Given that the state of emergency is still in force in the Republic of Serbia, new regulations are still being adopted and new measures announced for adjustment to the new situation and remedying its anticipated effects.

Here are the key novelties from the past few days:

a. Economic measures

The Minister of Finance presented the Programme of economic measures to support the economy in the total amount of EUR 5,1 billion. Among other, the programme includes tax measures, direct assistance for private sector, measures for preserving liquidity and moratorium (ban) on dividend payment.

The Ministry announced that the application of these measures could start in mid-May this year.

As regards the payment of the announced state aid to entrepreneurs, micro, small and medium-sized companies in the amount of three minimum wages, it is expected to be paid to special-purpose accounts in order to avoid any possible misuse.

Only general information about the announced measures are known so far, whereas more information will be available upon the adoption of implementing regulations for these measures.

A special Coordinating body for implementation of the Programme of economic measures has also been established.

 b. Employment and social protection

Pursuant to the Conclusion of the Government of Serbia, employers have been recommended that employees subject to temporary leave from work due to the confirmed COVID-19 disease, isolation or self-isolation ordered in connection with such disease, which resulted from the direct exposure to risk during the performance of their job and working duties i.e. official duties and contacts with persons who had been confirmed the COVID-19 disease or ordered isolation or self-isolation measure, should be ensured the payment of 100% salary compensation.

Employee shall justify the stated leave from work by decision of the competent authority (sanitary inspector, body in charge of controlling state border crossing, customs authority, excerpt from the records of the Ministry of Interior etc.) or by medical report on temporary inability to work (certificate of illness), in accordance with law. It is also possible to apply for issuance of a certificate on imposed measure of isolation (more information here).

In order to ensure this right, for the first 30 days of leave from work, the salary compensation would be paid from the employers’ own funds and starting from 31st day of leave, the salary compensation would be paid by ensuring the legally prescribed minimum compensation from the mandatory social insurance while the employers would cover the amount up to 100% of salary basis from their own funds.

Also, the Ministry of Labour, Employment, Veteran and Social Affairs published a notice on their website, stating explicitly that for directing an employee to paid leave up to 45 working days it is sufficient to provide the employer’s decision, in which case it is not necessary to apply to the ministry for consent, which is in line with Article 116 of the Labour Law. The stated request to the ministry is only submitted when an employer estimates that the employees’ paid leave will need to exceed 45 working days.

By a special conclusion, the Government recommended to employers that the employees who are obliged to perform their working duties during the state of emergency be enabled to use a part of their annual leave for 2019 until 31 December 2020, inclusive (instead of 30 June).

On the other hand, the conclusion states that, for the employees working from home during the state of emergency, the employers shall enable the use of a part of 2019 annual leave in accordance with law i.e. until 30 June 2020, which confirms the regime established by the Labour Law (Article 73, para. 2).

The Government also recommended to the employers who are unable to organize their working process in the state of emergency, before sending their employees to leave in accordance with law, give priority to the use of annual leaves by employees.

In addition, although the subjects of right to salary compensation during special child care and other compensations based on special child care, whose right expired on 15 March 2020 or later, had such right automatically extended under previously adopted decision for maximum three months i.e. until the end of the state of emergency, they shall remain obliged to report any change in their employment status relevant for salary compensation payment to the competent child protection service.

The issuance of movement permits to the citizens for performance of social protection services i.e. in-home support, and for regulating parenting time according to court decisions (taking and returning the child to one of the parents) shall be done by filing a request to local self-government unit, along with necessary documentation to support the reason for issuance of such permit. The local self-government unit shall, after the verification, submit the requests to the Ministry of Labour, Employment, Veteran and Social Affairs which will, upon verification, address the request to the Ministry of Interior for issuing the permit.

