I see this almost every day while working with clients. When there is trust and open communication between the client, the HR team, management, and lawyers, it becomes much easier to arrive at a solution that is legally sound but also realistic and practical to implement. That is why I believe the relationship between a client and a lawyer must be carefully built and nurtured. Only then does legal advice become not only accurate, but genuinely useful for the business.
The second regional Coffee Chat Break within the JPM network was organized on 6 May at the Crowne Plaza Hotel in Podgorica with this idea in mind. The event gathered representatives of companies from various industries, including existing and potential clients, primarily from HR and legal teams. In addition to the JPM office in Montenegro, colleagues from JPM offices in Serbia and North Macedonia also joined the discussion, adding a valuable regional perspective to the conversation.
The Podgorica Coffee Chat Break was a continuation of the regional format launched by the JPM network in Skopje in December, which was dedicated to the topic of remote work. Even then, I particularly appreciated the openness of this concept – presentations, formal panels, and one-way communication were replaced by a conversation around the same table, where every participant had the opportunity to share experiences, ask questions, or point out practical issues.
This format is not accidental. Similar “coffee chat” and “world café” concepts around the world are recognized as ways to encourage the exchange of experiences, collective reflection, and a better understanding of complex topics through open and equal dialogue. That is precisely why Coffee Chat Break is not limited to sharing legal information; it also creates space for a deeper understanding of clients’ challenges and for identifying solutions that are practical, applicable, and useful in everyday business operations.
The topic of our meeting was the abuse of sick leave by employees – a frequent, sensitive, and practically very important challenge for employers. I believe the greatest value of the discussion was the fact that participants spoke about the issue openly and actively, while also sharing concrete examples from practice. The discussion gained additional value because we examined the topic from multiple perspectives, drawing on the experiences of participants from different industries, including employers, HR professionals, lawyers, and representatives from the medical field.
One of the key challenges identified was the issue of proving the abuse of sick leave. Although employers often have reasonable grounds to suspect that sick leave is being used contrary to its intended purpose, practice shows that proving such conduct is complex, sensitive, and legally demanding. Participants agreed that court practice in this area is particularly challenging for employers, which is why many companies seek to resolve such situations internally whenever possible, without initiating court proceedings.
We also discussed the role of competent authorities and healthcare institutions. One commonly highlighted issue was the fact that responses to complaints or requests for verification submitted to the Health Insurance Fund or the Ministry of Health are often absent, delayed, or ineffective in practice. The discussion also touched upon the control of the validity of issued medical certificates, the accountability of doctors, and the perception that the system does not react efficiently enough when there is suspicion of irregularities. The lack of clear and timely institutional response further complicates the position of employers and contributes to the perception that there are no real consequences for employees who abuse sick leave.
It is important to emphasize, however, that the abuse of sick leave does not affect only the employer as an organization. It also impacts teams, colleagues who take on additional work, workplace atmosphere, and trust within the company. For that reason, this issue is not merely a legal question, but also one of organizational culture, accountability, and fairness towards employees who perform their duties conscientiously.
In this regard, we also heard several very useful and creative practical examples – from clearer internal procedures and better communication with employees, to preventive mechanisms that help identify the problem early and resolve it before it escalates into a dispute.
The regional exchange of experiences further demonstrated that while legal solutions may differ from one country to another, the challenges employers face are remarkably similar. This, in my view, is the greatest value of such gatherings – they go beyond legal analysis and create room for practical solutions, a better understanding of clients’ needs, and potentially future initiatives aimed at improving practice.
The meeting did not produce new or spectacular conclusions, nor was it organized with such purpose. Its value lays in open brainstorming, exchange of experiences, and collective recognition of recurring practical issues. Conversations like these can represent the first step toward more concrete actions – whether through improving internal procedures, strengthening preventive mechanisms, or initiating discussions with competent institutions.
Coffee Chat Break is therefore much more than an informal conversation over coffee. It is a space where clients, HR teams, management, and lawyers jointly identify problems, exchange experiences, and build trust. And in the field of employment relations, trust is often the first step toward better, more sustainable, and genuinely applicable solutions.
