An employee who works longer than the prescribed working hours is considered to be working overtime. Overtime work in Serbia means work that exceeds full-time work.
The simplest explanation of overtime work is that it refers to the additional time needed to complete work that was not previously planned, if it is about unforeseen or urgent tasks. Overtime should be treated as an exception. That is why the legal regulations clearly specify the circumstances when an employee is obliged to work overtime.
Below is a more detailed explanation of this topic.
Overtime work in Serbia in a law
Overtime work in Serbia is any work that is longer than full time, and that lasts between 36 and 40 working hours per week.
All legal issues for overtime work are regulated by the Labor Law, the general act of the employer or the employment contract. In this way, it is possible to ensure the respect of all the rights of employees, as well as the obligations of the employer.
In order for overtime conditions to be clear, it is necessary to understand the concept of working time and legal regulations. Below is a more detailed explanation of what each employee should know and what the employer’s obligations are.
Working hours of the employee
Working time represents the period of time during the day in which the employee is obliged to come to work and perform tasks according to the employer’s orders. This implies the presence of the employee at the place where these jobs are performed, whether it is day shifts or shift work.
The time when the employee is ready to respond to the employer’s call if the need arises is not included in working time (provided that he is not at the workplace). On the other hand, the time that the employee spends on standby in performing tasks at the request of the employer is included in working time.
In accordance with the law, the working hours of an employee can be:
- Full time – 40 hours per week, but not shorter than 36 hours per week.
- Part-time working hours – working hours that are shorter than full-time working hours.
- Shortened working hours – working hours for workers who work in risky, extremely difficult, strenuous and health-damaging jobs, where, despite the application of appropriate safety measures and the protection of life and health at work, means and equipment for personal protection at work exist increased harmful effect on their health. It can be a maximum of 10 hours a week.
In all mentioned cases of working time, the employee realizes all the rights from the employment relationship. Working hours, standby time, as well as the amount of compensation are defined by the law, the general act of the employer or the employment contract.
When overtime work is performed in Serbia
The employee is obliged to work longer than full-time at the employer’s request. So, these are situations where the employer has the right to demand overtime from the employee:
- in case of force majeure,
- due to the sudden increase in workload,
- other cases when it is necessary to finish work that was not planned within a certain period.
If any of these circumstances do not exist, the employee can refuse to work overtime work in Serbia. In that case, the refusal would not constitute a breach of work discipline, which is also one of the grounds for the termination of the employment contract.
Examples of when overtime is most often performed:
- when there is a need to urgently complete unplanned work that could not be completed or planned during regular working hours;
- if during working hours there is an increased volume of work, unexpected delays, breakdowns or other extraordinary circumstances;
- if continuity or completion is required within precisely specified time limits.
Length of overtime and maximum
Overtime cannot last longer than 8 hours per week. Therefore, overtime work in Serbia is a maximum of eight hours per week. The working week lasts 40 hours, which means that, together with overtime, it cannot last longer than 48 hours.
Then, the employee’s working day must not last longer than 12 hours. In addition to regular working hours, this also includes overtime, when the working hours are 8 hours.
This means that in addition to the working hours, which usually last 8 hours, the employee can work overtime, but a maximum of 4 hours. At the same time, he may not work overtime for more than a total of eight hours per week.
In the case when the employee works in shifts and when the working hours are organized so that he works a maximum of 12 hours a day (with daily breaks), he can work a maximum of 48 hours with overtime. This working time includes overtime.
Overtime records
In accordance with the Law on records in the field of work, the company is obliged to keep records on employees, as well as on the earnings of employees. Data on working time and its use, including the rate of increase and overtime, are also entered in those records.
On the other hand, the Labor Law also defines the employer’s obligation to keep employee records. For overtime work, he is obliged to keep daily records of employees’ overtime work in Serbia.
How to notifying the employee about overtime work in Serbia?
In situations where overtime is introduced due to circumstances such as force majeure, a sudden increase in workload or other circumstances that require the completion of work that was not planned within a certain period, the employer must make an internal decision or request to introduce overtime. Without that document, there is no reason to treat overtime as such. At the same time, there would be no basis for paying increased wages to employees who worked overtime.
