The amended law comes into effect on Wednesday: Employers face five new obligations towards employees
Employers in Serbia are required to fully align their operations with the new provisions of the Law on Occupational Health and Safety by Wednesday, 7 May. These changes focus on enhanced employee protection, the introduction of preventive measures, and more effective control of working conditions.
Notably, the law now clearly regulates remote and home-based work, which previously lacked clear legal guidelines, leading to uncertainty for both employers and employees.
Although the Law on Occupational Health and Safety came into force in 2023, the deadline for its full implementation is Wednesday, 7 May.
In addition to greater protection for employees, the introduction of preventive measures, and more efficient control of working conditions, the law now includes provisions for remote and home-based work. These forms of work were previously not clearly regulated, creating legal uncertainty for both employers and workers.
Lawyer Nevena Petrović explained to Nova.rs that the amended regulations have significantly clarified the situation regarding home-based work for both employees and employers.
“Employers are obliged to ensure safe working conditions even when employees work from home, which includes conducting a risk assessment and allowing employees to participate in this process,” she emphasised.
A strong emphasis has also been placed on employee education and continuous training.
The law mandates periodic training sessions in the field of occupational safety and health for both employees and managers. Special focus is given to training on the use of protective equipment and appropriate behaviour in risky situations. In cases of workplace injuries—whether severe, fatal, or collective—additional training is mandatory for employees in the affected organisational unit.
Regular medical examinations
“Furthermore, the new regulations introduce the obligation for regular medical examinations of employees, which was not strictly regulated until now. These examinations must correspond to the specific risks of the workplace, and the employer bears the cost. This provision is particularly important for workers engaged in high-risk jobs, such as working at heights, in depths, near hazardous chemicals, or on electrical power facilities,” explained lawyer Petrović.
Alongside the law, a series of bylaws have been adopted to more precisely define individual obligations.
Among them are regulations concerning risk assessment, equipment and installation testing, as well as regulations on professional examinations and the appearance of official uniforms for labour inspectors. Two new regulations are particularly noteworthy—one pertains to safe work at heights, and the other to maintaining records in the field of safety and health.
Home-based work has become one of the legally prescribed forms of work
According to the Guide for Safe and Healthy Home-Based Work, published by the Ministry of Labour in 2021, this type of work is a complex form that requires the implementation of legal and other measures in advance.
“The employer should approach the implementation of occupational safety and health measures for home-based work in the same way as when employees perform tasks in premises designated for work at the employer’s facility, which are under the direct or indirect control of the employer. This means that the employer will manage occupational safety and health in the same manner in all cases where employees perform tasks in the employer’s interest. On the other hand, employees are expected to cooperate with the employer and perform their work in accordance with written instructions and guidelines prepared by the employer,” the Guide states.
Home-based work has become one of the legally prescribed forms of work, but only where it is feasible to organise, taking into account the employer’s activities, as it is evident that not all jobs and tasks can be performed outside the employer’s premises or specific workplace.
There are activities, professions, and jobs where home-based work is not feasible or cannot be performed, as highlighted in this document.
The Labour Law (“Official Gazette of RS”, Nos. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – Constitutional Court decision, 113/2017, and 95/2018 – authentic interpretation) clearly stipulates that employers are obliged to reimburse employees who work from home for the costs of using work equipment owned by the employee, as well as to compensate them for other expenses.
Penalties for employers
Employers are obliged to fully align their operations with the new regulations by 7 May, and failure to comply can result in serious consequences—including hefty fines exceeding one million dinars.
A legal entity employer will be fined between one million and one and a half million dinars for failing to insure employees against workplace injuries and occupational diseases to ensure compensation. An entrepreneur employer faces a fine of 200,000 to 400,000 dinars for the same offence.
A director or other responsible person within the employer’s organisation, as well as an individual employer, will be fined between 30,000 and 150,000 dinars.
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