Bojana Dimitrijevic

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Noticing the inequalities between the position of pregnant women and new mothers working outside the employment relationship or entered into an employment contract with the employer, we have chosen as the subject of this paper to describe the possibility of adopting the proposed amendments to the Law on Financial Support for Families with Children. These are the Law on Health Insurance and the Law on Mandatory Contributions for Social Insurance and the Labor Law, to enable all the employed pregnant women and new mothers in Serbia to have equal rights.The obtained results have shown that unlike pregnant women and new mothers who have entered into an employment contract with the employer, pregnant women and new mothers employed outside the employment relationship (employed based on contracts on the performance of temporary and occasional jobs, service contracts, copyright contracts or the contract on the rights and obligations of the directors outside the employment relationship) can not exercise the following rights: 1) the right to use paid sick leave during pregnancy leave; 2) the right to payment of taxes and contributions for mandatory social insurance while exercising the right to other benefits based on childbirth and childcare or special childcare; 3) the possibility of the right to other fees based on childcare and special childcare be transferred to the child's father, i.e. the woman’s (extra)marital partner; and 4) those allowances based on the birth and care of a child for mothers who gave birth to their third or each subsequent child are granted for a total duration of one, instead of two years. Adoption of the proposed amendments to the Law on Financial Support for Families with Children can contribute to improve the position of mothers/self-employed parents; who are the owners of a family agricultural farm; Or who have the status of a private person conducting an independent activity according to the law regulating the income tax for citizens. However, this would not have a significant impact on the position of mothers engaged in work outside of the employment contract, since it does not contribute to the increase of their rights.

Previous financial analyzes of the „Moms Rule“ Association have shown that for the equalization of positions/rights of pregnant women and new mothers working outside employment contracts with the rights of pregnant women and new mothers who have entered into an employment contract with their employer, would require the allocation of additional funds from the Serbian state budget in the amount of between 2,868 and 4,030 million dinars (i.e. between 24.4 and 34.3 million Euros) on an annual level. Based on everything that has been said, we justifiably conclude a solution to the described problem inevitably calls for amendments to the already listed legal documents, including further work on the changes and amendments to the Law on Financial Support for Families with Children, to effectively overcome the existing inequalities, which would contribute to the effective elimination of inequalities between all pregnant women and new mothers in Serbia, who are employed. The key goal of the work is the scientific description of the possibility to amend some of the current legal solutions, to eliminate inequalities in the position of pregnant women and new mothers in Serbia, regardless of the basis of their employment.



Fast socio-economic development brings about numerous changes in everyday functioning in the life of an individual, also reflecting on the concept of inter-generation solidarity. Longer life expectancy and constant prolongation of minimum retirement agesignificantly diminish the modern family's ability to provide long-term support for their oldest members, especially with the lack of support by the wider community. The results of recent research show that a family member giving long-term support to an elderly person faces numerous challenges. The most common ones are chronic fatigue, high stress level, high expenses, overall health deterioration, and inability to synchronize the support and professional obligations. At the same time, longer support for the elderly provided by informal caretakers, such as relatives and family members, is often the only source of support the elderly can get. All these factors have many negative consequences on the functioning of those giving long-term support to their elderly relatives. This could even lead to them facing some form of social isolation and/or the burnout syndrome. According to the institutional theory, simultaneously using the formal and the informal network in the long-term support for the elderly would lead to the reduction of the burden on family members. Unfortunately, although the current Social Welfare Law prescribes a host of community services for the elderly, both on the national and the local level, the empirical results show that these are not on the satisfactory level in Serbia. To support this, it is a fact that although domestic household aid for the elderly is one of the most developed services in the community (it was available in 122 local communities in 2015), it is now available for a mere 1.1% of those older than 65 living in Serbia. It is important to take into account that this service is only available for the elderly living alone, with no working capable household members to give them everyday support. At the same time, the necessity for elderly day care centers is not yet recognized by local communities, and its economic sustainability is often questioned. All these factors clearly show there are minimal chancesfor the simultaneous application of the form al and the informal support network in long-term care for the elderly. This is why one of the key challenges for the modern social welfare system in Serbia is the necessity of further development of different community services forthe elderly who need long-term support. These would encouragethem to stay in their natural surroundings as long as possible, without the risk of becoming a burden for other household members by not going to retirement homes.