The Ministry of Labour, Employment, Veteran and Social Affairs (hereinafter: The Ministry) is regarding to managing employers and the regulation of rights and obligations arising from labor relations in a declared state of emergency, published an explanation of the rights and duties of employers and employees.
In addition to the legal options we have previously pointed out in our analyzes and blogs, the ministry in charge, with the appeal to employers, to clarify the nature of such work, that is, the financial obligations of the employer who they make the case to the employee.
In the case of referraling employees to work outside of the employer’s premises, videlicet referraling employees to work from home, according to explanation of the Ministry, employees which are performing the tasks he/she is entrusted (hence, are not absent from work) are entitled to salary, as are employees who work in their workplace.
The only and significant difference is the fact that employees who work from home are not entitled to reimbursement of transport costs for arrival and departure from work unlike employees working inside the employer’s premises, as well as to reimbursement of other expenses related to this kind of the organisation of work.
The Ministry indicated that in occurrences where employer could not provide work from home, he shall provide working conditions and organize tasks for securing safety, life and health.
Therefore, in the state of emergency employees referred to work from home by the employer, in accordance to Decree on the organization of work of employers during the state of shall be entitled to salary, but shall not be entitled to reimbursement of expense for commuting to and from work (Art. 118, par. 1, point 1) of the Labour Law) in view of the fact that mentioned expense de facto is nonexistent.
Intire elucidation could be found on the web site of The Ministry of Labour, Employment, Veteran and Social Affairs: https://www.minrzs.gov.rs/sr/aktuelnosti/vesti/detaljno-objasnjenje-prava-i-obaveza-radnika-i-poslodavaca-u-toku-vanrednog-stanja
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