塞尔维亚 雇佣指南

The term of an employment contract can be definite or indefinite. When the period is not specified, the contract is deemed indefinite.

If a fixed-term contract ends and the worker continues working for five or more working days, it automatically becomes an indefinite contract.

An applicant must show the employer documents and other proof they meet the requirements for the job role. The law states an employer cannot ask a job applicant about their family, marital status, plans for starting a family, or any other information not directly related to the job.

The current Serbian data protection law went into effect August 2019 and is almost completely harmonized with the EU General Data Protection Regulation. Under the law, employers are not allowed to ask candidates to provide a certificate of criminal history. Generally, the employer can check publicly available information on candidates, including public social media profiles. However, the employer is required to inform the candidate prior to collecting and processing any information, including public information.

The employer can set a probationary period with an employee when they enter into an employment relationship for the first time. The probationary period can last up to six months.

During the trial period, either the employer or the employee can end the contract by giving at least five days’ notice.

• A full-time worker can work a maximum of 40 hours in a week. Usually, there are five working days in a week, and it is up to the employer to decide how the time is split up. In general, a workday is eight hours long.

  Full-time workers have the right to a daily break of at least 30 minutes, which counts as regular work time.

According to the law, employees may work overtime at the employer’s request in the following cases:

• In the event of a force majeure;
• If there is a sudden increase in the scope of work; and
• If it is necessary to finish work by a set deadline.

Overtime cannot be more than four hours a day or eight hours a week. When the employee works extra hours, they are paid at least 126% of the base salary.

• Employers are required to provide employees with adequate training in health and safety regulations. This training should be conducted before an employee is permitted to start working. By doing so, employers can ensure that their workers have the necessary qualifications and skills to work safely and avoid any workplace accidents or injuries. This includes providing employees with sufficient knowledge of the regulations and rules of health and safety at work.

There is no requirement to pay out bonuses so employers can decide at their discretion. Taxes on bonuses are similar to taxes on salary.

For voluntary resignation, an employee must provide a written notice at least 15 days (but no more than 30 days) prior to the effective date.

When an employer terminates an employee without reason, the notice period depends on the reason for the termination.

• If the employee was terminated due to performance issues or lack of the appropriate knowledge and skills, the legally required notice period is between one and three months (depending on the number of years the employee has contributed to social insurance).
• In other cases of unilateral termination, such as for breaking work duties or rules or for being made redundant, there is no required notice period unless the employment contract states otherwise.

Both the employer and the employee must provide at least five working days’ notice if either party wishes to end the employment relationship during the probationary period.

When an employer terminates an employee without just cause, the appropriate procedure will depend on the reason for termination.

The employer may terminate the employment contract for reasons stipulated in the Labor Law as listed below:

• Reasons relating to the employee’s work ability and conduct (e.g., if he or she does not achieve the work results or does not have the necessary knowledge and skills to perform his duties)
• If the employee commits a breach of their work duty (e.g., he or she is negligent or reckless in performing work duties)
• If the employee does not comply with work discipline requirements (e.g., he or she refuses to perform work and execute the orders of the employer) ;
• If the employer’s needs change (e.g., as a result of technological, economic, or organizational changes, the need to perform a specific job ceases) or if there is a decrease in workload (redundancy);

Notice period: If the employer terminates the employment on the grounds that the employee failed to achieve specific work results, the employer must observe notice period requirements which vary from eight days to 30 days, determined by the work rules or the individual employment agreement (depending on the length of social insurance coverage). There are no mandatory notice periods for other legal grounds for termination.

Payments: When the employment relationship ends, the employer must pay the employee within 30 days all unpaid salary and other earnings, including compensation for unused annual vacation. A severance payment is required only when someone is terminated or retires.

Employee protection – Employees cannot be terminated when they are:

• Pregnant
• On maternity leave
• On childcare leave
• On special childcare leave

The employer can contractually restrict the use of confidential information by the employee after termination of employment. Serbian law on business secrets ensures a business’s secrets remain protected for as long as the relevant information is kept confidential.

Employers are required to give a severance payment to every employee who is made redundant, whether it is a mass or individual decision.

The amount of the redundancy severance payment is usually set by the employer or stated in the employment contract. There is a legal minimum of one-third of the employee’s monthly salary for each full year of service with the current employer (including its affiliates and predecessors). The salary base is the average monthly salary the employee was paid in the three months before they were made redundant.

The Labor Law ensures the minimum amount of severance pay is not taxed.

Fixed-term employment may last up to 24 months, with or without interruptions. Fixed-term contracts are allowed in the following cases: seasonal jobs, project-based work, and increased volume of work
that will last for a definite term.