c. Prohibition of certain businesses

During the state of emergency in the territory of the Republic of Serbia, certain business activities shall be banned, namely: hairdressers and cosmetic services, pedicure, manicure, fitness and gyms, Turkish baths, saunas and steam baths, tanning salons, weight-loss salons, massage salons and other services of beauty care, maintenance and beautification of face and body whose nature requires close contact between service provider and service user and among service users themselves, which increases the risk from spreading of COVID-19 disease.

d. Protective equipment

The Government of the Republic of Serbia restricted retail prices of protective equipment – masks and gloves during the state of emergency due to COVID-19 disease caused by virus SARS-CoV-2. The equipment concerned is distributed by the Republic Fund for Health Insurance to economic entities for the purpose of timely and balanced market supply, whereas the price for a mask may not exceed RSD 120,00 a piece and the price for gloves may not exceed RSD 40,00 a piece.

Also, the amounts of protective equipment to be delivered to a natural person – end user during the state of emergency are also limited – one person may purchase no more than ten masks and 20 pieces of gloves, respectively.

e. Customs reliefs

Ethyl alcohol, 80% vol or stronger, undenaturated, from tariff line 2207 10 00 00 of Customs Tariff has been exempted from customs duties in the period until 1 May 2020.

f. Lottery games

During the state of emergency declared in the Republic of Serbia i.e. during the risk from spreading of COVID-19 disease caused by virus SARS-CoV-2, it is prohibited to organise special and classical games of chance, except by means of electronic communication such as Internet, phone, television, radio, SMS and any other form of electronic communication.

g. Public information

On 28 March 2020, the Government passed a conclusion establishing the form of public information on the state and consequences of pandemics. The conclusion stipulates that Crisis committee for suppression of COVID-19 disease shall be in charge of information on the abovestated, that it is chaired by the Prime Minister and that the Prime Minister or a person appointed by the Crisis committee shall issue all information to the public.

Only a few days after its adoption, the conclusion was put out of force, among other due to the intensive reaction of public to the arresting of an electronic media journalist.

After that the Government passed a special conclusion for performance of epidemic surveillance of COVID-19 disease caused by virus SARS-CoV-2, whereby it established a single and centralised software solution – Information system COVID-19 (IS COVID-19) that is set up and managed by the Institute for Public Health “Dr Milan Jovanović Batut”, with technical support from the Office for IT and eGovernment and Republic Fund for Health Insurance.

Interestingly enough, it is prescribed that public administration authorities shall be obliged, when publishing the information related to the COVID-19 disease epidemics, to present to the public the information taken over from this software solution.

h. Hearing of the accused in criminal proceedings

After the legality of video link trials had been challenged, which we commented in our previous post, the Government passed a special Regulation on administration of criminal proceedings through video link during the state of emergency.

It is prescribed that in first instance criminal proceedings, if the president of the council i.e. individual judge finds that the presence of the accused who is in detention is aggravated by the risk from disease spreading, the presence of the accused in main hearing may be organised through technical devices for transfer of picture and tone, given that the technical requirements allow it.

It certainly remains to be seen whether the constitutionality and legality of such Government act would be subject to assessment.

i. Movement prohibition

The regulation on general prohibition of movement for persons has been amended again. The movement of persons during weekends has been prohibited in the Republic of Serbia, starting from 13h on Saturday until 5h on Monday.

From 4 April 2020, it is again permitted to walk pets in the evening hours i.e. from 23h until 1h the next day, as well as on Sunday from 8h to 10h, in the duration of 20 minutes and not more than 200m away from the place of residence i.e. stay.

Collective movement or stay in an open public space is now limited to two persons, except for parents with underage children. Due to the hyper production of regulations in a short period of time, it is obvious that their legislators cannot process all aspects of individual problematic situations. For instance, the appropriate exceptions are lacking for all non-parents taking care of children (custodians, foster parents, adopting parents), as well as adult children with certain physical and mental disabilities, whose movement almost absolutely requires the company of parent(s). In practice, this exception must be undeniably construed to the benefit of the stated persons.

This article is to be considered as exclusively informative, with no intention to provide legal advice.
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