Medical professionals' rights at work during the state of emergency

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...

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Main Authors: Reljanović Mario, Misailović Jovana
Format: Article
Language:English
Published: Faculty of Law, Niš 2022-01-01
Series:Zbornik Radova Pravnog Fakulteta u Nišu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2022/0350-85012296079R.pdf
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author Reljanović Mario
Misailović Jovana
author_facet Reljanović Mario
Misailović Jovana
author_sort Reljanović Mario
collection DOAJ
description 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.
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spelling doaj.art-e7e3d18f81804a329438b17e948751602022-12-26T22:48:05ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162022-01-016196799810.5937/zrpfn1-404330350-85012296079RMedical professionals' rights at work during the state of emergencyReljanović Mario0Misailović Jovana1Institut za uporedno pravo, Beograd, SerbiaInstitut za uporedno pravo, Beograd, SerbiaDuring 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.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2022/0350-85012296079R.pdfmedical professionalsrights at workworking hours in a special mode of workstate of emergencymandatory dutychange of workplace
spellingShingle Reljanović Mario
Misailović Jovana
Medical professionals' rights at work during the state of emergency
Zbornik Radova Pravnog Fakulteta u Nišu
medical professionals
rights at work
working hours in a special mode of work
state of emergency
mandatory duty
change of workplace
title Medical professionals' rights at work during the state of emergency
title_full Medical professionals' rights at work during the state of emergency
title_fullStr Medical professionals' rights at work during the state of emergency
title_full_unstemmed Medical professionals' rights at work during the state of emergency
title_short Medical professionals' rights at work during the state of emergency
title_sort medical professionals rights at work during the state of emergency
topic medical professionals
rights at work
working hours in a special mode of work
state of emergency
mandatory duty
change of workplace
url https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2022/0350-85012296079R.pdf
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