade has introduced free public transport since the beginning of the year, this does not mean that employees lose their right to compensation for the costs of getting to and from work, according to the Ministry of Labor.
The Ministry of Labour, Employment, Veterans and Social Affairs announced in connection with free passenger transportation service in Belgrade from January 1, that employees are not automatic lost the right to compensation for transportation costs but that it is necessary to resolve the issue of the method and amount of payment of that compensation.
In the published opinion of the relevant ministry, it is stated that the Labor Law stipulates that the employee has the right to reimbursement of expenses for coming and going from work, in accordance with the general act and the contract of employment, in the amount of the price of a transport ticket in public transport, if the employer has not provided its own transport for employees that will enable them to come and go from work.
"Without entering into the manner in which the employee will come and go from work, the law defined the amount of transportation costs that the employer must compensate him and which is determined according to the price of the ticket in public transport. Namely, the law is based on the assumption that the cost of getting to and from work always exists (except when the employer organizes its own transportation), and therefore the employee should have the right to be reimbursed for this cost," the ministry's website reads.
It is emphasized that the legal criterion for determining the amount of remuneration to which the employee is entitled, in the case of free public transport, would negate the right itself, although, as it is added, when determining this norm, it was assumed that the cost always exists, except in the situation when the employer provides its own transport.
"So, the employees did not automatically lose their right to compensation for transportation costs, but the issue of the method and amount of payment of this compensation needs to be resolved." Bearing in mind all of the above, we are of the opinion that the general act and employment contract can regulate the standard for the compensation of the costs of arrival and departure from work, guided by the amount of the last paid compensation on this basis, before the newly created situation related to free transportation in the City of Belgrade", the published opinion states.
The Ministry of Labour, Employment, Veterans and Social Affairs adds that in the further development of this right, it was necessary to further regulate this matter with a general act (collective agreement and labor regulations) and labor contract.
"Practice has shown that the mentioned acts also cover the number of situations that arise in certain cases that cannot be expressly brought under the prescribed norm on the amount of this cost, for example when the work takes place in places where public transport is not organized, or when the employer agrees to compensate the costs in a higher amount than prescribed, that is, in certain cases the employer agrees through a collective agreement or employment contract or determines in the work regulations that the amount of this cost is determined in a different way, for example according to the price of fuel for a certain mileage or similar". writes in the published opinion.
Finally, the Ministry of Labour, Employment, Veterans and Social Affairs emphasizes that the Law on State Administration stipulates that the opinions of state administration bodies are not binding.
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