COMMENT
More Detailed Regulating Of Work From Home MILENA JAKŠIĆ PAPAC President of the FIC Human Resources Committee (Karanović & Partners o.a.d.)
With the lifting of the state of emergency, employers remain with inflexible regulations for contracting work from home. This indicates the need for more detailed regulating of various forms of remote work undertaken beyond the employer's premises, particularly work from home. Alongside this, digitalisation in labour legislation should generally be applied more broadly
T
from the aforementioned decree eased the organisation of he experience of the COVID-19 pandemic has had work from home during one period, with the end of the state a lasting impact on many business processes. The of emergency employers were left with inflexible regulations functioning of companies during this period accelefor contracting work from home. rated the introduction of the flexible organisation or Also coming to the fore is the issue of the way employers work and the use of modern technologies in daily operations. fulfil their obligations in the area of health and safety at work Simultaneously, the pandemic highlighted the need for the as it relates to employees who work partially or completely more detailed regulating of various forms of remote work from home. The lack of specific guidelines in this regard has undertaken beyond the employer's premises, particularly led to numerous confusions among employers, especially work from home, which was organised by a large number in terms of how they estimate risk and ensure the impleof employers in Serbia in a short period of time. The lack of a practical approach in existing regulations was overcome mentation of health and safety at work measures when the to a certain extent through working environment becothe adoption of the Decree mes an employee's apartment on organising the work of or house. It is necessary to enable the employers during the state Additionally, employers issuance of medical certificates of emergency, with which have been confronted by a employers were allowed to series of legal shortcomings in electronic form, instead of paper, enable the conducting of work or ambiguities when it comes and to enable direct delivery from home on the basis of a to absences from work that general act, or on the basis emerged as necessities during to the employer via e-mail of a unilateral decision of the the state of emergency, such as employer. Despite being eased the absence of employees sent greatly, this approach further emphasised the impact of home to self isolate, without the issuance of confirmations administrative burdens, which are a consequence of strict and reports from doctors on temporary incapacity to work, legal rules on the personal delivery of such decisions, but or the absences of parents due to the closing of schools. As also other labour legislation documents to employees, at the a consequence, there have been increased instances of the premises of the employer, at the employee's place of residence abusing of the right to be absent from work on these grounds. or via posting on the bulletin board of the employer. This There has also been recognition of the need to enable the has become particularly prominent among employers who issuance of medical certificates in electronic form, instead have the ability to formally communicate with employees via of paper, and to enable direct delivery to the employer via e-mail, various electronic applications or similar channels of e-mail, as well as for digitalisation in labour legislation electronic communication. Finally, although such a solution regulations to be applied more broadly. ■ 60
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