Law on Gender Equality (2009)

Unofficial translation

THE LAW
ON GENDER EQUALITY


I. GENERAL PROVISIONS

Scope of the Law

Article 1


This law prescribes the establishment of equal opportunities to accomplish rights and obligations, undertaking of special measures to prevent and eliminate gender-based discrimination and the procedure of legal protection of persons exposed to discrimination.

Respect for International Standards and Constitutional Guarantee

Article 2

Gender equality means equal participation of women and men in all fields of public and private sector, in accordance with generally accepted rules of international law, recognized international treaties, the Constitution of the Republic of Serbia (hereinafter: the Constitution) and laws, which are to be respected by all.
Gender equality is guaranteed in accordance with the generally accepted rules of international law, the recognized international treaties, the Constitution and laws.
The provisions of this law may not be interpreted in the manner that might cause abolishment or limitation of some existing right established by another regulation.
The state authorities, the authorities of the autonomous provinces, the authorities of self-government units, organizations entrusted with the exercise of public powers, as well as the legal entities established or financed in full, or mostly by the Republic of Serbia, the autonomous province and the self-government unit (hereinafter: public power bodies) are obliged to monitor the accomplishment of gender-based equality in all fields of social life, the application of international standards and the rights guaranteed by the Constitution in this field.

Policy of Equal Opportunities

Article 3


The public power bodies conduct an active policy of equal opportunities in all fields of social life.
The policy of equal opportunities means the accomplishment of gender equality in all stages of planning, decision-making and implementation of decisions, which are of influence on the status of women and men.

Discrimination

Article 4

Gender-based discrimination is any unjustified differentiation or unequal treatment or failure to treat (exclusion, restriction or prioritizing) aimed at hindering, jeopardizing, preventing or denying exercising or enjoyment of human rights and freedoms to a person or a group of persons in the area of politics, economy, social, cultural, civil, family life or any other area.
It is also considered discrimination if a person is unjustifiably treated or might be treated in worse manner than another person, explicitly or mainly because such person is seeking or intends to seek legal protection against discrimination or if a person offered or intends to offer evidence of discriminatory treatment.
Unjustified distinction, exclusion, limitation and treatment or other undertaken measures, within the meaning of this law, include in particular, if:
1) An undertaken measure is not justified by a lawful or legitimate aim;
2) There is no proportion between the actions undertaken and the aim to be achieved by such actions.

Direct Discrimination

Article 5

Direct discrimination is any unjustified distinction, exclusion or limitation by which, under the same or similar circumstances, by any act or action of the public power bodies, the employer or the provider of services, some person or a group of persons are placed or were placed in a subordinate position, namely, by which they might be placed in a gender-wise subordinate position.

Indirect Discrimination

Article 6

Indirect discrimination is any unjustified distinction, exclusion or limitation by which, under the same or similar circumstances, a person or a group of persons are placed in a subordinate position gender-wise as the personal capacity, by adopting an act or performing an action that are apparently based on the principle of equality and non-discrimination.

Special Measures to Accomplish Gender Equality

Article 7

It is not considered discrimination or violation of the principle of equal rights and obligations if some special measures are adopted in order to eliminate and prevent an unequal status of women and men and accomplish equal opportunities of both sexes.

Article 8
No person may suffer harmful consequences because the person gave a testimony as a witness or a victim of gender-based discrimination before the competent body or warned the public of a case of discrimination.

General Prohibition of Abuse of Rights

Article 9

It is prohibited to exercise the rights prescribed by this law contrary to the aim they had been recognized for or with the intention to violate or limit the rights of another or to cause serious consequences for security, public order or ethics.

