If you are an employer planning to hire foreign nationals, or you are a foreign individual thinking about working in Serbia, it's crucial to understand the necessary steps to ensure that both the employment and the foreigner's stay in Serbia comply with the law. What are the necessary steps in the process of employing foreigners, what permits must be obtained, and what are your obligations in this regard, are some of the questions we will address in the following text.
Through amendments to the laws governing the rights and employment of foreigners, adjustments have been made to the regulations concerning the residence and work of foreigners in Serbia . These changes aim to make the previous solutions more flexible and streamline the associated processes. To align with these modifications, corresponding bylaws have been either adopted or revised, offering additional clarity and specificity to the new legal provisions.
The effective dates of the legal changes varied, so in this text, we are providing an overview of the situation starting from February 1, 2024, as the date on which the last set of amendments came into effect.
I Unified permit instead of residence and work permit
In accordance with amendments to the Law on the employment of foreigners (hereinafter: the Law), instead of obtaining two permits: a permit for temporary residence (commonly known as a residence permit) and a work permit, you will now have to obtain only one "unified permit", which encompasses both mentioned permits.
This unified permit can be issued for employment, self-employment, or specific employment cases.
The unified permit is granted for a period of up to three years, and an application for extension can be submitted starting three months before the expiration date of the unified permit and until the expiration date (in contrast to the previous provision, where the application for extension had to be submitted no later than 30 days before the expiration of the temporary residence permit).
- Procedure for obtaining/extending the unified permit
The application for issuance or extension of the unified permit is submitted electronically, through a unified portal. In the case of employment, the application can be submitted by the foreigner, the future employer on behalf of the foreigner, or a person authorized by them. There is a distinction regarding whether the foreigner can submit the request from abroad or must first enter the territory of the Republic of Serbia, which depends on the nationality of the prospective employee, as explained in more detail in Section II of this article.
As before, when applying for temporary residence (now unified permit) based on employment, a labor market test is required. This test is conducted by National Employment Service (NES), and it must be initiated by the employer (or a person authorized by the employer). The request for the test is submitted electronically, and it can be filed no earlier than 60 days before and no later than the day of submission of the application for issuance of the unified permit.
Since the labor market test can only be initiated by the employer (or a person authorized by the employer), while the request for the issuance of the unified permit can be submitted by the foreigner as well, two situations differ:
If the employer submits the application for the issuance of the unified permit for the prospective employee, the request for conducting the labor market test can be submitted simultaneously with the application for the issuance of the unified permit. Another option is for the employer to submit the request for conducting the labor market test before the submission of the application for the issuance of the unified permit. In this case, when submitting the application for the unified permit, the employer must enter the ID number generated during the submission of the labor market test request.
If a foreigner (future employee) submits the application for the issuance of the unified permit, the labor market test must be previously initiated by the employer. In this case, the foreigner must obtain from the employer, the ID number of the request generated on that occasion, and enter it in the corresponding field during the submission of the unified permit application.
Based on the submitted application for the issuance of the unified permit and the conducted labor market test, the NES will assess the fulfilment of conditions for employment, and deliver this assessment directly to the competent authority deciding on the issuance of the unified permit.
Along with the application for the issuance of the unified permit (and the labor market test), it is necessary to electronically submit evidence, i.e., documentation specified by the Law and and bylaws, based on which the fulfillment of conditions for issuing the unified permit will be evaluated. As the specific list of required documents depends on the circumstances of the case (such as the foreigner's nationality, the basis of engagement, and other factors), we recommend consulting with a lawyer regarding the documentation you need to prepare beforehand.
The passport (or ID card for foreigners who can enter Serbia with an ID card) must be valid at least three months longer than the requested period for issuing the unified permit.
A noteworthy change is that now, foreign employee or employer on his/her behalf (or persons authorized by them) can request alterations in the employment basis, change of the employer, or multiple employment engagements while the permit is still valid. Previously, obtaining new permits was necessary for such scenarios. This request can be electronically submitted through the unified portal, with a quick decision deadline of 10 days. In case of a positive response, the approval will be provided to the applicant in electronic format.
II Does the future employee need a visa?
The answer to whether a foreigner - future employee needs a visa to enter Serbia will vary depending on the country of origin. For more details on this topic, where you can check the visa regime for a specific country, types of visas, and the application process, please refer to our article.
If the person is from a country whose nationals do not need a visa for entry into the Republic of Serbia, it means that the foreigner has the right to stay in Serbia for a specified period of time without a visa (depending on the country in question). If this individual intends to work in the territory of the Republic of Serbia, the application for the unified permit can be submitted either after entering Serbia or from abroad, without physically coming to Serbia beforehand.
