When hiring or hiring foreigners in Serbia, new rules established by amendments to the Law on Foreigners and the Law on Employment of Foreigners are applied.
Below are the most important questions and answers regarding the application of the amended rules of the Aliens Act, which in practice create a big dilemma for both employers and foreign nationals.
When is the obligation of the company to conduct a labor market test?
The employer has the obligation to conduct a labor market test only when it comes to the procedure of issuing a single employment permit. In the case of other grounds such as referral to work in Serbia, movement within a company, independent professional, training and improvement, as well as self-employment, the obligation to conduct the labor market test is not implemented.
The implementation of the labor market test implies that a foreign citizen can be employed in the Republic of Serbia only when it is established that there are no unemployed residents on the records of the National Employment Service. That is, it refers to Serbian citizens who meet the requirements of the employer’s requirements for a specific job.
In accordance with the Law on Employment of Foreigners, the labor market test period lasts 4 days.
As of February 1, 2024, the request for conducting the labor market test is an integral part of the request for issuing a single employment permit. It is submitted electronically, through the Portal for foreigners or on the eGovernment portal. The labor market test is valid for 60 days from the date of the submitted request for its implementation.
When a request for a labor market test is registered, the ID number of that request is also generated. However, if the employer already has a valid ID number when submitting a request for a unique permit, enter it in the appropriate field and is not obligated to initiate a new labor market test.
Is the request for conducting the labor market test submitted in electronic form?
Starting from February 1, 2024, the Application for conducting the labor market test shall be submitted exclusively electronically. The possibility to submit the labor market test via email or in paper form no longer exists (it was possible until January 31, 2024).
This request is now submitted to the National Employment Service exclusively electronically. The application is filled out online on the eGovernment Portal or directly online as part of the application for issuing a single employment permit on the Portal for Foreigners.
How is the report on the conducted labor market test delivered to the employer?
The report on the conducted labor market test for a foreigner whom the company wants to employ is submitted to that employer in the following manner.
The National Employment Service sends a report to companies by e-mail, i.e. to the employer, until the moment when the service of its delivery through the Portal for foreigners is established.
Does the employer have to submit a request to conduct a labor market test when applying for a new single permit?
The amendment to the Aliens Act stipulates the obligation that a single permit can be granted for a period of up to three years. When it comes to issuing a new single permit, the employer is obliged to submit a request for conducting a labor market test when submitting that request.
On the other hand, it is not obliged to conduct a labor market test for the extension of the existing single employment permit.
What rules apply when a work permit is issued for a period that is shorter than the period of approved temporary residence?
There are situations like the following. The foreigner was issued a valid work permit for a period that is shorter than the period of approved temporary residence. The employer wants to extend it until the validity of the stay, which falls after February 1, 2024, when the new changes to the Law on Aliens came into force.
In the above, you should proceed as follows.
A foreign citizen who was granted temporary residence according to the regulations valid until February 1, 2024 could obtain a work permit in accordance with the regulations that were in force at the time that temporary residence was granted. According to the described situation, the work permit is extended by applying the Rulebook on work permits that was valid at the time of the approved temporary stay.
Can an employer conclude an employment contract with a foreigner for an indefinite period?
Foreigners who are employed in Serbia can conclude an employment contract with the employer and by employment establish an employment relationship, in accordance with the Labor Law. They have the right to be employed both for a certain period of time and permanently (for an indefinite period of time). In addition to the employment contract that guarantees them an employment relationship (rights and obligations from the employment relationship), companies with foreign nationals can establish some other type of employment contract without establishing an employment relationship. Foreigners can exercise certain rights on the basis of those contracts, in accordance with the Law.
When it comes to the termination of the employment relationship, for foreigners it can end with the expiration of the employment contract, that is, in accordance with the reasons for the termination of the employment relationship defined by the Labor Law. Also, their employment can end with the termination of the validity of the unique permit.
The possibility of changing the employer without changing the unique permit
According to earlier regulations, when a foreigner who has a valid work permit changes employer, i.e. the company where he will work, it was necessary to obtain a new work permit for his new employment. This was the case until February 1, 2024, and when a single permit was introduced as a unified permit for foreigners to stay and work in Serbia, the rules were changed.
After the adopted changes, the procedure was simplified. It is possible to obtain a special act, or more precisely, a consent, which allows a foreigner to change his employer without the obligation to obtain a new unique permit, as well as without changing the existing one.
The consent is issued by the National Employment Service (it can be obtained from the NES), and during the period of validity of the single permit, it allows the foreigner the following:
- change in the basis of work,
- change of employer,
- employment with two or more employers during the period of validity of the single permit.
