Last updated on: February 28th, 2022
The Labour law in Serbia is regulated mainly by the Employment Act (Official Herald of RS, No. 113/2017). The Act governs the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leaves, and termination of employment. The other regulations that govern labor relationships are the Law on State and Other Holidays in the Republic of Serbia (Official Gazette of RS, No. 92/2011).
Hours & Pay Regulations
In each calendar year, the employee is entitled to annual leave as may be fixed by the legislation or an employment agreement but no less than 20 working days.
While deciding the length of annual leave, the working week shall be counted as 5 workdays. Public Holidays (non-working days), paid absence from work and the temporary inability for work shall not be counted as annual leave days.
An employee is entitled to the right to use the annual leave in a calendar year after 1 month of continuous employment from the day of conclusion formation of the employment relationship with the employer. The period of continuous work also includes a period of temporary inability for work and paid absence from work.
Proportional Part of Annual Leave
An employee is entitled to 1/12th of the annual leave (proportionate part) for each month of work in the calendar year in which the employment relationship is formed. Annual leave may be used in one or two parts unless agreed with the employer to use the annual leave in several parts. The first part shall be used for the duration of at least 2 weeks and the remaining leave shall be used latest until June 30 of the following year.
An employee who has not used annual leave either in whole or in part in the calendar year due to absence from work under the maternity leave, absence from work for child care and special child care – is entitled to use that leave until June 30 of the following year.
Sickness during Annual Leave
An employee who becomes temporarily unable to work during the period of annual leave shall be entitled to continue the annual leave at the expiry of such inability to work.
Termination of Employment
In case of termination of an employment relationship, the employer shall pay the employee for the unused annual leave, compensation in the amount of average salary in the previous 12 months, in proportion to the number of days of unused annual leave. Employment Act (Official Herald of RS, No. 113/2017), Art. 68 – 76.
Effective January 1, 2022, the minimum salary in Serbia has increased to RSD 201.22 per hour.
The minimum wage stated may not be up to date & is subject to change. Kindly access the link to get the current rates.
- 65% of the average salary in the 12 months preceding if illness or injury was not sustained at work;
- 100% if inability is caused by an occupational illness or injury sustained at work.
An employee shall submit to the employee no later than 3 days from the occurrence of temporary impediment from work, a certificate issued by a physician. Such a certificate has to be issued in accordance with the health insurance regulations. For sick leave longer than 30 days, the employer has the right to request a refund of paid salaries from the State agency. Employment Act (Official Herald of RS, No. 113/2017), Art. 115 and 119.
An employed woman is entitled to leave for pregnancy and leave for childcare (nursing a child) for a total duration of 365 days. An employed woman may start maternity leave 45 days before the date of delivery at the earliest and 28 days at the latest. Maternity leave shall last until 3 months after childbirth.
An employed woman after the expiry of maternity leave is entitled to a leave of absence to nurse a child until the expiry of 365 days from the day of commencement of maternity leave. This right to maternity leave (which lasts for about 3 months post-childbirth) shall also be granted to any employed woman in case the child is stillborn or dies before the expiry of the maternity leave.
The father also has the right to use the maternity leave in the case when the mother abandons the child, dies, or is prevented due to other justified reasons to exercise that right (serving a prison term, serious illness, and similar situations). The father of the child has that right even when the mother is not employed. Fathers are also entitled to use the childcare leave available to the mother in such circumstances.
An employed woman is entitled to maternity leave and leave for childcare for a third and any subsequent child for a total duration of 2 years.
The right to maternity leave and absence from work for childcare in the total duration of 2 years shall also be granted to any employed woman who gives birth to three or more children from her first pregnancy. The above right to leave is also applicable to any employed woman who has given birth to one, two, or three children, and who gives birth to two or more children in the subsequent delivery.
Pay – During the maternity leave employed women or fathers to the child are entitled to compensation of salary. Employment Act (Official Herald of RS, No. 113/2017), Art. 94, 94a, and 95.
Any employee is entitled to paid leave in the total duration of 5 working days in the period of one calendar year in case of marriage, wife giving birth to a child, serious illness of a member of immediate family, and other instances set by legislation or in the employment contract. Employment Act (Official Herald of RS, No. 113/2017), Art. 77 – 78.
One of the parents, adoptive parent, foster parent, or legal guardian to a child in need of special care because of severe psychological or physical disability, except in cases covered by health insurance regulations, is entitled to, after the expiry of maternity leave and leave for childcare absence from work or work half of the full working hours up to the age of five of the child.
Parent or guardian, or a caregiver of a person disabled by cerebral palsy, any kind of plegia or muscular dystrophy and other severe diseases, may, upon the advice of a competent medical authority, and upon own request to work shorter hours, but not shorter than half-time. An employee working part-time working hours as per the above paragraph is entitled to a salary in proportion to the time spent at work.
Pay – During the absence from work, employees are entitled to compensation of salary. Employment Act (Official Herald of RS, No. 113/2017), Art. 96 and 98.
The father of the child can take until the end of three months from the day of childbirth in case the mother deserts the child, dies, or is prevented from caring for the child due to other justified reasons (serving a prison sentence, being severely ill, etc.). The father is entitled to that right even in case the mother is not employed. The father is entitled to a leave of absence to nurse a child until the expiry of 365 days from the day of commencement of maternity leave.
Pay – During the absence from work, employees are entitled to compensation of salary.
A foster parent of a child below the age of 5 shall be granted absence from work in the duration of 8 successive months, from the day the child is placed into the foster, and at the most until the child turns 5 years of age. If the placement into foster took place before the child turns 3 months, the foster parent of that child shall be entitled to leave from work until the child turns 11 months, for the care of that child.
The rights of foster parents shall also be granted to a person to whom, pursuant to adoption regulations, the child is directed for adoption before the official adoption process has been completed, and when the adoption becomes official, one of the adoptive parents, as well. One of the parents, adoptive parents, foster parents shall be entitled to unpaid leave of absence from work until the child turns 3 years of age.
Pay – During the absence from work, employees are entitled to compensation of salary. Employment Act (Official Herald of RS, No. 113/2017), Art. 97.
The employer may also grant leave without compensation of salary to the employee for the following purposes:
- Leaving to serve in the military to complete the period of military service;
- Being assigned to work abroad by the employer or within the framework of international technical or educational and cultural cooperation, to diplomatic, consular, and other missions;
- Being temporarily assigned to work with another employer;
- Appointed to the office within a state agency, trade union, political organization, or to another public office the exercising of which requires temporary cessation of work for the employer;
- Serving a prison sentence i.e. imposed safety, correctional or protective measure, lasting up to 3 months.
Responding to the summons of a State Agency.
The employer can claim a refund from the State agency, the compensation paid for the purpose of military leave, and responding to summons of a state agency – from the agency whose summons was responded to by the employee. Employment Act (Official Herald of RS, No. 113/2017), Art. 78 – 79 and 114.
Employees are entitled to paid leave for 5 working days in case of the death of a member of the immediate family. Employment Act (Official Herald of RS, No. 113/2017), Art. 77.
An employee is entitled to 2 consecutive days of paid leave for every instance of voluntary blood donations, counting also the day of donating blood. Employment Act (Official Herald of RS, No. 113/2017), Art. 77.