New Occupational Health and Safety Law in Serbia: What Employers Need to Know About Workplace Injuries, Remote Work and Foreign Workers
The recent appearance of attorney Jovana Ilić on Serbian national television opened several practical questions that employers increasingly face in everyday operations — from remote work and workplace injuries to employer liability, foreign workforce management, and employee training obligations.
Occupational health and safety has traditionally been viewed as an administrative or compliance function. However, in recent years, and particularly following legislative changes and new implementing regulations, this area has increasingly become a matter of risk management, business continuity, and employee protection.
These developments are especially relevant for sectors such as construction, logistics, manufacturing, and industry — but also for companies employing a growing number of foreign workers in Serbia.
One of the practical questions highlighted during the discussion concerns situations where employees do not speak Serbian — or in some cases, do not speak English either — raising important questions about effective health and safety training and the employer’s ability to demonstrate that instructions were actually understood.
Are Stricter Rules Producing Results?
One of the topics discussed by attorney Jovana Ilić was the shift in approach toward occupational health and safety.
Employers today generally show greater attention to workplace safety than in previous years.
This change is driven not only by increased awareness, but also by a stricter regulatory framework, additional obligations, updated rulebooks, and more significant sanctions for non-compliance.
From practical experience, it appears that the combination of:
- preventive measures,
- employee education,
- stronger controls,
- and increased employer accountability,
contributes to reducing workplace injuries.
What Happens After a Workplace Injury — Does Every Case End Up in Court?
Interestingly, many workplace injury cases never reach a final court decision.
Instead, a significant number of matters are resolved before formal proceedings begin.
In practice, this often means:
- negotiations between the parties,
- assessment of liability,
- and out-of-court settlement discussions,
after which compensation may be agreed without lengthy litigation.
Naturally, every situation depends on its specific facts and circumstances.
Does the Court Determine Disability?
One common misunderstanding is that courts determine whether an employee is disabled.
In practice, courts generally do not determine disability status.
Instead, court proceedings typically focus on:
- legal grounds for liability,
- existence of damage,
- and the amount of compensation.
Questions relating to medical evaluation and work capacity assessment usually belong to separate procedures and competent institutions.
Partial Disability — The Challenge That Comes After the Injury
A particularly sensitive situation arises when an employee remains partially capable of working after a workplace injury.
At that point, several practical questions emerge:
- Can the employee continue working?
- Which duties remain appropriate?
- Who determines work capacity?
- Is there a suitable position available?
For employers, these situations often become one of the most difficult parts of post-injury management.
Foreign Workers and Health & Safety Training — One of the Biggest Practical Questions Today
This may be one of the least discussed, yet increasingly important issues.
What happens when employees do not understand Serbian?
Or when they understand neither Serbian nor English?
Employers remain responsible for organizing training and ensuring that employees understand occupational health and safety requirements.
The fact that training formally took place does not necessarily mean the employee truly understood:
- workplace risks,
- procedures,
- prohibited conduct,
- emergency measures,
- and safe working methods.
As a result, companies increasingly face questions such as:
- Should training be delivered in the employee’s native language?
- Is an interpreter sufficient?
- How should understanding be documented?
- How can employers demonstrate that training was effective?
In practice, education becomes just as important as documentation.
For companies engaging international workforces, this issue increasingly affects compliance, risk exposure, and future dispute prevention.
Illegal Employment Does Not Remove Employer Responsibility
Although undeclared employment is prohibited, this does not eliminate occupational health and safety obligations.
On the contrary.
Employers may still face:
- civil liability,
- administrative and misdemeanor liability,
- and in certain situations, criminal exposure.
Workplace injuries involving undeclared workers can create additional legal and compliance challenges.
Workplace Injuries During Remote Work — Who Is Responsible?
Remote work introduced entirely new questions.
As a general principle, employers may still bear responsibility for damage occurring during work-from-home arrangements.
However, this principle is not absolute.
There are numerous circumstances that may influence whether responsibility exists or whether liability can be excluded.
An additional challenge is that legislation does not provide fully precise criteria for every scenario, which means general legal principles and case-specific assessment remain important.
For that reason, well-structured internal policies, remote work procedures, and documented communication with employees are becoming increasingly valuable.
The New Law Is Not Only About Penalties — It Is About Building a Safety Culture
Legislative changes should not be viewed as another administrative obligation.
Their broader purpose is to:
- prevent injuries,
- increase accountability,
- improve education,
- and raise workplace protection standards.
For employers — especially those managing international workforces — occupational health and safety is increasingly becoming a matter of business risk management.
Companies that proactively align internal procedures, employee training, and documentation are often better positioned to reduce disputes, improve compliance, and maintain operational stability.
Based on the television appearance of: Jovana Ilić, Attorney at Law, STATT / Stojković Attorneys
