New Branch Collective Agreement for the Tourism and Hospitality industry (hereinafter: “BCA”) came into force on 21 June 2024. We highlighted below the key changes:
- During the tourist season, working hours may last no longer than 60 hours per week, if this is stipulated in the collective agreement with the employer and there is written consent of the employee.
- Redistributed working time is not considered overtime. The employer is obliged to properly record the redistributed working hours in the month in which they were realized. Redistribution of working time also includes when the employee does not work after the tourist season, but uses a certain number of days off.
- BCA now recognises these two additional grounds for increasing an annual leave (in addition to the legally established minimum number of days):
- for contribution to work – plus two working days; and
- single parent of a child up to 15 years of age – plus two working days.
The calculation value of the coefficient for an average of 174 hours on a monthly basis is determined in the amount of €90.00 gross.
The special part of the employee’s salary cannot be lower than 90% of the calculation value of the coefficient determined by this BCA, which amounts to 81.00 euros gross.
With the consent of the employee, instead of paying the amount in the name of meal allowance as an element of a separate part of the salary, the employer can, at his own expense, provide meals to the employees during work.
By the collective agreement with the employer, the calculation value of the coefficient and the coefficient of job complexity can be determined in a different amount from the amounts determined by this BCA, with the fact that the employee’s basic salary per group of jobs determined in this way cannot be lower than the salary obtained as a product of the calculation value of the coefficient and of the coefficient of complexity of jobs determined by this BCA. In this case, the calculation value of the coefficient cannot be less than the calculation value of the coefficient determined in accordance with this BCA.
The salary of an employee for typical hospitality and tourism occupations on jobs of a seasonal nature, with the inclusion of a special part of the salary and salary increases (except for years of services) can be negotiated in the smallest gross amount:
- Simple jobs (hygienist, auxiliary worker-waiter, auxiliary worker in bar/kitchen/restaurant, porter and other similar jobs of the specified level of complexity): EUR 700.00;
- Less demanding jobs (maid, assistant waiter, assistant cook, assistant receptionist, assistant confectioner and other similar auxiliary jobs of the specified level of complexity): EUR 750.00;
- More demanding jobs (waiter, bartender, cook, confectioner, receptionist and other similar jobs of the specified level of complexity): EUR 800.00;
- Very demanding jobs (head waiter, head bartender, head chef, head confectioner and other similar jobs of the specified level of complexity, training, experience, knowledge and skills): EUR 850.00.
The collective agreement with the employer or the employment contract can determine additional grounds for salary increases for certain groups of jobs.
The employer pays the employee a seasonal allowance (zimnica) in the amount of at least three times the net calculation value of the coefficient determined by this BCA. The employee who is employed by that employer on the day of the decision on the payment of seasonal allowance has the right to the payment of seasonal allowance.
The employer pays the employee severance pay at the time of retirement in the amount of at least four average net wages at the employer, or if it is more favourable for the employee, four average net wages at the state level, achieved in the previous year.
An employee is paid a jubilee award for 10, 20, 30 and 40 years of continuous work with the same employer, namely:
- for 10 years of work in the amount of at least EUR 300 net,
- for 20 years of work in the amount of at least EUR 450 net,
- for 30 years of work in the amount of at least EUR 600 net,
- for 40 years of work in the amount of at least EUR 750 net.
The employee has the right to compensation for transportation costs for getting to and from work in the amount of the price of a transport ticket in local and intercity traffic, provided that the distance in one direction from the place of residence to the workplace is in one in the direction of at least three km. Reimbursement of transportation costs on a monthly basis can be a maximum of EUR 60 in net amount. A collective agreement with employers or a decision of the employer may regulate the employee’s right to reimbursement of transportation costs to and from work in a different way. An employee who receives compensation for living separately (odvojeni život) or whose employer provides accommodation does not have the right to compensation for transportation costs. Reimbursement of transportation costs does not belong to an employee who is absent from work for any reason.
The employer’s collective agreement will be harmonized with this BCA within three months from the date of entry into force of the BCA.
The information in this email does not constitute legal advice on any particular matter and is provided for general informational purposes only.