Definition of Terms

Article 10

Certain terms, within the meaning of this law, have the following meaning:
1) Sex relates to biological features of a person;
2) Gender is a term meaning socially established roles, position and status of women and men in public and private lives out of which, due to social, cultural and historic differences, discrimination ensues on the basis of biologically belonging to a sex.
3) Special measure is a measure of provisional nature aimed to abolish inequality and accelerate and achieve full gender equality in practice;
4) Equal opportunities mean respect for and accomplishment of human rights based on the gender in all fields of social life and an opportunity to use equally the results deriving from the development of the society;
5) Gender-based violence is the conduct jeopardizing corporal integrity, mental health or peace of mind, or causing pecuniary damage to a person, as well as a serious threat because of such a conduct, which prevents or limits a person in enjoyment of rights and freedoms based on the principle of gender equality;
6) Harassment means any unwanted verbal, non-verbal or physical act, committed with the aim or which has as the consequence a violation of dignity and cause of fear or establishment of unfriendly, humiliating, degrading or insulting environment, gender-based;
7) Sexual harassment means any unwanted verbal, non-verbal or physical act of sexual nature, committed with the aim or which has as the consequence a violation of personal dignity, establishment of intimidating, unfriendly, humiliating, degrading or insulting environment, gender-based;
8) Sexual blackmail means any conduct of the responsible person who, with the intention to seek services of sexual nature, blackmails another person that certain data will be disclosed against such a person or against someone close to such a person or that may harm her or his honor or reputation in case he/she rejects to render the requested services;
9) Employer means a legal entity or natural person employing, namely engaging one or several persons to work, except for the public power bodies;
10) Provider of services means any natural person or any legal entity that provides certain services within the competences prescribed by law to other natural persons and legal entities, or the services prescribed by the articles of association of the provider of services.
Terms used in this law to indicate positions, professions or occupations, stated in the grammatical male gender shall imply the natural male or female gender of the persons they relate to.

II. EMPLOYMENT, SOCIAL AND HEALTH CARE
Equal Opportunities
Article 11

Any employer is obliged to provide to employees, regardless of their sex, equal opportunities and treatment, in relation to the accomplishment of rights resulting from employment and work-related rights, in accordance with the relevant labor law.
The following shall not be considered discrimination or violation of the principle of equal opportunities:
1) Special measures to increase employment and employment possibilities of the less employed sex;
2) Special measures to increase the participation of the less represented sex in professional training and provision of equal opportunities for advancement;
3) Other special measures, established in accordance with the law.
Records and Documentation Related to Sex Structure of Employees

Article 12

Any employer is obliged to keep records on the sex structure of employees in accordance with the law prescribing record keeping in the field of labor and to disclose the data contained in those records to the labor inspection and to the body in charge of gender equality, in the manner and in accordance with the law regulating the protection of personal data.
The data and information related to the sex structure of employees are processed and recorded as statistical data and information.
Plan of Measures to Eliminate or Mitigate Unequal Gender Representation and Implementation Report

Article 13

An employer who employees more than 50 persons for an indefinite period of time is obliged to adopt a plan of measures to eliminate or mitigate unequal gender representation for each calendar year, not later than by 31 January of each year.
The employer is obliged to prepare an annual report on the implementation of the plan of measures referred to in paragraph 1 of this Article not later than by 31 January of the current year for the previous year.
The plan of measures and the report referred to in paragraphs 1 and 2 of this Article must be submitted by the employer to the ministry in charge of issues concerning gender equality.
The contents and the method of submission of the plan of measures and the report referred to in paragraphs 1 and 2 of this Article are to be defined by the minister in charge of issues concerning gender equality.

Equal Access to Jobs and Positions

Article 14

 If representation of the less represented sex in an organizational unit at managing positions and within the management and supervisory bodies is under 30%, the public power authorities should implement affirmative action measures according to the Law on Civil Servants and Law on Public Administration.

Employment and Hiring to Work

Article 15

 On the occasion of public advertising of jobs and conditions for their performance and selection of persons seeking employment in order to get a job or be hired to work on some other basis, it is not allowed to make any gender-based differences, unless there are justified reasons established in accordance with law that governs labor. 

