After Gecić Law published its guidance and advice to clients on how to arrange their working relationships with employees who are working remotely through the Annex to the Employment Agreement, a binding decision was made by the Government of the Republic of Serbia. The Government of the Republic of Serbia seemed to be reading our minds and, on March 16, 2020, adopted and published a Decree on Organizing the Activity of Employers during the State of Emergency.
This Decree stipulates that during a state of emergency every employer is obliged to enable employees to perform their work tasks outside of the employer’s premises (by working remotely and working from home), and this is applicable to all workplaces where this way of working can be arranged in line with the general act and employment contract. If the general act and the employment contract do not stipulate remote work, the employer may, solely through their own decision, allow employees to perform work tasks outside the employer’s premises, organizational conditions allowing, without annexing the employment agreement or the general act. This provision was obviously made in order to accelerate the procedure of allowing remote work and it deserves praise!
Furthermore, in cases where the organizational structure and the way of work do not allow remote work, additional instructions to employers are prescribed, which aim to oblige them to harmonize working conditions with the conditions of the state of emergency: e.g. organization of work in shifts, organization of meetings via electronic channels, and postponing of business trips in Serbia and abroad. The prior recommendation that employers provide workplace safety equipment has now become a legal obligation for employers who cannot organize remote work or work from home.
This is another measure through which the state is trying to cope with the spread of the COVID-19 virus, and we believe that there will only be more similar measures in the coming period.
For more information, please contact us via covid19@geciclaw.com
