On 12 December 2025, the previously announced Law on the Exchange of Data, Documents and Notifications in Cases of Temporary Incapacity for Work Using the Software Solution “e-Sick Leave – Employer” (Official Gazette of the Republic of Serbia No. 109/2025) (“Law”) entered into force, as discussed in our earlier articles available here and here.

Subject Matter of the Regulation

The Law regulates the exchange of data, documents, and notifications between users of the software solution “e-Sick Leave – Employer” (“System”) and the information and communication systems of the Ministry competent for health affairs and the mandatory health insurance organization, within the procedure for exercising rights arising from temporary incapacity for work, as well as the rights and obligations of the persons involved in such exchange.

Application Deadlines

• General application of the Law begins on 1 January 2026;
• Article 13 of the Law, relating to the obligation of employers to register and access the System, applies as of the date the Law enters into force;
• Article 4, paragraph 1, items 2 and 3 of the Law, relating to the submission of requests for the calculation of compensation, receipt of calculations, and procedures following objections – apply as of 1 April 2026.

 Employers’ Obligations

Pursuant to Article 4 of the Law, employers are required to access and use the System for the purpose of:

• receiving certificates and reports on temporary incapacity for work;
• submitting requests for the calculation of salary compensation during temporary incapacity for work and receiving the calculations from the competent authority;
• submitting objections, i.e. requests, and receiving notifications containing data on the assessment of the first-instance or second-instance medical commission following a submitted objection or request;
• receiving notifications containing data on the assessment of the first-instance medical commission based on the proposal of the selected physician.

The above documents shall be exchanged in the form of electronic documents. The manner of access to and use of the System, establishment of connections with other information and communication systems, the detailed content of electronic forms of certificates and reports provided for in the Law, as well as other matters relevant to the functioning of the System, shall be jointly regulated by the Minister competent for health affairs and the Director of the Office, through a regulation to be adopted by 1 January 2026.

Personal Data Protection

The Law provides that information on an employee’s or insured person’s diagnosis or illness may be made available to the employer exclusively at the request of the insured person, with the mandatory application of personal data protection measures. This ensures privacy and controlled access to sensitive medical data.

Inspection Supervision and Penalties

Inspection supervision shall be carried out by the Labour Inspectorate, administrative and health inspections, each within its respective scope of authority.

For failure to access the System, monetary penalties are prescribed as follows:

• for an employer – a legal entity: RSD 50,000 to 200,000;
• for an entrepreneur employing one or more persons: RSD 10,000 to 50,000;
• for the responsible person or representative of an entrepreneur in a legal entity: RSD 5,000 to 25,000.

Statutory Provisions Ceasing to Apply

Finally, as of the date of commencement of the application of the Law, i.e. 1 January 2026, the following provisions shall cease to apply to employees:

• Article 103 and Article 179, paragraph 3, item 2 of the Labour Law, which prescribed the employee’s obligation to submit to the employer, no later than three days from the occurrence of temporary incapacity for work, a physician’s certificate containing the expected duration of incapacity, as well as the employer’s right to terminate the employment agreement due to failure to submit such certificate or breach of work discipline; and
• Article 152, paragraph 5 and Article 154, paragraph 6 of the Health Insurance Law, insofar as they relate to the obligation of the insured person to notify the employer of the assessment of the medical commission regarding temporary incapacity for work.

Conclusion

How the System will be applied in practice and the extent to which it will improve the day-to-day functioning of employers and employees remains to be seen in the coming period.

Nevertheless, it is expected that the System will significantly simplify procedures and reduce costs and administrative burdens.

This article is for informational purposes only and does not constitute legal advice. Should you require additional information, please feel free to contact us.