Job Assignment and Advancement

Article 16

 Gender must not be any barrier to promotion at work.
 The absence from work because of pregnancy and parenthood must not be any barrier to promotion to a higher rank, advancement or professional training.
 The absence from work because of pregnancy and parenthood must not be the ground for assigning a person to inadequate job and terminate the employment contract in accordance with the law regulating labor.
Equal Remuneration for Same Work or Work of Equal Value

Article 17
Employees, regardless of their sex, accomplish the right to equal remuneration with the employer for the same work or the work of equal value, in accordance with the law governing labor.

Harassment, Sexual Harassment and Sexual Blackmail

Article 18

Harassment, sexual harassment or sexual blackmail at work or related to work, which is committed by the employees to other employee are considered violation of duties at work as the grounds to terminate the employment contract, namely to pronounce the measure of termination of employment, as well as the grounds to expel the employee from work.
An employee shall inform the employer in writing about the circumstances indicating his/her exposure to harassment, sexual harassment or sexual blackmail and request efficient protection.

Vocational Training and Training

Article 19

Within each cycle of vocational training or training the employer shall make sure that representation of the sexes reflects, to a highest possible degree, the sex structure of employees with that employer or in the organizational unit for which the training is being conducted and report accordingly in the Annual Report referred to in Article 13, paragraph 2 of this Law.

Termination of Employment and Hiring to Work

Article 20

 The initiation of proceedings by an employee for gender-based discrimination, harassment, sexual harassment or sexual blackmail may not be considered a justified reason to terminate the employment contract, discontinue the employment or other (contracted) work-based relation. They may neither be justified grounds to declare an employee redundant in accordance with the regulations governing labor.

Collective Negotiations

Article 21

Trade unions and associations of employers should make efforts to ensure that 30% of the representatives of the less represented gender are included in the committees to hold negotiations in compliance with the law regulating labor, namely, the number of representatives of less represented gender proportional to the participation of that particular gender in the membership of trade unions and associations of employers.

Promotion of Employment

Article 22
 The agency in charge of employment issues ensures equal availability of jobs and equality in the employment procedure of both sexes.
 Promotion of employment and self-employment of the less represented sex is not contrary to the principle referred to in paragraph 1 of this Article.
 The agency in charge of employment issues shall promote employment and self-employment of the less represented sex by including a larger number of persons of that particular sex in some active employment policy measures.
 The measures of active employment policy ensure: affirmation of equal opportunities at the labor market, career guidance, professional information, counseling and individual employment plan, additional education and training, other activities aimed at promotion of self-employment and employment of the less represented sex.

Social Care
Article 23

 Gender-based discrimination is prohibited on the occasion of accomplishment and enjoyment of rights in the area of social care, regardless of the subjects arranging or implementing this care.
 In order to improve the financial standing of self-supporting and unemployed parents allocation of budgetary funds shall be effectuated at the level of the Republic of Serbia, the autonomous province and self-government units pursuant to law.

Health Care
Article 24

Gender-based discrimination is prohibited when a person exercises his/her the right to health care.
The Republic of Serbia provides health care for women by the establishment of health care institutions at primary, secondary and tertiary levels, in compliance with the law governing health care.
Health care for women includes in particular:
1) Prevention and early detection of diseases;
2) Health care in respect of family planning, during pregnancy, child delivery and maternity;
3) Health care in case of disease and injury, in compliance with the law governing health care.

Working Hours of Social and Health Care Institutions
Article 25

Social and health care institutions and other institutions dealing with protection of women and children are obliged to adjust their work organization and working hours to the requirements of their clients.

III. FAMILY RELATIONS

Family Life

Article 26

All people are equal, irrespective of their family and marital status.

Marriage and Domestic Partnership

Article 27

Married couples and domestic partners are equal pursuant to law.

Giving Birth

Article 28

Any person at generative age has the right to health care and to receive medical services related to family planning, regardless of his/her sex.
Partners are equal in planning the number of children, access to information, education and means enabling them to exercise these rights.
Special measures to promote child bearing and special measures for the protection and improvement of reproductive health of women are not considered discrimination.

