Amendments to the Law on the Employment of Foreigners

The National Assembly of the Republic of Serbia adopted the Law on Amendments to the Law on the Employment of Foreigners, as well as the Law on Amendments to the Law on Conditions for Employing Temporary Work Abroad and Their Protection, which entered into force on 7 July 2018. The Ministry of Labor has adopted the Rule on Work Permits, which comes into force on August 25, 2018.

This Act speeds up the procedure for obtaining a work permit (refering to a labor market test) for employment that has been reduced to 10 days. Also, the exceptional situation of issuing a temporary work permit for employment is foreseen, for 45 days and without a labor market test, when this is of particular interest to the Republic of Serbia and when required by internationally accepted obligations.

The Rulebook on Work Permits has determined that the Labor Market Test is submitted at the earliest within 60 days, and at the latest 10 days before the issuance of a work permit for employment.

The most important changes to the regulations on referral to work are: Employers can send abroad only those employees who were employed at least three months prior to being sent abroad, except:

  • If the distribution of employees is organized within the main activity registered in the Business Registers Agency and
  • If the number of employees does not exceed 20% of the total number of employees.

The limitation does not apply to employees who are referred to in the international agreement with Germany in connection with the performed jobs.

The novelty in the Law is that employers are obliged to report changes in the insurance base to the Central Social Insurance Register, with the addition of the state of referral, as well as any changes which should be reported to state authorities.

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