While the labour market is subject to constant change and evolution, the past four years (since the start of the COVID-19 pandemic) have seen a considerable shift in the way that work is undertaken and managed. However, the existing regulatory framework has not kept pace with these rapid developments. In fact, the Law concerning the protection of health and safety at work in the Republic of Serbia has not changed substantially for the past 17 years. However, an entirely new Law covering this area came into force on 7 May 2023, which introduces some notable developments. In particular:
First, the new Law defines the term “workplace” with much greater precision, in contrast to the former definition which envisioned the place of work as an employer’s premises. This obviously raises questions relating to risk assessments for employees. The new definition will define the “workplace” as the location where an employee performs their role under the terms and conditions of their employment.
Secondly, the Law goes on to stipulate that an employer is obliged to confirm that standards of workplace health and safety are ensured for all employees working remotely/from their homes. An employer can document remote work risk assessments in writing (though they are not obliged to) with the cooperation of their employees. This will apply not only to employers but also to self-employed entrepreneurs.
Thirdly, the Law will also introduce a new (digital) reporting mechanism, through which employers can report injuries at work and occupational diseases. This information will be stored on a new unified electronic database streamlining the reporting process for employers.
Finally, the Law will also introduce a number of timely changes relating to the protection of personal data, including personal data related to employees’ medical examinations, as well as setting out the scope of personal data that employers can hold and utilise.
The new law governing the protection of health and safety at work in the Republic of Serbia is a significant step forward in ensuring workplace safety. By establishing comprehensive regulations and promoting cooperation between employers, workers, and authorities, the law seeks to minimize risks and promote responsible management of occupational health and safety. This reflects the commitment of the Serbian government and society to protect the fundamental rights of workers and promote a safer working environment.