CONTENT: 1. Safety and Health at Work 2. Conditions for the Assignment of Employees to Temporary Work Abroad and Their Protection

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1 CONTENT: 1. Safety and Health at Work 2. Conditions for the Assignment of Employees to Temporary Work Abroad and Their Protection 1. Safety and Health at Work Serbian Parliament adopted the Law on Amendments to the Law on Safety and Health at Work, which entered into force on 13 November The adopted amendments are based on the solutions contained in the Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work ( Directive ) and other directives related to this field. We offer an overview of the most interesting legal novelties. I. Expanding the term employer One of the more important amendments is a more precise definition of the term employer, in the sense that certain categories of natural persons may now be considered to be an employer, with the exception of the head of a household and a family farm. II. Introduction of additional obligations for employers a) Taking fire-fighting, rescue and evacuation measures Another novelty is the introduction of the obligation for employers to provide adequate measures for fire-fighting, rescue and evacuation in accordance with a special law, to be more precisely defined under a special by-law. b) Reporting works on removal of major breakdowns or damages The employers performing works on removal of major break-downs or damages to facilities, which may jeopardize the functioning of technical and technological systems or performance of business activities, must report the works without delay, orally and in writing, to the relevant labour inspection office.

2 c) Providing the use of work equipment and/or materials and equipment for personal protection at work The amendments offer a more precise definition of the terms and conditions under which the employer provides the use of work equipment and the materials and equipment for personal protection at work, envisaging that these may be made available for use only if: (i) they comply with the prescribed technical requirements, (ii) their compliance is established according to the prescribed procedure, (iii) they are labelled in accordance with the regulations, and (iv) they are accompanied with the prescribed documents of conformity and other necessary documentation. Furthermore, it is envisaged that dangerous chemical substances and other chemical substances requiring preparation and submission of safety data sheets may be made available for use to employees by the employer only if safety data sheet has also been made available, in accordance with the regulations governing chemicals, and if all measures under the safety data sheets have been ensured. d) Training programme for employees Under the present amendments, the employer must ensure that each worker receives adequate safety and health training, in accordance with the Safety and Health Training Programme, to be adopted by the employer and revised and amended as required. e) Periodic testing of employees occupational health and safety competencies Occupational health and safety competencies of employees at workplaces involving increased risk must be tested within one year from the last test taken, and for other employees not later than within four years from the last test. f) Employer s records related to safety and health at work In addition to other previously prescribed records, employers are now required to keep: (i) records of issued materials and equipment for personal protection at work and (ii) records on medical examinations of employees in accordance with the regulations on safety and health at work. f) Records of employers in the field of safety and health at work

3 III. Organization of occupational health and safety activities by the employer Under the amendments, the employers who: (i) perform some of the non-production activities defined in the law, and (ii) have up to 20 employees, are allowed to independently organize and perform activities related to the safety and health at work even without having taken a professional exam. On the other hand, with regard to some high-risk jobs (in building, agriculture, forestry, fisheries, mining, processing industry, etc.), the level of competencies required of persons engaged in occupational health and safety activities at the employer has been raised by introducing an obligation for employers to designate for such activities a person who has acquired at least a degree in undergraduate academic studies corresponding to a minimum of 180 ESPB credits, undergraduate academic studies, or studies lasting up to three years in the appropriate scientific or professional field. IV. Novelties related to the conditions for obtaining licences in the field of health and safety at work The present amendments tighten and add new conditions for obtaining licences in the field of safety and health at work, namely: (i) licences for performing the occupational health and safety activities, (ii) licences for inspection and testing of work equipment and testing of working environment conditions and (iii) licences for performing the tasks of the responsible person, by introducing additional requirements in terms of possessing the appropriate level of qualifications, work experience etc. V. Commencement of application of the amendments The amendments to the Law on Safety and Health at Work entered into force on 13 November However, the commencement of application of certain provisions of the Law has been delayed in order to allow employers and other legal entities to bring their operations in compliance with the new legal requirements, as follows: a) A person performing the occupational health and safety tasks on 1 December 2017, who has not fulfilled the requirements under the law (for example, does not hold a higher education diploma, does not have sufficient work experience, etc.) may continue to perform such

