FREELANCERS IN THE SERBIAN COMPANY LAW AND PRIVATE INTERNATIONAL LAW

Abstract

Undoubtedly, digital or gig economy is an ubiquitous phenomenon. Growing number of digital workers,
often using digital platforms as an intermediary, has not left Serbia a side. However, the Serbian legislator
has not completely, or successfully enough, regulated all the issues tackling legal protection of digital
workers in general - those whose contract with the demanding side is characterized as the individual
employment contract or rather as some general contract in terms of law of obligations. Besides, digital
(platform) work often imply the cross-border dimension, raising the issues of international jurisdiction
and applicable law with regard to the weaker party's protection. In Serbian company law, significant
implications of the legal status of digital worker come to the fore, as digital workers can be perceived as
entrepreneurs or as members of a one-person LLC. In this paper, the authors strive to open and discuss
some of the legal shortcomings or implications of digital worker's legal status stemming from the Serbian
company law and the Serbian private international law.