Recommendations of the Ministry of Labour, Employment, Veteran and Social Affairs March 25, 2020 On March 24, 2020 the Ministry of Labour, Employment, Veteran and Social Affairs published a document called Detailed Explanation of the Rights and Obligations of the Workers and Employers During State of Emergency. In the subject document the competent ministry has explained all details and possible situations during state of emergency such as, working at home, paid and unpaid leave, sickness leave, self-isolation and etc. Below you may read an excerpt from the subject document, containing relevant information for employers and employees. Working at home Should the nature of employer’s business activity and work allow, the employer may organize working at home. The employees working at home are entitled to the same salary as their colleagues working at their workplaces, however, the employees working at home are not entitled to a retribution of transportation expenses for coming to work and leaving work and coming home. In case the employer is not able to organize working at home, he is required to undertake all the measures for protection of safety and health at work. Employed parent having children younger than age of 12 The Ministry of State Administration and Local Self-Government has issued a Recommendation for Organization of Work in Public Administration and State Institutions which refers to the persons employed in state bodies, public agencies, public services and local self-government. The subject recommendation should be applied also to the employers in private sector in case the employer’s business activity allows so. According to the mentioned recommendation, a parent having child of the age up to 12 is subject to a special treatment and especially in case of performing parent rights alone (single parent) or the other parent is subject to a working obligation. The mentioned parents should be allowed to work at home in accordance with the work plan and schedule determined by the employer, i.e. supervisor for each employee. In case it is not possible to organize working at home due to employer’s work process, the work needs to be organized in shifts so that the employee’s i.e. one parent’s working schedule does not correspond to the working schedule of the other parent also having the working obligation. Isolation/Quarantine An employee subject to self-isolation or quarantine imposed by a decision of a competent state authority is entitled to a compensation of salary in accordance with the Law on Health Insurance. The salary compensation for the first 30 days of absence from work is born by the employer and as of 31st day of absence shall be borne by the Health Insurance Fund of the Republic of Serbia. Employees subject to self-isolation or quarantine are required to inform the employer by phone, e-mail or some other mean of electronic communication regarding their isolation or quarantine and send the employer scan or a photo of the decision issued by the competent state authority who imposed him the self-isolation or quarantine. The certificate on temporary inability to work, as well as medical report (so called “doznaka”) need to be delivered by the employee’s family member or the employee himself after the cease of reasons for his temporary inability to work. The salary compensation is paid in the amount of at least 65% the employee’s average salary in the 12 months preceding the month in which the temporary inability to work has occurred. The employee may be paid a higher amount of salary compensation in case such amount is determined by the labour rulebook or the employment agreement. Employee using annual leave Should the employee use his annual leave, he is entitled to a salary compensation in the amount of his average salary in the preceding 12 months. Compulsory vacation In case of reduction of working volume or cease of work without the employee’s fault (Article 116 of the Labour Law), the employees may be referred to use so called compulsory vacation in duration of 45 working days (or longer in accordance with the Labour Law). The salary compensation is paid in the amount of at least 60% the employee’s average salary in the preceding 12 months, but not less than the minimum salary. Cease of work due to state authority/employer’s body decision In case of a cease of work in accordance with the Article 117 of the Labour Law based on the order of the competent state authority or the employer’s competent body due to failure to provide the protection safety and health at work, representing a precondition for further performance of work without jeopardizing the lives and health of employees and other persons, the employee is entitled to salary compensation in the amount determined by the collective agreement/labour rulebook and the employment agreement. Sickness leave or paid leave In case of a temporary inability to work due to an illness the employee is entitled to a salary compensation in the amount of at least 65% of the average salary or in the amount of 100% of the employee’s average salary in the 12 preceding months in case of an injury at work or a professional disease. The employee is entitled to a salary compensation in the amount of average salary in the 12 preceding months in case of paid leave due to marriage, spouse’s childbirth, serious illness of an immediate family member, death of an immediate family member, voluntary blood donation, etc. Unpaid leave Unpaid leave (leave with no salary compensation) may be granted to an employee exclusively based on the employee’s request. Source: https://www.minrzs.gov.rs/ Should you need more detailed explanation, please do not hesitate to contact us.