Family Violence

Article 29

All family members have an equal right to protection against family violence.
Special measures and programs intended for the following are not considered discrimination:
1) Victims of family violence who are provided with social, legal and other aid and compensation, in order to ensure protection against family violence and eliminate and mitigate the consequences of violence;
2) Placement of victims of violence in adequate institutions in order to prevent violence and accomplish the right to life without violence (safe houses, etc.);
3) Perpetrators of family violence in order to prevent further violence.
The public power authorities are obliged to plan, organize, carry out and finance the measures aimed at raising public awareness about the need to prevent family violence.

IV. EDUCATION, CULTURE AND SPORTS
Equal Opportunities

Article 30

Educational and scientific institutions as well as vocational training institutions must not make gender-based discrimination, especially related to:
1) Conditions for admission and rejection of admission to a particular institution;
2) Conditions and opportunities of access to permanent education, including all programs for education of adults and programs of acquisition of functional literacy;
3) Conditions for exclusion from educational process, scientific work and professional training;
4) Method of service rendering and awarding of concessions and information;
5) Appraisal of knowledge and assessment of achieved results;
6) Conditions to get scholarships and other forms of support for education and studies;
7) Conditions of election or acquiring of titles, career guidance, professional training and acquisition of diplomas;
8) Conditions of promotion, additional qualifications or new qualifications.
Gender Equality as an Integral Part of Education

Article 31

Education about gender equality is an integral part of pre-school, primary, secondary and university education, as well as an integral part of permanent education.
Within the framework of teaching curricula, i.e. within the syllabuses, education about gender equality is provided, in order to overcome restricted gender-based roles, liberation from gender-based stereotypes and gender-based prejudices.
Within the framework of teaching curricula, education and, in particular, special adequate information is also provided in the area of sexual education and reproductive health.
The state administration bodies in charge of education, namely, educational institutions, in the process of adoption of curricula and syllabuses, and on the occasion of establishment of textbook standards, teaching methods and standards of school facilities and teaching aids, are obliged to ensure that the policy of equal opportunities for women and men is implemented.

Equal Gender Representation

Article 32
The authorized proposer is obliged to make efforts to propose 30% of the less represented gender at minimum on the occasion of appointment of the members of management and supervisory bodies in public services.

Special Measures

Article 33

With the aim to provide conditions for promotion and better inclusion in the process of education and professional training, the public power authorities in charge of education shall undertake special measures for the inclusion into these processes of the pupils or groups of pupils who, because of their culture, tradition and social-economic conditions leave the school prematurely.
Measures of special support to pupils or groups of pupils for their transfer from lower to higher educational levels can be also undertaken, namely, for continuation of their education.
The public power authorities in charge of education shall establish special teaching curricula for the return of pupils referred to in paragraph 1 of this Article to schools and other educational institutions.
The public power authorities in charge of education may also undertake other special measures, especially the measures to encourage education of the less represented gender in the field of information technology, engineering and technology.

Equal Presence of Sexes in Sports

Article 34

Educational institutions are obliged to make efforts to ensure equal conditions for active participation in sports, regardless of sex, and to undertake measures to promote physical exercises and sports activities for girls and women.
Sports organizations and associations are obliged to make efforts to ensure equal treatment of sexes in the promotion and financing of sports activities.
Sports organizations and associations shall to make efforts to ensure equal gender representation in the management bodies of such organizations and associations.

V. POLITICAL AND PUBLIC LIFE

Equal Opportunities in Political and Other Activities

Article 35

The right to join a political party, active participation in the activities and participation in the bodies of a political party shall be accomplished without any gender-based discrimination, in accordance with the documents of that particular party.
Every four years political parties shall adopt a plan of their activities and special measures to encourage and promote equal representation of women and men in the bodies of a particular party, and on the ocassion of appointment of candidates to be elected members of parliament and councilors.
Every four years trade unions and branch associations shall adopt a plan of their activities and special measures to encourage and promote equal representation of women and men in their bodies.
Political parties, trade unions and branch associations shall publish their plan of action with special measures at their official website, while the political parties whose candidates have been elected as members of partialemt or councilors shall also furnish the plan to the Gender Equality Committee of the National Parliament of the Repulic of Serbia.
Political parties, trade unions and branch associations shall fullfil the duties referred to in paragraphs 2, 3 and 4 of this Article by 1 December 2010 when the deadline stipulated in paragraphs 2 and 3 of this Article shall come into force.