On the other hand, if the person is from a country whose nationals must obtain a visa in order to enter into the Republic of Serbia, and the person plans to work in Serbia, they must first obtain a long-stay type of visa (Visa D). Upon entering Serbia with the long-stay visa based on future employment, the application for the unified permit can be submitted, during the validity of the long-stay visa. (More about Visa D in the mentioned article).
III Who can work in Serbia without the unified permit?
Through amendments to relevant laws, categories of foreigners who have the right to work in the Republic of Serbia without the need for obtaining a unified permit have been specified. This includes a broad spectrum of individuals, including, among others:
Foreigners who have been granted temporary residence in Serbia based on: a) family reunification with a member of the immediate family who is a Serbian national or a foreigner with granted permanent residence in Serbia, b) ownership of real estate in Serbia, c) scientific research work, d) volunteering, and others.
Foreigners who are immediate family members of a foreigner holding a unified permit, granted temporary residence, or granted asylum in Serbia, and who are entitled to work from the date of approval of the first temporary residence based on family reunification with a foreigner holding a unified permit or a foreigner with the right to work, in accordance with the law.
Foreigners who have been granted permanent residence, asylum, or temporary protection,
and other categories enumerated in the Law.*
*Please note that these are just some of the relevant examples, and this is not an exhaustive list. There are other categories of foreigners who are entitled to work in the Republic of Serbia without the need for obtaining a unified permit. If you have questions related to a specific category of individuals or uncertainties regarding the obligation to obtain a permit, you can contact us at office@r-legal.net, or refer to Article 3 of the Law, the link to which is provided at the end of this article.
IV Employment agreement
Another condition for obtaining the unified permit based on employment, is that the prospective employer has offered the conclusion of an employment agreement or another contract for performing work to the foreigner. When the future worker (a term we will use to denote both employed and other work-engaged individuals) receives the permit to work in the Republic of Serbia (i.e., the unified permit), it will be necessary for this contract to be concluded and registered with the relevant authority so that the foreigner can exercise their rights based on work, like any other person working in the territory of Serbia.
Concerning the establishment of an employment relationship, as the most common form of work engagement, it should be noted that the Law confirms that the employer concludes an employment agreement with the foreigner in accordance with the law regulating labor, in the same manner as with any other employee.
This means, among other things, that after the agreement is concluded, registration before the Central registry of mandatory social insurance must be conducted (note that there are certain tax incentives for foreign employees; consult with your accountant or contact us at office@r-legal.net for more information). The employees are entitled to the same rights, such as daily, weekly, and annual leave, leave from work for childcare, right to safety and health at work, and other rights prescribed by law (or internal regulations of the employer), just like any other employee.
Of course, besides the employment agreement itself, laws prescribe other mandatory documents that the employer must draft/submit to the employee, in order for employment relationship to be lawful. You can find more on this topic in our article.
The mentioned legal changes provide an answer to another crucial question, foreseeing that, in addition to the reasons for the termination of an employment relationship stipulated by the Labor Law, the foreigner's employment relationship also ceases with the expiration of the unified permit.
Another new development in favor of workers is that, in case of termination of the employment agreement (or another contract through which the foreigner, without establishing an employment relationship, exercises rights based on work), the foreigner has a 30-day period to conclude a new employment agreement (or another contract). Only in the absence of this action will the provisions of the law regulating the conditions for the entry, stay, and return of foreigners be applied. In other words, this amendment gives foreign nationals an additional period to find alternative employment and thereby retain their permit, instead of automatically losing it upon the expiration of the agreement with the employer.
Foreigners are granted additional protection through a recent provision in the law. It mandates that if an employer hires a foreigner without a long-stay visa based on employment, or without a unified permit, or a granted temporary stay allowing work in Serbia, the employer is obligated to settle all financial claims towards the worker, including the payment of applicable taxes and contributions for mandatory social insurance. In such instances, the presumption is that the employment relationship lasted a minimum of three months unless proven otherwise.
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Useful links:
Law on the employment of foreigners (only in Serbian);
Regulation on the issuance of a unified permit for temporary residence and work of foreigners (only in Serbian);
Regulation on granting temporary residence (only in Serbian);
If you have any questions that we haven't addressed, feel free to contact us at: office@r-legal.net.
Note: The information provided in this article is solely for informational purposes and does not constitute legal advice.
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