In such unforeseen circumstances, the company is obliged to inform the workers about the schedule and changes for the introduction of overtime. The deadline for notifying employees cannot be shorter than 48 hours.
When can’t overtime be done?
Overtime work in Serbia cannot be performed in the following situations:
- for part-time jobs – an employee who has reduced working hours due to the risky jobs he performs cannot work overtime (for difficult, tiring and health-damaging jobs);
- if there is a finding by the competent health authority that overtime work can worsen the employee’s health condition;
- for an employee who is younger than 18 years old;
- an employee during pregnancy and an employee who is breastfeeding a child, based on the findings of the competent health authority confirming that such work would be harmful to her health and the health of the child.
Exceptions for employees:
- For both employed parents of a child up to three years of age, only one parent can work overtime, with their written consent.
- A single parent who has a child up to seven years of age or a child who is severely disabled can work overtime, only with their written consent.
Calculation of overtime compensation
Overtime work in Serbia is paid additionally. That is, employees who worked overtime are entitled to increased earnings. The increase must be at least 26% of the basis for calculating the increased salary.
Every employee is entitled to remuneration for work performed and time spent at work. It consists of remuneration for work performed and time spent at work, remuneration based on the employee’s contribution to the employer’s business success (awards, bonuses, etc.) and other income based on the employment relationship.
Then, remuneration for work performed consists of basic salary, part of the salary for work performance and increased salary. The basis for calculating the increased salary is the basic salary determined in accordance with the law, general act and employment contract.
The employer is obliged to pay overtime in an increased amount of at least 26% from only one part of the salary, i.e. from the basic salary.
When it comes to the minimum wage, the basis for calculating the increased wage is the minimum wage of the employee.
Redistribution of working time and overtime
Redistribution of working time and overtime work in Serbia should not be mixed.
The company may redistribute working time in the following cases:
- when the nature of the activity requires it,
- when required by the work organization,
- when better use of labor resources is needed,
- when a more rational use of working time is needed,
- when it is necessary to complete a certain job within the established deadlines.
Redistribution of working time is carried out so that the total working time of the employee in a period of 6 months during the calendar year is on average no longer than the contracted working time of the employee. Redistribution of working time is not linked to the calendar year. It can last longer than 6 months, and at most 9 months.
In case of redistribution of working time, working time cannot last longer than 60 hours per week. Redistribution of working time is not considered overtime.
For an employee who agrees to work longer than the average working time in the redistribution of working hours, those working hours are calculated and paid as overtime.
Annual leave and overtime work in Serbia
An employee has the right to use a full annual vacation, in proportion to the number of days after a month of continuous work, starting from the day the employment relationship with the employer is established. During annual leave, he is also entitled to holiday pay, i.e. compensation. We have written about the annual vacation in detail.
An employee cannot waive the right to annual leave. That right cannot be denied or replaced by monetary compensation, except in the case of termination of the employment relationship. Therefore, the employer should not ask the employee to work overtime while on vacation. On the other hand, the employee has no obligation to respond.
Obligations of the employer for overtime work
In addition to the employer’s obligations arising from the employment relationship, which the company has towards its employees, we will also mention the employer’s specific obligations regarding overtime work.
- The company is obliged to keep daily records of employees’ overtime work.
- It is an obligation to take into account the duration of overtime work of employees when creating the employee schedule.
- The employer is obliged to correctly calculate and pay the employee overtime, at least 26% of the base for calculating the basic salary.
- The company is obliged to pay a fine if it does not keep records of overtime work (for a legal entity the fine is from 150.000,00 to 300.000,00 dinars, for an entrepreneur the fine is from 50.000,00 to 150.000,00 dinars).
- If the company commits a violation of an employee working overtime for longer than the maximum length of overtime provided by law, it is obliged to pay a fine between 600.000,00 and 1.500.000,00 dinars.
The accounting agency HLB TM DOO from Belgrade provides a wide range of personnel and administrative tasks related to keeping employee records, including payroll services. Contact us for additional information and terms of cooperation.
