Labor Law and Technology: Legal Consequences of Introducing Digital Tools for Employee Monitoring, Remote Work Policies, and Work Automation
Digital transformation has not bypassed the field of labor law either. Employers in Serbia are increasingly using digital tools to monitor work performance, introducing remote work policies (remote work) and considering the use of software and automation in performing certain tasks. Although these trends promise greater efficiency and flexibility, they also open up a number of legal questions and challenges, both for employers and for employees. Below, three key topics at the intersection of labor law and technology are considered:
Digital Tools for Employee Monitoring
Employers are increasingly introducing software that enables the monitoring of employee productivity – from recording the time spent on certain applications, to monitoring communication via e‑mail or even video surveillance of the workplace. From a legal perspective, the question arises: where are the boundaries of legitimate monitoring and employees’ right to privacy?
Under the Labor Law of the Republic of Serbia, the employer is obliged to ensure respect for the employee’s dignity and working conditions that do not endanger privacy. At the same time, the Personal Data Protection Act, which is aligned with European standards (GDPR), provides that the collection and processing of employees’ data must be necessary, proportionate and transparent.
Key practices for employers:
- Clearly define the purpose and scope of monitoring,
- Inform employees in a clear and understandable manner,
- Avoid excessive monitoring that could create an atmosphere of distrust.
Remote Work Policies
The COVID‑19 pandemic accelerated the introduction of working from home, and many employers have continued with hybrid or fully remote work models. Although the Labor Law recognizes remote work (work outside the employer’s premises), practice has shown numerous ambiguities:
Who bears the costs of technical equipment and the internet?
How is the recording of working hours regulated?
How are occupational safety and health ensured when the employee works outside the employer’s premises?
The employment contract or an annex to the contract must contain precise provisions on remote work. In addition, the employer’s obligation to provide employees with the so‑called “right to disconnect” is increasingly emphasized – that is, protection from excessive availability outside working hours, which is a trend originating in EU law and is increasingly being considered in the domestic context.
Automation and Artificial Intelligence at Work
Automation and the use of artificial intelligence raise particularly complex questions. For example: if software automates certain tasks, what does that mean for the employee’s job security? Can an employment termination decision be made solely on the basis of an “algorithmic assessment”?
In Serbia, there is currently no specific law regulating “algorithmic management”, but the basic principles of labor law apply: the prohibition of discrimination, the right to a statement of reasons for the employer’s decisions and the employee’s right to challenge decisions that affect his or her status.
Recommendations for employers:
- Use automation under human supervision.
- Avoid making decisions that significantly affect the employee (for example, dismissal or performance evaluation) relying solely on algorithmic tools.
- Introduce transparency policies and educate employees about the use of such technologies.
Conclusion
Technology is changing the way work is performed, but also the way the law must respond to new challenges. For employers in Serbia, it is essential that the introduction of digital tools and new work policies follows not only technical capabilities, but also the legal framework that protects employees’ rights. On the other hand, employees should be aware of their rights and actively communicate with the employer about potential dilemmas.
Labor law in the era of digitalization is becoming a dynamic field that requires constant legal adaptability. Employers are advised to seek timely consultation with legal professionals when introducing new digital solutions, in order to avoid contentious practices and ensure the long‑term stability of employment relations.
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