Recent Amendments to Labor Law in Slovenia: The Right to Disconnect After Working Hours and During Leave – Is It Possible To Introduce This Right Into Serbian Legislation?

The recent amendments to the labor law in Slovenia introduce the right for employees to disconnect during daily and weekly rest periods, annual leave, or other justified reasons for absence from work. This marks a significant step towards protecting employees in the era of digital capitalism, where the line between personal and work time is increasingly blurred. This amendment allows employees, during their free time, to be unavailable to employers via email, phone, or other communication channels, except in very few cases. If an employer violates this right, they may face fines of up to EUR 4,000.

The question arises as to whether such a right could be introduced in Serbia, where labor law does not recognize the right to disconnect. To explore this possibility, it is necessary to analyze the current legal framework in Serbia and determine what happens to employees who work after working hours, as well as whether employees are adequately compensated in the case of overtime work.

Current situation in Serbia

According to the current Labor Law in Serbia (“Law”), regular working hours amount to 40 hours per week. However, in cases where work exceeds regular working hours, the Law regulates overtime work, while practice also recognizes work that exceeds working hours, although there is a distinction between these two concepts.

• Work exceeding regular working hours refers to situations where an employee stays at work after their regular working hours to perform routine tasks without the employer’s request to work longer. In this case, when there is no employer’s request for the employee to work beyond full-time hours, due to force majeure, a sudden increase in workload, or other situations where it is necessary to complete an unplanned task within a deadline, this does not constitute overtime work, on basis of which the employee would be entitled to increased compensation, but this does not exclude the employee's right to the difference in salary for hours worked over full-time, but without increasing the base.
• Overtime work is defined as any work that exceeds the legally allowed maximum of 40 hours per week. The employer is required to issue a formal decision (a written order to the employee) requesting the employee to work beyond full-time hours and to maintain accompanying documentation regarding when the overtime work occurred. This includes keeping a daily record of overtime. In such cases, the Law stipulates that the employee is entitled to increased compensation, at least 26% more than the base hourly wage.

These differences are important because work exceeding regular working hours does not necessarily have to be paid at an increased rate, while overtime work must be additionally compensated according to the Law. On the other hand, Slovenia regulates overtime work with much less formality; the employer is not required to issue a written decision on overtime work but can request it verbally, in which case it will be considered overtime and adequately compensated. This possibility is explicitly regulated by their labor law, rather than through court interpretations and practices.

Is there a possibility to recognize similar rights in Serbia?

Introducing the right to disconnect in Serbia is not impossible but requires broader societal and political discussion. European countries, including France, have already recognized the importance of this issue and adopted the "right to disconnect" (droit à la déconnexion). Slovenia is now joining this trend, which could inspire other countries in the region, including Serbia, to consider similar measures.

In Serbia, the possibility of introducing this right depends on several factors:

1. political will and social awareness – it is necessary to raise awareness about the importance of balancing private and work life, as well as the consequences of constant availability on employee health.
2. regulatory framework – it is necessary to adjust the Law or introduce new regulations that clearly define employees' rights regarding disconnecting outside working hours, including the ability to ignore calls, emails, messages, and not face sanctions for doing so (either from the employer or colleagues).
3. pressure from trade unions and NGOs – trade unions could play a key role in initiating efforts to introduce such amendments to the Law, similar to what has happened in other countries.

Capitalism – is it coming to an end or just transforming?

A question that often arises with these changes is whether the era of capitalism is coming to an end or whether this is just a phase of adaptation to new societal demands. In essence, these changes seem more like an adaptation of capitalism, or liberal capitalism, rather than its end. Employers are realizing that satisfied and rested workers bring greater long-term benefits, while exhausting the workforce is an unsustainable practice.

Employees are becoming more aware of their rights and the need to protect their personal time, while employers recognize that maintaining a balance between private and work life contributes to long-term success.

Conclusion

Although Serbia does not currently have a legally regulated right to disconnect after working hours, an increasing number of countries are showing interest in this type of employee protection, indicating the potential for such changes to be introduced into the Serbian legal system. If this right were introduced, it would represent a significant step toward modernizing labor legislation and improving the position of employees. However, it might be useful to first regulate overtime work in a way that genuinely benefits employees while preventing potential abuses to the detriment of employers.