The employment relationship as a complex legal relationship between the employee and the employer in Serbia requires certain rights and obligations, and this applies to both employees and employers.
We have written in detail about all topics related to rights and obligations from the employment relationship. On the one hand, when it is concluded, the employee acquires certain rights guaranteed by law, and this further creates an obligation for the employer, due to which he is under a legal obligation to comply with it all.
In the following, we deal in detail with this topic, which is related to the employer’s obligations after hiring an employee.
1. Employer’s obligation to sign a labor contract with employees in Serbia
1.1. Obligation 1 – signing the employment contract
The company in Serbia and Belgrade has the obligation to sign the employment contract with the person it intends to employ in advance (signs before the date of employment).
In other words, he must not hire a worker who does not have a signed employment contract. If the inspection check determines that the worker is not employed, the company is obliged to immediately hire him for an indefinite period.
1.2. Obligation 2 – application for social insurance
Registration of workers for social insurance is mandatory for all companies in Serbia. Applications can no longer be made retroactively, i.e. backward in date, but only with a forward date or with the date when the employment relationship is established.
Applications for social insurance can be submitted in person at the RFZO branch, as well as through the portal of the Central Register of Social Insurance.
The employment contract is signed in 3 copies – one remains with the employee, and the other two go to the employer. The contract must be kept at the company headquarters or in the business premises where the employee works.
1.3. Obligation 3 – the obligation not to diminish the rights of the employee
In accordance with the contract, the company is obliged to comply with all rules and obligations related to the employment relationship. The mutual rights and obligations between the employer and the employee are determined by the rulebook or specific act of the employer, and in addition to the employment contract, there may be other legal acts – the company’s work rulebook or collective agreement.
They may define both the entry into the employment relationship and the rights and obligations upon resignation of the employment relationship.
The employer in Serbia must strictly take care that the general act regulating mutual relations does not contain provisions that reduce the rights of workers, as well as that it does not contain provisions that define less favorable working conditions or other rights, in relation to what is defined by law.
2. Obligations of the employer after establishing an employment relationship
In the following, we will list all the employer’s obligations in Serbia that practically come into force immediately after the employee starts working, and they certainly concern those rights and obligations for employees that are related to the establishment of an employment relationship.
Those are:
- that the employee is paid a salary, i.e. income (net, tax and contributions, until the end of the current month for the previous month);
- to provide the employee with working conditions, to organize safety, life and health protection at work, as well as to take all measures to prevent this right from being violated;
- to inform employees about working conditions, work organization, business rules in the company, as well as rights and obligations arising from labor regulations and regulations on safety and protection of life and health at work (preferably all in writing);
- to ensure the performance of appropriate tasks for which the employee is employed in accordance with his contract;
- to seek the opinion of the trade union regarding important issues, and if there is no formed trade union in the company, then it is obliged to seek the opinion of a representative appointed by the employees.
3. The employer’s obligation to observe working hours
The employer is obliged to respect the restrictions regarding working hours. It cannot require the worker to work overtime more than the maximum working time, which is established in accordance with the Serbian law. Full time is 40 hours per week.
There are several exceptional situations when an employee has to work overtime and longer than full time, and these are the following:
- Force Majeure;
- Sudden increase in workload;
- Other cases when it is necessary to finish work that was not planned within a certain period.
Overtime cannot last more than eight hours a week. A worker cannot have working hours longer than 12 hours a day, which includes overtime. Overtime is paid at least 26% more than the basic salary.
When it comes to respecting working hours, it should be emphasized that the schedule is determined by the employer. He can change the schedule of the employee, he has the right to do so, but it should be emphasized that he also has the obligation to inform him about the new schedule, i.e. the change. He is obliged to notify him at least five days in advance. When it comes to overtime work, he is obliged to inform the worker about the changes at least 48 hours in advance.
