Naziv propisa EUUredba Saveta 2011/492/EZ od 5. aprila 2011 o slobodi kretanja radnika u Uniji Službeni glasnik L 141 , 05/04/2011 str. 0001 – 0012Council Regulation 2011/492/EC of 5 April 2011 on freedom of movement of workers within the Union Official Journal L 141 , 05/04/2011 P. 0001 – 0012 CELEX oznaka EU propisa32011R0492 Organ državne uprave, odnosno drugi ovlašćeni predlagač propisa – VladaObrađivač – Ministarstvo za rad, zapošljavanje, boračka i socijalna pitanja datum izrade tabele22.09.2014. godine Naziv (važećeg, nacrta, predloga) propisa čije odredbe su predmet analize usklađenosti sa propisom EUPredlog zakona o zapošljavanju stranaca Draft Law on Employment of Foreigners Brojčane oznake (šifre) planiranih propisa iz baze NPI2012-585 Usklađenost odredaba propisa sa odredbama propisa EU a) a1) b) b1) v) g) d) đ) Odredba propisa EU (član, stav, podstav, tačka, aneks) Sadržina odredbe Odredbe propisa (član, stav, tačka) Sadržina odredbe Usklađenost odredbe propisa sa odredbom propisa EU (potpuno usklađeno, delimično usklađeno, neusklađeno, neprenosivo) Razlozi za delimičnu usklađenost, neusklađenost ili neprenosivost Predviđeni datum za postizanje potpune usklađenosti Napomena o usklađenosti propisa sa propisima EU 1. 1. Any national of a Member State shall, irrespective of his place of residence, have the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State. 2. He shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State. 5.1 Pravo na slobodan pristup tržištu rada u Republici, odnosno na zapošljavanje, samozapošljavanje i ostvarivanje prava za slučaj nezaposlenosti, osim ako međunarodnim ugovorom koji obavezuje Republiku nije predviđeno drugačije, imaju:1)državljani EU; 2) članovi porodice državljana iz tačke 1) ovog stava, koji nisu državljani EU i imaju odobrenje za privremeni boravak za članove porodice ili stalno nastanjenje u tim državama kojim dokazuju svoje pravo na slobodan pristup tržištu rada. Potpuno usklađeno 2. Any national of a Member State and any employer pursuing an activity in the territory of a Member State may exchange their applications for and offers of employment, and may conclude and perform contracts of employment in accordance with the provisions in force laid down by law, regulation or administrative action, without any discrimination resulting therefrom. Neusklađeno Ova materija je predmet regulisanja drugog propisa 3. 1. Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply: (a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or (b) where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered. The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled. 2. There shall be included in particular among the provisions or practices of a Member State referred to in the first subparagraph of paragraph 1 those which: (a) prescribe a special recruitment procedure for foreign nationals; (b) limit or restrict the advertising of vacancies in the press or through any other medium or subject it to conditions other than those applicable in respect of employers pursuing their activities in the territory of that Member State; (c) subject eligibility for employment to conditions of registration with employment offices or impede recruitment of individual workers, where persons who do not reside in the territory of that State are concerned. Neusklađeno Ova materija je predmet regulisanja drugog propisa 4.1 1. Provisions laid down by law, regulation or administrative action of the Member States which restrict by number or percentage the employment of foreign nationals in any undertaking, branch of activity or region, or at a national level, shall not apply to nationals of the other Member States. 24. Vlada odlukom može da ograniči broj stranaca kojima se izdaju dozvole za rad (u daljem tekstu: kvota) u slučaju poremećaja na tržištu rada, u skladu sa migracionom politikom i stanjem i kretanjem na tržištu rada.Kvota se utvrđuje na predlog ministarstva nadležnog za poslove zapošljavanja uz prethodno pribavljeno mišljenje socijalno-ekonomskog saveta osnovanog za teritoriju Republike i organizacije nadležne za poslove zapošljavanja.Kvota se ne primenjuje na stranca, odnosno poslodavca koji zapošljava stranca a podnosi zahtev za: ličnu radnu dozvolu, osim lične radne dozvole koja se izdaje na zahtev posebne kategorije stranca; radnu dozvolu za kretanje u okviru privrednog društva. Delimično usklađeno Zakon je ostavio mogućnost da Vlada svojom odlukom o određivanju kvote izuzme državljane EU 4.2 2. When in a Member State the granting of any benefit to undertakings is subject to a minimum percentage of national workers being employed, nationals of the other Member States shall be counted as national workers, subject to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1). Neusklađeno Ova materija je predmet regulisanja drugog propisa 5. A national of a Member State who seeks employment in the territory of another Member State shall receive the same assistance there as that afforded by the employment offices in that State to their own nationals seeking employment. 4. Stranac koji se zapošljava u Republici u skladu sa ovim zakonom, ima jednaka prava i obaveze u pogledu rada, zapošljavanja i samozapošljavanja kao i državljani Republike, ako su ispunjeni uslovi u skladu sa zakonom. Stranac se smatra nezaposlenim u skladu sa propisima o zapošljavanju i osiguranju za slučaj nezaposlenosti i ostvaruje jednaka prava kao državljani Republike ako su ispunjeni uslovi u skladu sa ovim zakonom. Potpuno usklađeno 6. 