The fixed term extended under the following circumstances:

• For the replacement of a temporarily absent employee until their return;
• For work on a project with a predetermined duration until the completion of the project;
• If the worker is a foreign national who has obtained a work permit until the expiration of the permit;
• If the employer is a newly established business (e.g., registered with the business registry within the last 12 months) for up to 36 months;
• If the worker is an unemployed individual with less than five years remaining before the fulfillment of the conditions for retirement.

Employees employed for a fixed term have the same rights and duties as indefinite-term employees.

There are no specific rules about workplace monitoring in Serbian law. The Law on Personal Data Protection (LPDP)’s data protection rules apply to these activities and set the limits of what can be done legally.

In order for employee monitoring to be legal, the employees must be informed ahead of time on how their personal information will be used. There must be a good legal reason for this use.

Remuneration is paid in arrears by the 15th day of the following month.

The employer should give out payslips with the salary calculation for the month before the end of the month. The employer must also keep a record of monthly salary and compensation.

• Employers are required to keep daily records of their employees’ overtime work. Such records should be available for review during labor inspection visits.

  Employers must also keep mandatory salary records that record the employee’s potential working hours, along with the working hours actually performed and non-performed (both compensated and non-compensated). Data from these records must be kept permanently.

Employees in Serbia are entitled to annual leave of at least 20 working days per calendar year. The number of days of annual leave can be increased due to work performance, work conditions, work experience, educational level, and other factors set in the employment contract.

Employees are entitled to one-twelfth of their annual leave for each month of work in that calendar year.

Annual leave can be used in one continuous period or over two shorter periods. If an employee uses their annual leave in parts, the first part should last no less than three working weeks during a calendar year and the second part no later than June 30th of the following year.

Employees who are unable to use their annual leave in the calendar year (e.g., due to maternity or childcare leave) are allowed to use it in the following year before June 30.

During annual leave, employees are entitled to compensation equivalent to their average salary in the previous 12 months.

Employers must notify their employees 15 days before the beginning of the annual leave.

In case of termination, the employer must issue a certificate showing the number of annual leave days the employee has used.

There are 10 public holidays observed nationally. In addition, employees are entitled not to work on certain religious holidays, depending on the employee’s religion and applicable religious calendar.

If a public holiday occurs on Sunday, the next working day is a non-working day. Employees are entitled to paid leave during public holidays based on their average salary in the preceding 12 months.

Employees are generally entitled to sick pay any time they are sick or injured, without limitation. An employee is required, no later than within three days from the day the employee became temporarily unable to work, to provide a medical certificate issued by a physician certifying their inability to work. It should also outline the expected duration of the period of sick leave. During the first 30 days of sick leave, the employee receives sick pay amounting to either:

• 65% of their average salary in the preceding 12 months in the case of non-work- related sickness or injury
• 100% of their average salary in the preceding 12 months in the case of work-related sickness or injury

The employer pays sick pay during the first 30 days of sick leave. After that period, the employer still pays sick pay, but this is recoverable from the state.

There are no limits on the total duration of sick leave or the total amount of sick pay an employee can claim, provided the employer has been provided with a medical certificate covering the period.

A female employee is entitled to maternity and childcare leave for a total duration of 365 days. She has the right to begin her maternity leave up to 45 days before and not later than 28 days before the projected due date. Maternity leave lasts up to three months from the date of childbirth.

After the maternity leave expires, a female employee is further entitled to childcare leave. This lasts until the expiration of 365 days from the day she begins her maternity leave.

For the third and every next child, a female employee is entitled to maternity and childcare leave for a total duration of two years.

If an employee experiences a miscarriage or a stillbirth, they can take three months of paid leave.

If the employee returns to work before the end of maternity leave, an employer must provide her with a 90 minutes’ paid lactation break during the workday.

Employees with three or more children are entitled to up to two years of paid maternity leave.

Paternity leave
A male employee is entitled to five days of paternity leave after the child’s birth.

Parental Leave
Employees who have a child with a disability or a serious medical condition are allowed to take paid leave to care for the child after their maternity or paternity leave is over. This applies until the child turns five. They can choose to work part-time instead of taking time off to care for their children.

Adoption Leave
Foster and adoptive parents can take up to eight months of paid leave, which begins when the child is officially placed with the family. If the baby is under three months old, the parents can take paid leave until the baby is 11 months old.

Employees are entitled to five days of paid leave in the event of the death of a close family member.

Marriage Leave: Employees are entitled to five days of paid marriage leave.

Blood Donation Leave: Employees can take up to two days of paid leave for any voluntary blood donation, including the donation day.

An employer may grant leave without salary compensation to the employee (unpaid leave). During unpaid leave, all rights and duties resulting from the labor relationship shall remain.