Right to Salary Benefit During Temporary Inability to Work Due to COVID-19

Abstract In 2020, the Government of Republic Serbia brought a non-binding conclusion that recommends employers raise amount salary benefit from 65 to 100% in all cases involving contagious SARS-COV-2 virus, which differs general norm for other medical reasons. This recommendation becomes binding only upon being incorporated relevant act (mainly those funded RS budget), and it does not depend on any additional factors: whether employee is vaccinated or not, he/she refuses treatment without justified reasons etc. The main question this paper different between employees infected by one specific disease could be justified. Related we are also wondering if treatments can conditioned employee’s behaviour assessing his/her contribution contagion development disease. Finally, questioning violates principle equality actual application good faith fair dealing who deliberately gross negligence endanger themselves others. To answer these questions, refer case law ECtHR, finds itself competent vaccination under scope Article 8.