When the survival of the state or its citizens is threatened by a public danger, the competent authority shall declare a state of emergency, in accordance with the Constitution of the Republic of Serbia, and may also prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the Constitution, and in the case of Coronavirus disease – from the freedom of movement.
The pandemic of the Coronavirus in the Republic of Serbia, as well as in other countries, has caused the need to introduce special state measures that restrict the movement of the population, and therefore employees, which at the same time creates the obligation for employers to organize work differently: by introducing part-time work, redistribution or work from home, or for employers whose none of the foregoing is feasible, to suspend it for the duration of the measures.
According to the Decree on Organization of work of Employers during the State of Emergency, the employer is obliged to enable employees to perform work outside the premises of the employer (telecommuting and work from home), at all workplaces where such work can be organized in accordance with the general act and the employment contract.
If the general act and the employment contract do not stipulate the manner of work of employees outside the premises of the employer, the employer may allow the employee to perform activities outside the premises of the employer by Decision, if the organizational conditions allow it.
The employer Decision must include the duration of employees’ working hours, as well as the way the employer supervises the work of employees. The Decision also prescribes a special obligation of the employer – to keep records of employees who work outside the premises of the employer.
It is up to employers whether their focus will be on achieving goals and results or on the supervision of employees working from home.