Election Right

Article 36

The election right, without gender-based discrimination, shall be ensured in compliance with the Constitution and law.
Equal Representation and Equal Access Opportunities to Executive Power Bodies, Public, Financial and Other Institutions

Article 37
Gender equality shall be ensured on the occasion of appointment of candidates for the president of the Republic, members of parliament and councilors, in the manner and in accordance with the regulations governing elections.
Gender equality shall be ensured on the occasion of appointment of candidates for elections for all positions and appointment to the public power authorities, financial and other institutions.
Gender equality shall be ensured on the occasion of implementation of the election procedure through the composition and operation of the bodies to conduct elections, in accordance with the regulations governing elections.

Participation in International Co-operation
Article 38

Every person has the right to equal participation in international co-operation without discrimination, which is carried out within the framework of foreign policy of the Republic of Serbia, and in accordance with the competences of the Republic of Serbia, the autonomous province and self-government units, as well as to be represented and participate in the activities of international organizations and institutions.
On the occasion of election or appointment of the delegations representing the Republic of Serbia efforts will be made so that the delegation consists of 30% persons of the less represented sex, in accordance with international standards.
The provision of paragraph 2 of this Article shall also be applied to international co-operation, which is carried out by the autonomous province and local self-government units, within the Constitution and competences stipulated under the law.

Obligations of Local Self-government Units
Article 39

The bodies of local self-government units, within the framework of their competences, shall ensure gender equality and achievement of equal opportunities.
The bodies of local self-government units shall encourage and improve gender equality within the framework of their competences and jobs related to gender equality.
In the process of adoption of development plans and other acts, the competent bodies of local self-government units shall consider measures and activities to promote gender equality and achievement of equal opportunities.
In the bodies of local self-government units within the current organizational structure and job descriptions a standing body shall be set up or an employee assigned for gender equality issues and achievement of equal opportunities, according to this law.

Statistical Records

Article 40

Statistical data collected, recorded and processed at the level of the Republic of Serbia, the autonomous province and the units of local self-government, as well as at the institutions and at organizations exercising public powers, at public enterprises and commercial entities, must be presented by the gender.
The statistical data referred to in paragraph 1 of this Article are an integral part of the statistical information system of the Republic of Serbia and the public may have access to them pursuant to the relevant law.

Information of the Public

Article 41

Information released through the mass media must not contain or encourage gender-based discrimination.
The provisions of paragraph 1 of this Article shall also refer to all forms of advertisements and advertising material.
The mass media shall develop the awareness of gender-based equality in their programs as well as undertake adequate measures to amend social and cultural patterns, customs and any other practice, which condition stereotypes, prejudices and discrimination based on the idea of inferiority and/or superiority of either of the sexes.

Associations

Article 42

Associations whose objectives are related to promotion of gender equality have the right to monitor the accomplishment of gender equality and notify discrimination, as well as to prepare and publish reports on their findings.
The associations referred to in paragraph 1 of this Article shall actively participate in the accomplishment of gender equality, proposing of special measures and establishment of conditions to achieve gender equality, as well as during the preparation of the reports on the accomplishment of gender equality.
The associations referred to in paragraph 1 of this Article shall have their representatives in the working body of the Government in charge of gender equality, which is set up and whose members are appointed by the Government.

