Due to the declaration of the state of emergency, the Government of the Republic of Serbia adopted a Regulation on Organizing Employers during the State of Emergency, which is published in the Official Gazette of the Republic of Serbia on 16.03.2020. (hereinafter: the Regulation).
Our Law Firm helps its clients understand what the declaration of the state of emergency and the adoption of this Regulation specifically mean for employers and employees in the Republic of Serbia.
The Regulation introduces an obligation for employers to allow employees to perform work outside the employer’s premises during the state of emergency (which involves working remotely and working from home). This obligation is introduced for all activities where it is possible to organize such work under the general act of the employer and the employment contract for each specific employee.
If this type of work is not prescribed by general act of the employer and employment contract, the employer can make a special decision that will allow the employee to perform activities outside the employer’s premises, if the organizational conditions allow it. Such decision must include:
- working hours;
- a way of supervising the employee’s work.
Therefore, the employer will regulate in more detail the manner of performing work from home, as well as how the employer will control the employee¢s work during the state of emergency, which could be realized through the employee’s obligation to send daily/weekly reports to his employer about his work activities.
Also, the Regulation prescribes the duty of the employer to keep records of employees performing work outside the premises of the employer.
On the other hand, when it comes to activities where it is not possible to organize working from home/ working remotely, the Regulation prescribes certain duties for the employer, relating to the compliance of the business with the state of emergency.
The possibilities offered to employers are as follows: organizing shift work, holding business meetings electronically and in other appropriate ways, postponing all business trips, both in the country and abroad.
Also, the employer is obliged to provide all general, special and emergency measures related to the hygienic safety of facilities and persons under the Law on the Protection of the Population from Infectious Diseases. Also, sufficient quantities of protective equipment must be provided.
In addition to complying with the applicable provisions of the Labor Law, employers will have to comply with the provisions of the Regulation during the state of emergency to preserve the health and safety of all employees without interrupting their activities.
If you have certain concerns regarding the organization of work of employees following the new situation, our law office can provide you full legal assistance in understanding the adopted regulations.
Attorney at law Damir Petrović
The information contained herein has been provided only for the purpose of general information and cannot be considered as a legal opinion or legal advice. Accordingly, the Law Firm Petrovic & Partners disclaims all responsibility and accept no liability in respect to actions taken or not taken based on any or all the contents contained herein.