1. The engagement and recruitment of a national of one Member State for a post in another Member State shall not depend on medical, vocational or other criteria which are discriminatory on grounds of nationality by comparison with those applied to nationals of the other Member State who wish to pursue the same activity. 2. A national who holds an offer in his name from an employer in a Member State other than that of which he is a national may have to undergo a vocational test, if the employer expressly requests this when making his offer of employment. Neusklađeno Ova materija je predmet regulisanja drugog propisa 7. 1. A worker who is a national of a Member State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuneration, dismissal, and, should he become unemployed, reinstatement or re-employment. 2. He shall enjoy the same social and tax advantages as national workers. 3. He shall also, by virtue of the same right and under the same conditions as national workers, have access to training in Vocational schools and retraining centres. 4. Any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment, remuneration and other conditions of work or dismissal shall be null and void in so far as it lays down or authorizes discriminatory conditions in respect of workers who are nationals of the other Member States. Neusklađeno Ova materija je predmet regulisanja drugog propisa 8. A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy equality of treatment as regards membership of trade unions and the exercise of rights attaching thereto, including the right to vote and to be eligible for the administration or management posts of a trade union. He may be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law. Furthermore, he shall have the right of eligibility for workers’ representative bodies in the undertaking. The first paragraph of this Article shall not affect laws or regulations in certain Member States which grant more extensive rights to workers coming from the other Member States. Neusklađeno Ova materija je predmet regulisanja drugih propisa 9. 1. A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy all the rights and benefits accorded to national workers in matters of housing, including ownership of the housing he needs. 2. A worker referred to in paragraph 1 may, with the same right as nationals, put his name down on the housing lists in the region in which he is employed, where such lists exist, and shall enjoy the resultant benefits and priorities. If his family has remained in the country whence he came, they shall be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption. Neusklađeno Ova materija je predmet regulisanja drugih propisa 10. The children of a national of a Member State who is or has been employed in the territory of another Member State shall be admitted to that State’s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State, if such children are residing in its territory. Member States shall encourage all efforts to enable such children to attend these courses under the best possible conditions. Neusklađeno Ova materija je predmet regulisanja drugih propisa 11. 1. The Member States or the Commission shall instigate or together undertake any study of employment or unemployment which they consider necessary for freedom of movement for workers within the Union. The central employment services of the Member States shall cooperate closely with each other and with the Commission with a view to acting jointly as regards the clearing of vacancies and applications for employment within the Union and the resultant placing of workers in employment.To this end the Member States shall designate specialist services which shall be entrusted with organizing work in the fields referred to in the second subparagraph of paragraph 1 and cooperating with each other and with the departments of the Commission. The Member States shall notify the Commission of any change in the designation of such services and the Commission shall publish details thereof for information in the Official Journal of the European Union. Neusklađeno Ova materija je predmet regulisanja drugih propisa 12. 1. The Member States shall send to the Commission information on problems arising in connection with the freedom of movement and employment of workers and particulars of the state and development of employment. 2. The Commission, taking the utmost account of the opinion of the Technical Committee referred to in Article 29 (‘the Technical Committee’), shall determine the manner in which the information referred to in paragraph 1 of this Article is to be drawn up. 3. In accordance with the procedure laid down by the Commission taking the utmost account of the opinion of the Technical Committee, the specialist service of each Member State shall send to the specialist services of the other Member States and to the European Coordination Office referred to in Article 18 such information concerning living and working conditions and the state of the labour market as is likely to be of guidance to workers from the other Member States. Such information shall be brought up to date regularly. The specialist services of the other Member States shall ensure that wide publicity is given to such information, in particular by circulating it among the appropriate employment services and by all suitable means of communication for informing the workers concerned. Neusklađeno Ova materija je predmet regulisanja drugih propisa 13. 