VI. JUDICIAL PROTECTION

Civil Legal Protection

Article 43
Any person whose rights or freedoms have been violated because he/she is a member of certain sex may initiate the proceedings before the competent court and request:
1) To establish the violation made by the discriminatory act;
2) To prohibit the pursuing of activities threatening to inflict a violation;
3) To prohibit further undertaking and/or the repetition of activities having caused a violation;
4) To put out of use the means, namely the objects having made a violation (the textbooks that are discriminatory or present a certain sex in a stereotype manner, printed matter, advertising aids, promotional material, etc.);
5) To eliminate the violation and establish the position, i.e.  the state before the violation;
6) To receive compensation for pecuniary and non-pecuniary damages.
The proceedings referred to in paragraph 1 of this Article may be initiated, with consent of the discriminated person, on his/her behalf, the trade union or the associations whose objectives are related to promotion of gender equality. These subjects may join the plaintiff in the capacity of the intervening party.
In case of discrimination violating the rights of a larger number of persons, the subjects referred to in paragraph 2 of this Article may initiate the proceedings on their own behalf. A person whose right has been violated may join the plaintiff in the capacity of the intervening party.
After entering the proceedings, namely after the initiation of the proceedings, the subjects referred to in paragraph 2 of this Article may inform, through the mass media or in other adequate manner, other damaged persons, trade unions and associations about the initiated proceedings and invite them to join the plaintiff as the intervening party or the co-plaintiff.
A new plaintiff may join the proceedings subsequently together with the plaintiff and without the consent of the defendant after the new plaintiff had entered the main hearing.

The Proceedings to Accomplish Civil Legal Protection

Article 44

Unless this law prescribes some other special rules, the relevant provisions of the law governing civil procedure shall be applied to the proceedings to accomplish civil legal protection because of gender-based discrimination.

Initiation of Proceedings

Article 45

The proceedings to accomplish civil legal protection because of gender-based discrimination may also be initiated before the end of the proceedings for the protection of work-related right and on the grounds of work before the competent body.

Competence

Article 46

The court of general local jurisdiction shall be competent in the proceedings to accomplish civil legal protection for gender-based discrimination pursuant to law governing the courts.
In addition to the court with general local jurisdiction, the court in whose territory the plaintiff has the permanent residence i.e. temporary residence shall also be competent in the proceedings referred to in paragraph 1 of this Article.

Urgent Proceedings

Article 47

The proceedings to accomplish civil legal protection because of gender-based discrimination shall be treated as especially urgent.
The first hearing must be held within 15 days from the receipt of the action. The term to respond to the action is eight days.
The decision on the motion to issue an interim measure must be adopted by the court within three days from the date of receipt of the motion.
The term to make an objection to the decision on the interim measure amounts to 48 hours from the receipt of the decision. The decision concerning the objection is to be adopted within the next 48 hours.
The term to file an appeal against the decision in the proceedings to accomplish civil legal protection because of gender-based discrimination is eight days, and the second instance court is obliged to decide on the appeal within three months from the date of its submission, pursuant to the law governing civil procedure.

Release from the Advance Payment of the Proceedings Costs

Article 48

In the proceedings to accomplish civil legal protection from gender-based discrimination, the plaintiff is released from the advance payment of the proceedings costs, which are paid from the court funds.

Assumption of Innocence and Burden of Proof

Article 49

It may not be proved that indirect gender-based discrimination had been made without guilt, if it is not disputable between the parties or if the court has established that the act of direct discrimination was committed.
If the plaintiff has made it probable during the proceedings that an act of gender-based discrimination was committed, the burden of proof that such an act had not caused any violation of the principle of equality, namely of the principle of equal rights and obligations, will be borne by the defendant.

Provisional Measures

Article 50

Before the initiation or in the course of the proceedings to accomplish civil legal protection because of gender-based discrimination, the discriminated person, namely the subjects authorized to initiate the proceedings, may request that interim measure is ordered prohibiting discriminatory treatment until the final closure of the proceedings.
The proposer must make it probable that there is concrete danger of violation of some right because of discriminatory actions and that there would be considerable pecuniary or non-pecuniary damage if the interim measure was not ordered.
The court may order an interim measure ex officio under the conditions referred to in paragraphs 1 and 2 of this Article.
An appeal against the decision on an interim measure does not stay enforcement of the decision.

