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According to the law, patients with crown, as well as those in quarantine, are given sick leave of 65% of their salary, and employers can give the full salary, on the recommendation of the Government of Serbia.
The so-called crown law, that is, amendments to the Law for the Protection of the Population against Infectious Diseases, stipulates that compensation of income or wages during illness, hospital stay or self-isolation if the clinical picture is easier, or prescription of quarantine by contact with an infected person, Caring for patients with kovid 19 who cannot do it themselves is regulated by law, and provides sick leave at 65% of salary. However, the Serbian government’s conclusion on April 3 recommended that employers pay 100 percent for such sick leave. But they don’t have to do that.
Ranka Savić, president of the Association of Free and Independent Trade Unions, tells Kurir that with the adoption of the amendments to the law, payments in the amount of 100 percent of salary became almost impossible.
– The law clearly establishes that the employer is obliged to pay 65 percent of the salary and that sick leave will be treated like any other sick leave, which is regulated in more detail by the Labor Law. The unions don’t support that at all. We sent an initiative to the Ministry of Labor for changes and amendments to the Labor Law, so the employer would be obliged to pay 100 percent leave in the event of an epidemic. It is a practice in the public sector, a decree has been passed according to which doctors are paid 100 percent for sick leave, says Savić.
– Whoever works in the factory also needs this society and the state. A large number of those who know they are infected, and have mild symptoms, will not report it, but will go to work to avoid being deducted from their 35% salary, which is a big difference. We will have even more infections within the collective. No one can trust the government’s recommendation, the solution lies in the amendments to the Labor Law, says Savić.
Attorney Jelena Đukanović
12-month average
Lawyer Jelena Đukanović explains to Kurir that the Government’s conclusion is not limited in time and that there is no legal mechanism that requires private sector employers to pay employees 100 percent of their wages:
– The amount of compensation during sick leave is regulated by the Labor Law and the Health Insurance Law. The compensation for the first month of incapacity for work falls to the employer, and from the 31st it is paid with the funds of the mandatory medical insurance. The amount depends on whether the inability to work arose as a result of an on-the-job injury or an occupational disease, and then it is 100 percent, or it is a non-work-related injury and illness, such as kovid 19, when it is 65 percent of the average monthly salary. made in the last 12 months before the month in which the temporary incapacity for work occurred.
The director of the Serbian Employers’ Union, Srdjan Drobnjaković, states for Kurir that employees should receive 100 percent of their salary during sick leave, according to the recommendation of the Government:
– But the decision in this regard depends on the ethics of the employer. However, there are workers who abuse it in this situation as well. Nobody can predict when the epidemic will end and that is why this problem is being solved through collective agreements of special branches. It is up to the employer to pay or not pay full salary, but I believe that 90 percent of our members pay full salary to workers.
What does the conclusion of the Government of April 3 foresee?
– Employers should grant the worker the right to wage compensation equal to 100 percent of salary.
– During the first 30 days of absence from work, the employer must pay the compensation with its own funds.
– From the 31st day of leave from their own funds, they contribute 35% of the salary
– The employee certifies the absence by decision of the competent authority or a doctor’s report on temporary incapacity for work (remittance)
When does the Government’s conclusion refer to
– Employees who are temporarily absent from work due to confirmed covid 19
– Employees who have been ordered a measure of isolation or self-isolation ordered in relation to that disease
Who is entitled to 100 percent compensation
– doctors
– Medical staff
– members of the army and police
– officials of other public sector services
* This right is recognized by modifications of special collective agreements.
What does the “crown law” say?
– Employees who have been assigned home quarantine are entitled to adequate salary compensation, that is, salary, in accordance with the law, and the decision of the health inspector when determining the quarantine measure also represents a certificate of incapacity to work while the measurement lasts.
– If the home quarantine measure is determined for a child under 14 years of age or a person who is not capable of caring for himself and the protection of his rights and interests, the decision is issued to the parent or guardian.
– For the parent, that is, the guardian of a preschool-age child or a person who should not be left unattended by law, the decision of the health inspector also represents a certificate of inability to work for the duration of the quarantine measure in the home determined for that decision.
Photo / Source: Shutterstock / Kristina Vasković
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