The Office for Information Technologies and Electronic Administration has prepared the Draft Law on the Exchange of Data, Documents, and Notifications in Cases of Temporary Work Incapacity Using the Software Solution "e-Sick Leave - Employer" (“Draft Law”). This legislation introduces a mandatory digital system for data exchange among employers, primary care physicians, and the Republic Health Insurance Fund (“RHIF”).
What the Draft Law Brings?
The Draft Law establishes a unified, mandatory electronic system for:
This system eliminates the employee's obligation to submit reports and notifications to the employer, thereby reducing administrative burdens for both employees and employers.
In essence, the current process based on paper documentation, manual exchange of documents, and limited interaction among participants is replaced by a modern, digitized, unified, and reliable system that significantly enhances transparency while simultaneously reducing costs and administrative burdens.
Who Falls Under the New Regime?
The Draft Law primarily applies to employers who employ insured individuals entitled to salary compensation. It explicitly defines the term "employer" to include business entities, state authorities’ bodies, public notaries, entrepreneurs who employ at least one person, among others, while also specifying certain exceptions, such as members of the Security Information Agency (BIA), military personnel, and individuals employing domestic household staff.
Roles of Participants in the "e-Sick Leave - Employer" System
Employers will be required to register as e-Government users and utilize the system to receive certificates and reports on temporary work incapacity, submit requests for salary compensation calculations, monitor their status, and file objections.
Primary care physicians will be obliged to issue electronic certificates, which are automatically delivered to the employer via the "e-Sick Leave - Employer" system, while the RHIF determines the salary compensation calculation based on the employer’s submitted request.
Oversight and Sanctions
Inspections will be conducted by the Labor Inspectorate, Administrative Inspectorate, and Health Inspectorate, with oversight of RHFI operations expected from the Ministry of Health.
Financial penalties are foreseen for failure to access the "e-Sick Leave - Employer" system, ranging from RSD 200,000 to 500,000 for employers, and from RSD 5,000 to 50,000 for the responsible individual within a legal entity.
Implementation Timeline
The Draft Law provides that it will enter into force on the eighth day following its publication in the Official Gazette of the Republic of Serbia, with staggered implementation as follows:
It remains to be seen whether the Draft Law will be adopted in the form analysed here or whether it will undergo amendments during public and parliamentary discussions.
Minja Mucić, Junior Associate
minja.mucic@prlegal.rs; legal@prlegal.rs;