Fine in the amount of up to RSD 1,000,000 for employers that do not adopt a plan for the implementation of Covid-19 measures
In order to prevent further spreading of the infectious disease COVID-19, the Ministry of Labor, Employment, Veterans and Social Affairs of the Republic of Serbia („Ministry“) adopted the Rulebook on preventive measures and activities for the safe and healthy workspace and the prevention of the occurrence and spread of the epidemic of an infectious disease[1] („Rulebook“).
The Rulebook prescribes the preventive measures and activities the employer is obliged to apply in the event the competent authority declares the epidemic of an infectious disease, in order to prevent the occurrence and spread of the infectious disease and eliminate risks for the safe and healthy workspace. The preventive measures prescribed in the Rulebook are to be applied at all workplaces with the specified exceptions in case of field work and remote work, i.e. work from home.
In accordance with the Rulebook, the employer is obliged to adopt a Plan for the implementation of measures for preventing the occurrence and spread of the epidemic of an infectious disease (“Plan for the implementation of measures“). Furthermore, the Employer is obliged to amend the existing Risk Assessment Act, adopted in accordance with the health and safety regulations at the workplace, and to include the Plan for the implementation of measures as its integral part.
The Ministry adopted the Plan for the implementation of measures related to the employees within the Ministry, which can serve as an example for employers for the purpose of compliance with the Rulebook.
The Rulebook prescribes the content and mandatory elements that the Plan for the implementation of measures must contain, as follows:
1) Preventive measures and activities,
2) Control over the implementation of preventive measures and activities,
3) Measures and activities in case of the occurrence of an infectious disease.
Also, the Rulebook prescribes in detail the obligations of the employer in terms of the application of preventive measures, among other things, the adoption of instructions for employees, regular notification of employees, provision of disinfectants for employees, regular disinfection, and ventilation of workspace, etc.
The Rulebook also prescribes the obligations of employees, which primarily relate to conformity to all preventive measures and activities, maintenance of personal hygiene, and notification of the employer in case of the occurrence of symptoms of an infectious disease.
Given that the Rulebook entered into force on 11 July 2020, the employers are obliged to harmonize their operations with the obligations prescribed by the Rulebook and to adopt the Plan for the implementation of measures no later than 10 August 2020.
Although the Rulebook itself does not prescribe any punitive measures, they are prescribed by the Law on Health and Safety in the Workplace[2] (“Law”). The Law prescribes that, if the employer “does not amend the Risk Assessment Act in case of any new danger and changed risk level in the work process” it shall be fined in the amount ranging from RSD 800,000 to 1,000,000. The prescribed fine for employees who do not obey the prescribed measures ranges from RSD 10,000 to 20,000.
[1] Official Gazette of RS, no. 94/2020
[2] Official Gazette of RS, no. 101/2005, 91/2015 and 113/2017 – other law
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