The possibility of changing positions with the same employer without the consent of the National Employment Service
According to earlier regulations, in cases where a foreigner changes position, more precisely, a job in the same company, the employer was obliged to submit a new application for a work permit for that new position. Now it is easier, because the position can be changed without consent.
According to the current law, when a foreigner changes his workplace or position within the same company where he is employed, it is not necessary to obtain the consent of the National Employment Service.
The possibility of introducing quotas or restrictions on the employment of foreigners
The possibility of introducing quotas or restrictions on the employment of foreigners can be introduced in cases where there is a disruption of the labor market. This possibility is defined as a decision by the Law on Employment of Foreigners.
When it comes to the Republic of Serbia and the current state of the domestic labor market, there is no established quota limiting the number of foreign workers who would be issued a single permit for employment purposes.
The possibility of changing the workplace within the same employer during the validity of the work permit
Foreign citizens in the Republic of Serbia can be employed in jobs for which they have been issued a unique employment permit, for special cases of employment, or for self-employment.
The new Law on Foreigners defines that foreigners who have an approved unique permit are not obliged to inform the National Employment Service if there is a change of position within the same company. During the validity of the single permit, they can change their workplace with the same employer, without having to obtain consent from the NES.
In accordance with the Rulebook on Issuing a Single Permit for Temporary Residence and Work of a Foreigner, which was in force until February 1, 2024, the following is prescribed. – Even a foreigner who has been granted temporary residence and issued a work permit in accordance with the regulations of the time can change his workplace within the same employer without special consent of the NES.
In this regard, from February 1, 2024, foreign nationals may change their workplace within the same company during the validity of their work permit and do not have to notify the NES.
Deadline for starting employment after obtaining a single permit
Some deadline for a foreigner to start working, which starts from the day the work permit is issued, no longer exists, because the provisions have been deleted. In this sense, the deadline for starting a foreigner’s employment relationship from the day the work permit is issued now has a new treatment, taking into account that the new provisions of the Law on Foreigners have entered into force.
It also applies to the annulment clause – it cannot be annulled if the prescribed period is not met because it does not exist. At the same time, the Ministry of Internal Affairs makes the final decision in a single procedure.
In accordance with the Rulebook on Issuing a Single Permit for Temporary Residence and Work of Foreigners, they can be issued a confirmation of the initiated process of issuing a single permit, which is issued in the form of a card, already after the biometric data has been taken. The certificate contains the foreigner’s registration number, and based on that number, the company can register him as an employee for mandatory social insurance.
In other words, in order for a foreign citizen to start working, it is not necessary to wait for a single permit card to be issued. With that certificate, he can be registered for compulsory social insurance, and after that he can start working for the employer. In other words, it can start working while the procedure is in progress, ie. while waiting for his unique license to be approved.
The deadline for notifying the competent authorities when a foreigner changes his residential address
The new Law on Foreigners makes a distinction between the foreigner’s residence address and his residential address. Then, there is also a deadline in which a foreigner who has changed his residential address should inform the competent authority about it.
The residential address is the address where the foreigner is registered and where he intends to stay during the approved temporary stay in Serbia. When or if he changes his residential address, he must inform the competent authority about this change within three days.
A foreigner’s stay for less than half of the time for which he was granted a unique residence and work permit
The question arises as to whether a foreigner can stay in Serbia for less than half of the time for which he was granted a single residence and work permit.
What is certain is that the request for extension of temporary stay or single permit for residence and work can be rejected if the previous stay in the country is not justified. That is, it can also be said if it was not used for the purposes for which it was approved.
Foreign citizens are obliged to stay and work in Serbia in accordance with the basis of their approved residence. Also, this rule applies to foreigners who have already been issued a unique permit. Obliged to reside in the country in accordance with the basis of the issued single permit. If the mentioned rules are violated, a misdemeanor is committed.
When it comes to the absence from the country of a foreigner who already has an approved unique permit, he is obliged to take extra care when leaving the country about the justification of the reasons for that absence and travel out of the country.
When the procedure for extending a single license is initiated, each request is considered individually. This also applies to establishing the reasons for absence from the country, or more precisely, whether they are justified.
The concept of an electronic, i.e. digitized document for the purposes of submitting a request for the issuance of a single permit.
An electronic document is a set of corresponding data originally created in electronic form.
A digitized document is a document created by digitizing the original document.
It is a document that has been converted from a non-electronic form to an electronic document form. They are mostly like scanned documents.
For consultations and professional support regarding the procedure for obtaining residence and work permits for foreign citizens in the Republic of Serbia, please contact us. The accounting agency from Belgrade HLB TM DOO is dedicated to its clients, as well as providing professional services, which includes comprehensive support in the process of obtaining all permits for foreign citizens.