Records and Documentation on Protection

Article 51

The court is obliged to forward all final decisions adopted in the proceedings to accomplish civil legal protection because of gender-based discrimination to the ministry in charge of gender equality issues.
The ministry in charge of gender equality issues is obliged to keep the records of all final decisions adopted in the proceedings to accomplish civil legal protection because of gender-based discrimination.
The method of records keeping and the documentation will be prescribed by the minister in charge of gender equality issues.

VII. SUPERVISION OF THE ENFORCEMENT OF THE LAW

Supervision

Article 52

The ministry in charge of gender equality issues shall supervise the enforcement of this law.
The ministry in charge of gender equality issues shall submit a report on the state of affair of gender equality protection and promotion to the Government and competent Committee of the National Parliament at least once a year.
The competent body of the autonomous province shall supervise the enforcement of this law in the territory of the autonomous province, as its entrusted competence.
The supervision of enforcement of the entrusted competence shall be carried out by the ministry in charge of gender equality issues.

Penal Provisions

Article 53

A fine ranging from RSD 10,000 to 100,000 shall be imposed to any institution committing a gender-based discrimination concerning: the conditions for admission and rejection of admission to the institution, the conditions and possibilities of access to life-long learning, including all curricula for adults and programs of functional literacy acquisition, the conditions of exclusion from educational process, scientific work and vocational training, the method of service rendering and awarding privileges and information, the assessment of knowledge and appraisal of achieved results, the conditions to get scholarships and other types of support for education and studies, the conditions of election or acquiring of titles, career guidance, professional training and acquiring of diplomas, the conditions of advancement, additional qualifications or new qualifications (Article 30, paragraph 1, items 1 – 8)
A fine ranging from RSD 5,000 to 15,000 shall be imposed for the violation referred to in paragraph 1 of this Article to the responsible person at the relevant institution.

Article 54

A fine ranging from RSD 10,000 to 100,000 shall be imposed for the violation to the employer having the capacity of a legal entity if:
1) It does not make a plan of measures for the provision of equal gender representation as referred to in Article 13, paragraph 1;
2) It does not prepare an annual report on the implementation of the plan of measures as referred to in Article 13, paragraph 2;
3) On the occasion of employment or hirinig for work it requires or uses information about family life or family plans of the candidate;
4) On the occasion of job public advertising, pertinent requirements for the job and selection of the candidate to get an employment or other form of work engagement, it makes any gender distinction (Article15);
5) On the occasion of assignment to a job it violates the provisions on gender equality (Article 16);
6) It violates the provisions on equal remuneration for the same job to women and men (Article 17);
7) It does not undertake measures to protect an employee from harassment, sexual harassment or sexual blackmail (Article 18, paragraph 1);
8) It does not comply with the provisions on equal gender representation when arranging for vocational training or training (Article 19);
9) It terminates the employment or the employment contract to an employee contrary to provisions of this law (Article 20).
A fine ranging from RSD 5,000 to 25,000 for the violation referred to in paragraph 1 of this Article shall be imposed to an entrepreneur.
A fine ranging from RSD 5,000 to 25,000 for the violation referred to in paragraph 1 of this Article shall be imposed to the responsible person of the employer.

Article 55

A fine ranging from RSD 5,000 to 25,000 for the violation shall be imposed to the responsible person at a mass media company if the information released by that particular company insults the dignity of a person in respect of his/her sex, violates equality of the person in respect of his/her sex or encourages such violations (Article 41).

VIII. TRANSITIONAL AND FINAL PROVISIONS

Article 56

The ministry in charge of gender equality issues is obliged to adopt by-laws based on the powers of this law within one year from the date this law enters into force.

Article 57

 This law enters into force eight days after it had been published in the Official Gazette of the Republic of Serbia, and the provisions of Article 12, paragraph 2, Articles 13, 40 and 51 shall be applied upon expiry of the period of one year from the date this law enters into force.