1. The specialist service of each Member State shall regularly send to the specialist services of the other Member States and to the European Coordination Office referred to in Article 18: (a) details of vacancies which could be filled by nationals of other Member States; (b) details of vacancies addressed to third countries; (c) details of applications for employment by those who have formally expressed a wish to work in another Member State; (d) information, by region and by branch of activity, on applicants who have declared themselves actually willing to accept employment in another country. The specialist service of each Member State shall forward this information to the appropriate employment services and agencies as soon as possible. 2. The details of vacancies and applications referred to in paragraph 1 shall be circulated according to a uniform system to be established by the European Coordination Office referred to in Article 18 in collaboration with the Technical Committee. This system may be adapted if necessary. Neusklađeno Ova materija je predmet regulisanja drugih propisa 14. 1. Any vacancy within the meaning of Article 13 communicated to the employment services of a Member State shall be notified to and processed by the competent employment services of the other Member States concerned. Such services shall forward to the services of the first Member State the details of suitable applications. 2. The applications for employment referred to in point (c) of the first subparagraph of Article 13(1) shall be responded to by the relevant services of the Member States within a reasonable period, not exceeding 1 month. 3. The employment services shall grant workers who are nationals of the Member States the same priority as the Relevant measures grant to nationals vis-à-vis workers from third countries. Neusklađeno Ova materija je predmet regulisanja drugih propisa 15. 1. The provisions of Article 14 shall be implemented by the specialist services. However, in so far as they have been authorised by the central services and in so far as the organisation of the employment services of a Member State and the placing techniques employed make it possible: (a) the regional employment services of the Member States shall: (i) on the basis of the information referred to in Article 13, on which appropriate action will be taken, directly bring together and clear vacancies and applications for employment;(ii) establish direct relations for clearance: — of vacancies offered to a named worker, — of individual applications for employment sent either to a specific employment service or to an employer pursuing his activity within the area covered by such a service, — where the clearing operations concern seasonal workers who must be recruited as quickly as possible; (b) the services territorially responsible for the border regions of two or more Member States shall regularly exchange data relating to vacancies and applications for employment in their area and, acting in accordance with their arrangements with the other employment services of their countries, shall directly bring together and clear vacancies and applications for employment. If necessary, the services territorially responsible for border regions shall also set up cooperation and service structures to provide: — users with as much practical information as possible on the various aspects of mobility, and — management and labour, social services (in particular public, private or those of public interest) and all institutions concerned, with a framework of coordinated measures relating to mobility, (c) official employment services which specialise in certain occupations or specific categories of persons shall cooperate directly with each other. 2. The Member States concerned shall forward to the Commission the list, drawn up by common accord, of services referred to in paragraph 1 and the Commission shall publish such list for information, and any amendment thereto, in the Official Journal of the European Union. Neusklađeno Ova materija je predmet regulisanja drugih propisa 16. Adoption of recruiting procedures as applied by the implementing bodies provided for under agreements concluded between two or more Member States shall not be obligatory. Neusklađeno Ova materija je predmet regulisanja drugog propisa 17. 1. On the basis of a report from the Commission drawn up from information supplied by the Member States, the latter and the Commission shall at least once a year analyse jointly the results of Union arrangements regarding vacancies and applications. 2. The Member States shall examine with the Commission all the possibilities of giving priority to nationals of Member States when filling employment vacancies in order to achieve a balance between vacancies and applications for employmentn within the Union. They shall adopt all measures necessary for this purpose. 