4. Employer’s obligation to provide rest for employees
The employer in Serbia has the obligation to provide employees with rest. Refers to:
- daily rest – during work;
- rest between two working days;
- rest on a weekly basis;
- vacation.
Daily rest
A daily break during working hours lasts 30 minutes and it is the employee’s right to take a break. It refers to working hours lasting at least 6 hours per day.
An employee whose working hours are at least 4 hours a day, but less than six, has the right to a 15-minute rest during the day.
A worker whose working hours are longer than 10 hours a day has the right to a daily rest of 45 minutes.
Rest between two working days
An employee has the right to rest between two working days lasting at least 12 hours continuously, within 24 hours. When making a schedule, especially if working in shifts, the obligation to have 12 hours of rest between two working days must be respected.
Weekly rest period
On a weekly basis, the worker has the right to rest for at least 24 continuous hours (this is independent of the rest between two working days, because it is added). In this regard, the employer is obliged to provide one non-working day per week for each employee, which does not necessarily have to be Sunday or weekend.
Vacation
An employee has the right to an annual vacation of at least 20 working days. This right is exercised for work during the entire calendar year. If he works for less than one year, he receives a proportional part of that right for annual leave. It is one-twelfth vacation for each month of work in the calendar year in which the employment relationship is established or in which the employment relationship ends.
5. The employer’s obligation to provide the employee with paid and unpaid leave
During the employment relationship, employees have the right to paid and unpaid leave from work.
When it comes to absences with compensation, these are the following cases in Serbia:
- a maximum of 5 working days during the calendar year due to marriage, wife giving birth and serious illness of a member of the immediate family;
- paid leave of 5 working days due to the death of a member of the immediate family;
- 2 consecutive days when it comes to voluntary blood donation, and that blood donation date is also counted.
We wrote in detail about this topic – paid leave from work.
Also, the right to unpaid leave is granted, in which case all rights and obligations arising from the employment relationship are suspended. Unpaid leave from work is used in the following cases:
- due to military service;
- due to being sent to work abroad by the employer;
- due to temporary referral to work at another employer;
- due to election or appointment to a public office, the performance of which requires temporary cessation of work for the employer;
- due to serving a prison sentence, i.e. imposed security measures, educational or protective measures, for a duration of up to six months.
We also wrote in detail about unpaid leave – unpaid leave from work.
6. The employer’s obligation to provide compensation to the employee during the absence
In addition to the regular salary earned during work, the employee has the right to compensation for salary during absence from work. It refers to the following:
- compensation for time absent from work on a holiday that is prescribed as a non-working day;
- allowance for annual leave;
- compensation for paid leave;
- compensation during a military exercise or when it is necessary for the employee to respond to the call of a state authority;
- compensation for sick leave (absence from work due to temporary inability to work).
We wrote in detail about this topic – the employee’s right to compensation.
7. Employer’s obligation to pay expenses and other income
The employment relationship guarantees the employee rights concerning the reimbursement of certain expenses, which on the other hand becomes an obligation of the employer that he must fulfill. These include:
- reimbursement of expenses for arrival and departure from work, equal to the price of a public transport ticket,
- reimbursement of expenses during official travel – per diem in the country and abroad;
- reimbursement of costs for accommodation and food for work and stay in the field, if a decision is not made that these costs are borne by the company;
- compensation for a hot meal – for nutrition during work;
- holiday allowance – for using annual leave;
- severance pay when the employee retires, at least in the amount of two average salaries;
- severance pay if the employee is dismissed as redundant, at least in the amount of a third of the salary for each year of work in that company;
- reimbursement of expenses for funeral services in the event of the death of a member of the immediate family and vice versa, to members of the immediate family in the event of the death of an employee;
- compensation for damages due to an injury at work or in the case of an occupational disease.
If you have doubts or any questions, you can contact us. The expert team of the accounting agency from Belgrade HLB TM DOO can provide you with support and help with questionable information related to employment law, as well as services related to salary calculation Serbia.
