Serbia has become an extremely attractive destination for work and employment of foreign nationals, whether it is employment with domestic employers or referral to work in Serbia.
Thanks to the changes in the two current laws regulating the status and employment of foreigners in Serbia, it is now significantly easier to solve the procedures for establishing an employment relationship with foreign nationals. Practically, all procedures are simplified for both domestic and foreign employers. The changes refer to items of the Law on Foreigners, as well as the Law on Employment of Foreigners.
In other words, the new changes influenced the creation of an even more favorable business climate in connection with the residence and work of foreigners in our country.
The most important change certainly concerns the introduction of a single permit (unified work and residence permit). It is actually directly related to the simplified and accelerated procedure for obtaining a residence permit and a work permit. In this way, all types of work permits for foreigners are issued more easily and quickly – for employment, self-employment, as work permits for special cases of employment, which includes sending foreigners to work in Serbia.
Therefore, below is more on this topic that refers to sending foreign nationals to work in Serbia.
What is a work permit for persons sent to work in Serbia?
The work permit for referred persons is a type of work permit issued to employees of foreign companies, who are sent to work in the Republic of Serbia according to specific needs. Like any other work permit, the work permit for assignment to work in the RS allows foreign nationals who are employed by a foreign employer to be assigned to work in Serbia.
In this way, foreign workers are temporarily instructed by their foreign employer to stay and work in Serbia for a certain period. During that period until they are sent, foreign workers have the full right to legally perform all business activities related to the activity they perform, for which they were issued a work permit, which is now called a single permit.
Referred person concept
In accordance with the Law on Employment of Foreigners, the referred person is a foreign citizen who is employed by a foreign employer. With him, he realizes his rights from work and who directs him to work for an employer in the territory of the Republic of Serbia for a limited period of time, after which he returns to work for that foreign employer.
In order for referred persons to be able to work in Serbia, the work permit issued for them is called a unique permit for special cases of employment. The abbreviated and accepted name in practice is the single permit for authorized persons. In this way, foreign citizens are sent to work temporarily in Serbia. Then, after the expiration of that time period, they must return to their country, that is, to work for a foreign employer.
Issuance of a single permit for referred persons – conditions
The issuance of a single permit is conditioned by an assessment of the fulfillment of the conditions, which relate to both employees and technical conditions.
The organization responsible for employment (National Employment Service) is involved in the procedure for issuing a single permit. In fact, it is competent to carry out a complete assessment and verification of the fulfillment of the conditions for the employment of foreigners, in all cases.
The verification of fulfillment of conditions refers to all opportunities that foreigners have when it comes to their employment in Serbia. In particular, it refers to the employment of foreigners by resident employers, as well as special cases of employment of foreigners, as well as self-employment.
The decision to issue a single permit for referred persons is made within 10 days from the date of receipt of the request for the issuance of a single permit.
Assessment for knowledgeable persons
The assessment for the employment of referred persons is carried out by giving a grade with the description “meets” or “does not meet” the requirements, with an explanation of the reasons why. When employment is approved, and in this case for special cases of employment for referred persons, a foreigner in the Republic of Serbia can work unhindered in all jobs for which he was issued a unique permit for special cases of employment for referred persons.
When the assessment is carried out for referred persons, the fulfillment of all conditions for that person, which are defined by the Law, is checked. A detailed description follows.
- It is necessary to have a contract on business and technical cooperation, which is concluded between the domestic employer and the foreign employer.
- It is necessary that the referred person is employed, i.e. employed by a foreign employer for at least one year. Also, he must be registered for compulsory social insurance with a foreign employer.
- It is necessary to have a legal act between the Serbian company and the foreign employer on the referral to temporary work in Serbia, which determines the way of exercising rights and obligations from work. The act must also contain certain elements (working conditions, method of providing and level of salary, salary compensation, working hours, method of exercising the right to annual leave, safety and health conditions at work, period of work in Serbia, as well as the method of providing accommodation, food and transportation for arrival and departure from work for the duration of the assignment to temporary work in the Republic of Serbia).
- It is necessary to have a statement that the foreigner must be returned to work with the foreign employer who temporarily sent him to work at the end of the temporary assignment to work in Serbia.
Rights and obligations for referred persons
When it comes to the rights and obligations from the employment relationship, it should be emphasized that a seconded person cannot have less rights than those prescribed by the Labor Law while working in Serbia. In other words, foreigners working in Serbia exercise all their rights in accordance with the applicable legal regulations. In addition to their rights, they have the obligation to respect and fulfill all obligations arising from the employment relationship between the employer and the employee.
The assessment of fulfillment of the conditions for sending foreigners to work in Serbia is carried out for a period of up to three years. After the expiration of the term for which the worker was assigned or if there is a need for additional assignment of the same person, the single permit for assigned persons can be extended for the same period (maximum three years).
Fines for employers
Failure to comply with legal provisions (if the law is broken) will be considered a misdemeanor. In that case, fines are provided for employers.
- For a legal entity as an employer, the fine for a misdemeanor is from 800,000 to 2,000,000 dinars.
- For an entrepreneur-employer, the penalty for violation is from 50,000 to 500,000 dinars.
- For the responsible person at the employer, the fine is from 20,000 to 150,000 dinars.
The offense applies to any employer who temporarily hires a foreigner contrary to the contract on business and technical cooperation. It also applies to an employer who does not ensure the realization of rights and obligations from work in accordance with the act of referral.
For all additional questions and doubts regarding the employment of foreign citizens in Serbia, the accounting agency HLB TM DOO is at your disposal. We can provide you with comprehensive information and services related to obtaining a single permit for the employment of foreigners in Serbia. Contact us.
