Employment solutions in Serbia

Employment solutions in Serbia

The Labour Law of the Republic of Serbia regulates employment practice and the employer-employee relations, which can take two main forms:

1. Employment relation and
2. Work outside the Scope of Employment.

1. Employment relationship in Serbia

The employment relationship may be established for an indefinite or definite period of time. Full-time is 40 hours per week, while the employer may determine shorter working hours, but not less than 36 hours per week. Each employee is entitled to at least 20 vacation days for a full year of service with the employer.

Employment for a definite period of time in Serbia cannot be longer than 24 months. A contract for a definite period of time can be concluded:

• If it is necessary for replacement of a temporarily absent employee, until his return;
• For working on a project whose time is predetermined, no longer than the end of the project;
• With a foreign citizen, on the basis of a work permit in accordance with the law, no longer than the expiry of the work permit;
• To perform the activities at a newly established employer registered at the competent authority no longer than one year prior to the moment of conclusion of the employment contract, for a time period not longer than 36 months;
• With an unemployed person which lacks up to five years to fulfil of one of the preconditions for retirement, no longer than such requirement is fulfilled, in accordance with the regulations on retirement and disability insurance;

If the employee remains working for the employer at least 5 working days after the expiry of the period for which the contract was concluded, it is considered that the employment is for an indefinite period.

Other Employment relationships can take one of the following forms:

• working relationship with the probationary period;
• employment to perform tasks with increased risk;
• part-time work employment;
• employment for work outside employer’s premises;
• employment of household help and
• internship employment;

The working relationship with the probation period may last up to six months. An employer or employee may terminate the employment contract before the expiry of the probationary period but the notice period may not be less than five working days, and the employer is required to justify termination of employment.

Employment Relation for Performing Higher-Risk Jobs - implies that employees must obtain certificate from a competent medical authority prior to their employment which authenticate that special medical abilities are acquired in order to respond to the specific conditions of risky operations.

Part-time employment in Serbia is concluded for jobs whose scope does not require full-time work, that is, which lasts less than 40 hours per week. This kind of work engagement can be contracted to definite and indefinite period of time. An employee who works part-time for one employer may be employed by another employer for the rest of the working time.

Employment Relation for Performing Jobs outside Employer’s Premises means that the entire working process takes place in premises provided by the sole employee and therefore the employer determines the particular control regime for his work. Two employment forms are possible:

• telework and
• work from home

Employing Household Help covers babysitting, taking care of the sick, the maintenance of household furniture or securing persons or property. This type of employment includes the possibility that the part of the salary is paid in cash, in the amount of at least 50% of the salary, and the rest of the salary can be non-monetary (provision of accommodation and/or food).

The employment relationship with an intern is the kind of relationship that is established with the person who is employed for the first time in an occupation for which has acquired a particular academic degree, for which the law or ordinance found that the internship is mandatory.

2.     Work outside the Scope of Employment in Serbia

Work outside employment is defined by special provisions of Law on Labour and can take several forms:

• temporary and periodical jobs,
• contract for the supply of services,
• contract on professional training and development, and
• supplementary work

Temporary and periodical jobs - the main characteristic of these tasks is that they are concluded for a period of up to 120 days in the calendar year (while not counting non-working days). They can be concluded with:

• unemployed persons (person between 15 and 65 years);
• employees who work part-time to full time jobs with another or with the same employer;
• old-age pensions;
• person that is a member of youth or student cooperative

Contract for the supply of services is concluded for jobs that are outside the scope of the employer and the subject of this contract is the deed, not the labour itself. Therefore this agreement is not time constrained, but lasts as long as it takes to finish the deed, because the deed is the subject of the contract.

Agreement on professional training is typically concluded for the internships, when this is provided by the law or rulebook as a special condition for independent work in the profession. Professional traix1ning is required for certain professions, for example. health, law, etc. ...

Agreement on vocational training is concluded for obtaining specialization i.e. acquiring specific knowledge and skills to work in the profession. Specialization and vocational training are not typical for all activities so they cannot be concluded unless specified by a special regulation.

Supplementary work allows an employee working full-time with an employer to conclude a contract of supplementary work with another employer to a maximum of one third of full-time working hours.