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On 12 December 2025, the Law on the Exchange of Data, Documents and Notifications in Cases of Temporary Incapacity for Work Using the “e-Sick Leave – Employer” Software Solution (“Law”), entered into force.
The Law introduces a mandatory electronic platform "e-Sick Leave - Employer " ("Platform") to be used by employers for the exchange of information relating to the employee's temporary incapacity for work ("Sick Leave") with healthcare institutions and the Serbian Health Insurance Fund.
As of 1 January 2026, employers are obliged to use the Platform in order to receive:
Starting from 1 April 2026, employers are obliged to use the Platform to submit:
The mandatory use of the Platform by employers that are registered as entrepreneurs (in Serbian: preduzetnici) is postponed until 1 January 2027.
Practical guidance for employers on how to register with and access the Platform is available on the Office for IT and eGovernment’s website. All technical matters regarding the use of the Platform will be further regulated by a bylaw to be adopted by 1 January 2026.
From 1 January 2026, the provisions of the Labour Law (i) requiring employees to provide their employers with a hard copy certificate on Sick Leave (Article 103 of the Labour Law), and (ii) stipulating that the failure to provide such a certificate constitutes grounds for termination of employment due to a breach of work discipline (Article 179 paragraph 3 item 2 of the Labour Law), shall cease to apply.
As of the same date, the provisions of the Law on Health Insurance requiring employees to notify their employer on the assessments of the medical commission regarding their Sick Leave shall also cease to apply.
From a data protection perspective, it is important to note that the certificates and reports on Sick Leave which employers receive through the Platform will not contain information regarding the employee’s diagnosis or illness, unless the employee requests that such information be disclosed to the employer.
With respect to the sanctions prescribed by the Law, failure of an employer to access and use the Platform constitutes a misdemeanor and may result in monetary fines. Specifically, an employer that is a legal entity may be fined up to RSD 200,000 (approx. EUR1,700), while its responsible person or its legal representative may be fined up to RSD 25,000 (approx. EUR 210). On the other hand, an employer that is registered as an entrepreneur may be fined up to RSD 50,000 (approx. EUR 420).
The information herein does not constitute legal advice and is provided for informational purposes only.
