Employment Update

On 03^rd of April, 2019, the National Assembly of the Republic of Serbia has adopted new Law on Health Insurance (hereinafter referred to as: “the Law”). The main reason for the adoption of the new Law on Health Insurance is the need to harmonize the health insurance system with modern achievements in this area by establishing compulsory and voluntary health insurance, the need to include as many citizens as possible in the system of compulsory health insurance, expanding the scope of rights of compulsory health insurance in accordance with available financial resources and the need to harmonize the compulsory health insurance system with other systems that regulate compulsory social security.

Novelties and the most important amendments and supplements implemented in labor legislation

• Expanding insurance grounds for insured – introducing two insurance grounds for entrepreneurs and for persons receiving pension or invalidity exclusively from foreign insurance company, who have permanent or temporary residence or permanent residence or temporary stay in the Republic of Serbia, as well as introduction of insurance grounds based on performance the work of a public notary and a public enforcement officer, for victims of terrorism and war fighters;
• Introducing a package of health services covered by compulsory health insurance and waiting lists for certain types of health services;
• All adult insured persons, not just women, have the right to preventive and other medical examinations related to family planning and prevention, early detection and suppression of illness and other health disorders;
• Possibility to determine by-laws for medical rehabilitation, medicines, medical devices and health services;
• Including jobs of public notaries and public enforcement officers in exercising the right to compensation for remuneration during temporary incompatiblity from work;
• In case of severe damage to the child’s health for children up to age of 18, due to severe damage to brain structures, malignancy or other severe deterioration of the child’s health, the compensation for remunerationis determined in the amount of 100% of the basis for compensation of remuneration, and the extension of the right to compensation Medical Commission in second instance of the Republic Fund estimates every six months;
• Costs of transportation of the remains of the insured person to the permanent residence or place of stay are determined by the means of compulsory health insurance, if such person was subject of transplantation as a donorina health institution which is not in the place of residence of that insured person;
• The reconstruction or correction of both breasts for women who performed mastectomy is provided to them at the expense of compulsory health insurance;
• Compulsory screening in accordance with national programs, and in case of unjustified absence on screening checks, the insured person must pay a maximum of 35% of participation from the price of health care;
• The chosen doctor determines the length of the temporary incompatibility for work of the insured person up to 60 days of incompatibility and doctor specialist who treats the insured person may direct this person to the stationary treatment directly

Legal consequences and obligations og the employer

• If the chosen doctor determines the length of the temporary incompatibility for work of the insured person up to 60 days of incompatibility, compensation for remuneration for the first 30 days of temporary incompatibility is still provided by the employer from his fundsand from the 31st day the compensation for remuneration is provided by the Repulic Fund;
• In case of severe damage to the health of a child up to 18 years of age, the amount of compensation for remunerationis covered in the amount of 100% of the basis for compensation for remuneration, and the extension of the right to compensation Medical Commission in second instance of the Republic Fund estimates every six months;
• The basis for compensation for remuneration paid from compulsory health insurance funds is the average remuneration earned by the insured in the previous 12 months prior to the month in which the temporary incompatibility for work occurred.

If you have certain questions or if you need additional information about the new Law on Health Insurance, please contact your regular contacts at the Živković Samardžić Law Office or Partner and Head of Employment, Ana Popović ana.popovic@zslaw.rs and attorney at law, Filip Erić filip.eric@zslaw.rs.