3. Every 2 years the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of Chapter II, summarising the information required and the data obtained from the studies and research carried out and highlighting any useful points with regard to developments on the Union’s labour market. Neusklađeno Ova materija je predmet regulisanja drugog propisa 18. The European Office for Coordinating the Clearance of Vacancies and Applications for Employment (‘the European Coordination Office’), established within the Commission, shall have the general task of promoting vacancy clearance at Union level. It shall be responsible in particular for all the technical duties in this field which, under the provisions of this Regulation, are assigned to the Commission, and especially for assisting the national employment services. It shall summarise the information referred to in Articles 12 and 13 and the data arising out of the studies and research carried out pursuant to Article 11, so as to bring to light any useful facts about foreseeable developments on the Union labour market; such facts shall be communicated to the specialist services of the Member States and to the Advisory Committee referred to in Article 21 and the Technical Committee. Neusklađeno Ova materija je predmet regulisanja drugog propisa 19. 1. The European Coordination Office shall be responsible, in particular, for: (a) coordinating the practical measures necessary for vacancy clearance at Union level and for analysing the resulting movements of workers; (b) contributing to such objectives by implementing, in cooperation with the Technical Committee, joint methods of action at administrative and technical levels;(c) carrying out, where a special need arises, and in agreement with the specialist services, the bringing together of vacancies and applications for employment for clearance by those specialist services. 2. It shall communicate to the specialist services vacancies and applications for employment sent directly to the Commission, and shall be informed of the action taken thereon. Neusklađeno Ova materija je predmet regulisanja drugog propisa 20. The Commission may, in agreement with the competent authority of each Member State, and in accordance with the conditions and procedures which it shall determine on the basis of the opinion of the Technical Committee, organise visits and assignments for officials of other Member States, and also advanced programmes for specialist personnel. Neusklađeno Ova materija je predmet regulisanja drugog propisa 21. The Advisory Committee shall be responsible for assisting the Commission in the examination of any questions arising from the application of the Treaty on the Functioning of the European Union and measures taken in pursuance thereof, in matters concerning the freedom of movement of workers and their employment. Neusklađeno Ova materija je predmet regulisanja drugog propisa 23. 1. The Advisory Committee shall be composed of six members for each Member State, two of whom shall represent the Government, two the trade unions and two the employers’ associations. 2. For each of the categories referred to in paragraph 1, one alternate member shall be appointed by each Member State. 3. The term of office of the members and their alternates shall be 2 years. Their appointments shall be renewable. On expiry of their term of office, the members and their alternates shall remain in office until replaced or until their appointments are renewed. Neusklađeno Ova materija je predmet regulisanja drugog propisa 24. The members of the Advisory Committee and their alternates shall be appointed by the Council, which shall endeavour, when selecting representatives of trade unions and employers’ associations, to achieve adequate representation on the Committee of the various economic sectors concerned. The list of members and their alternates shall be published by the Council for information in the Official Journal of the European Union. Neusklađeno Ova materija je predmet regulisanja drugog propisa 25. The Advisory Committee shall be chaired by a member of the Commission or his representative. The Chairman shall not vote. The Committee shall meet at least twice a year. It shall be convened by its Chairman, either on his own initiative, or at the request of at least one third of the members. Secretarial services shall be provided for the Committee by the Commission. Neusklađeno Ova materija je predmet regulisanja drugog propisa 26. The Chairman may invite individuals or representatives of bodies with wide experience in the field of employment or movement of workers to take part in meetings as observers or as experts. The Chairman may be assisted by expert advisers. Neusklađeno Ova materija je predmet regulisanja drugog propisa 27. 1. An opinion delivered by the Advisory Committee shall not be valid unless two thirds of the members are present. 