4 tasks until fulfilment of the requirements stipulated by the law, however not longer than five years. b) Legal entities and entrepreneurs who have been issued licences under the old Law on Safety and Health at Work, must bring their operations into compliance with the amendments within one year from entry into force of the Law, or until 13 November c) Legal entities and entrepreneurs who were issued licences five or more years ago are required to apply for renewal of licences in accordance with the Law no later than 30 days from entry into force of Law, and legal entities and entrepreneurs who were issued licences within the past five years are required to apply for the renewal no later than 30 days before expiry of five years from the date of issue of the licence. Miloš M. Jovanović, Attorney-at-Law 2. Conditions for the Assignment of Employees to Temporary Work Abroad and Their Protection I Introduction The National Assembly of the Republic of Serbia has adopted the Law on Conditions for the Assignment of Employees to Temporary Work Abroad and Their Protection("RS Official Gazette", No. 91/2015). The Law entered into force on 13 November 2015 and shall be applicable as of 13 January This Law provides for the rights of employees assigned to temporary work abroad, as well as the conditions, procedures and obligations of employers related to such assignment. II Definition of assignment The term assignment to temporary work abroad is deemed to refer to the cases of employees being temporarily sent outside of Serbia by their employers in order to: 1.) work for the employer (e.g. within a business group) or 2.) attend training as required by their employer.

5 The assignment to temporary work abroad of the employees with indefinite-term employment contracts is subject to no legal limitations in terms of duration of assignment. On the other hand, the employees with fixed-term employment contracts may be assigned to work abroad only for the duration of their employment contracts, however, the time they spend at work abroad is not counted towards the maximum statutory term of the fixed-term employment. III Employee's consent An employer who intends to assign an employee to work abroad must obtain such employee s prior written consent for the assignment, except in cases when his/her employment contract provides for the possibility of assignment to work abroad, when such consent by the employee is not required. The Law specifies the cases when employees may refuse to be assigned to work abroad (e.g. pregnancy, when the employee has a child under the age of 3 ). IV Employer s obligations The employer is obligated to: - conclude an Annex to the employment contract with the employee relating to the assignment abroad, - register the change of the grounds for the employee s insurance (as a result of the assignment) with the Central Register of Statutory Social Insurance, - provide to the employee: a.) statutory insurance (health insurance, pension and disability insurance, and insurance in case of unemployment); b.) working conditions in accordance with the regulations governing health and safety at work; c.) accommodation, meals and transportation for commuting to and from work- in accordance with the standards applicable in the country to which the employee is assigned, or in accordance with the employment contract/ work rules if more favourable for the employee); d.) salary which may not be lower than the guaranteed minimum salary according to the regulations of the country to which the employee is assigned; e.) preparation for the assignment to

6 f.) temporary work abroad which includes the obligation on part of the employer to inform the employee about the living conditions in the country and the city to which the employee is being assigned, to provide transportation and health checks and to procure work and residence permits; contact person at the place of work whom the employee may contact for any information he/she may require. V Procedure of notifying the Ministry The employer is obligated to submit to the Ministry in charge of labour issues a duly filled-out Notification of Assignment form not later than one day preceding the date of assignment. Furthermore, within seven days following the date of assignment, the employer must provide to this Ministry a Certificate issued by the Central Register of Statutory Social Insurance containing the list of the employees assigned to temporary work abroad. VI Penalty Provisions A breach of the Law will give rise to misdemeanour liability of the employer and the responsible person of the employer punishable by a fine ranging between RSD and RSD and between RSD and respectively. The assignment to temporary work abroad of the employees with indefinite-term employment contracts is subject to no legal limitations in terms of duration of assignment. Ivana Stefanović, Attorney-at-Law ivana.stefanovic@tsg.rs DISCLAIMER: The information contained in this newsletter is for general information purposes only and it does not claim to be comprehensive. Furthermore, this text may not serve as a substitute for legal advice in any given legal case.