Medical professionals' rights at work during the state of emergency

Abstract

During the state of emergency declared in the Republic of Serbia in early 2020 due to the Coronavirus (COVID-19) pandemic, medical professionals in the Republic of Serbia were subject to a special regime of work. In performing their professional duties, they were subject to specific restrictions in accordance with the Decision on the State of Emergency, the Defence Act, the Act on Military, Labour and Material Obligations, and the decisions of the RS Government and the Ministry of Health. Their employment position was subject to complex regulations and the organization of their professional duties was highly specific as well. The authors' research includes the normative analysis of their employment status during the state of emergency, with specific reference to some labour-related issues: working hours, work schedule, change of workplace, and the mandatory duty regime based on regulations that did not adequately respond to the current situation caused by the COVID-19 pandemic. The paper points to a more flexible approach to work in the state of emergency, the good and bad characteristics of the current legal framework, and the good and bad practices observed in this regard. Special attention is given to the illegal prolongation of the duration of emergency measures even after the termination of the state of emergency. The author gives recommendations for better regulation of these issues and for strengthening the mechanisms of protection of labour rights of medical professionals in specific (extraordinary) circumstances caused by medical reasons.