2. Opinions shall state the reasons on which they are based; they shall be delivered by an absolute majority of the votes validly cast; they shall be accompanied by a written statement of the views expressed by the minority, when the latter so requests. Neusklađeno Ova materija je predmet regulisanja drugog propisa 28. The Advisory Committee shall establish its working methods by rules of procedure which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. The entry into force of any amendment that the Committee decides to make thereto shall be subject to the same procedure. Neusklađeno Ova materija je predmet regulisanja drugog propisa 29. The Technical Committee shall be responsible for assisting the Commission in the preparation, promotion and follow-up of all technical work and measures for giving effect to this Regulation and any supplementary measures. Neusklađeno Ova materija je predmet regulisanja drugog propisa 30. The Technical Committee shall be responsible in particular for: (a) promoting and advancing cooperation between the public authorities concerned in the Member States on all technical questions relating to freedom of movement of workers and their employment; (b) formulating procedures for the organisation of the joint activities of the public authorities concerned; (c) facilitating the gathering of information likely to be of use to the Commission and the undertaking of the studies and research provided for in this Regulation, and encouraging exchange of information and experience between the administrative bodies concerned; (d) investigating at a technical level the harmonisation of the criteria by which Member States assess the state of their labour markets. Neusklađeno Ova materija je predmet regulisanja drugog propisa 31. 1. The Technical Committee shall be composed of representatives of the Governments of the Member States. Each Government shall appoint as member of the Technical Committee one of the members who represent it on the Advisory Committee. 2. Each Government shall appoint an alternate from among its other representatives — members or alternates — on the Advisory Committee. Neusklađeno Ova materija je predmet regulisanja drugog propisa 32. The Technical Committee shall be chaired by a member of the Commission or his representative. The Chairman shall not vote. The Chairman and the members of the Committee may be assisted by expert advisers. Secretarial services shall be provided for the Committee by the Commission. Neusklađeno Ova materija je predmet regulisanja drugog propisa 33. The proposals and opinions formulated by the Technical Committee shall be submitted to the Commission, and the Advisory Committee shall be informed thereof. Any such proposals and opinions shall be accompanied by a written statement of the views expressed by the various members of the Technical Committee, when the latter so request. Neusklađeno Ova materija je predmet regulisanja drugog propisa 34. The Technical Committee shall establish its working methods by rules of procedure which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. The entry into force of any amendment which the Committee decides to make thereto shall be subject to the same procedure. Neusklađeno Ova materija je predmet regulisanja drugog propisa 35. The rules of procedure of the Advisory Committee and of the Technical Committee in force on 8 November 1968 shall continue to apply. Neprenosivo 36. 1. This Regulation shall not affect the provisions of the Treaty establishing the European Atomic Energy Community which deal with eligibility for skilled employment in the field of nuclear energy, nor any measures taken in pursuance of that Treaty. Nevertheless, this Regulation shall apply to the category of workers referred to in the first subparagraph and to members of their families in so far as their legal position is not governed by the above-mentioned Treaty or measures. 2. This Regulation shall not affect measures taken in accordance with Article 48 of the Treaty on the Functioning of the European Union.3. This Regulation shall not affect the obligations of Member States arising out of special relations or future agreements with certain non-European countries or territories, based on institutional ties existing on 8 November 1968, or agreements in existence on 8 November 1968 with certain non-European countries or territories, based on institutional ties between them. Workers from such countries or territories who, in accordance with this provision, are pursuing activities as employed persons in the territory of one of those Member States may not invoke the benefit of the provisions of this Regulation in the territory of the other Member States. Neprenosivo 37. Member States shall, for information purposes, communicate to the Commission the texts of agreements, conventions or arrangements concluded between them in the manpower field between the date of their being signed and that of their entry into force. Neprenosivo 38. The Commission shall adopt measures pursuant to this Regulation for its implementation. To this end it shall act in close cooperation with the central public authorities of the Member States. Neprenosivo 39. The administrative expenditure of the Advisory Committee and of the Technical Committee shall be included in the general budget of the European Union in the section relating to the Commission. Neprenosivo 40. This Regulation shall apply to the Member States and to their nationals, without prejudice to Articles 2 and 3. Neprenosivo 41. Regulation (EEC) No 1612/68 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Neprenosivo 42. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Neprenosivo
