Serbia

Labor Compliance Guide

Labor Requirements

Labor relations in Serbia are regulated by the Labor Law, constitution, collective and individual contract laws.

Hours & Pay Regulations

Normal Working Hours

A standard workweek is 40 hours, usually consisting of five eight-hour workdays. Labor Law, Art 50 &55.

 

Rescheduling of Work

An employer can re-schedule work when the nature of the business, organization of work, better use of occupational means, more effective use of working hours and performance of certain jobs by set deadline require so. Re-scheduling of working hours shall be accomplished so that the total working hours of an employee for a six-month period in a calendar year do not exceed, on average, the full time working hours. In case of such re-scheduling, working hours shall not exceed 60 hours per week. Re-scheduling of working hours shall not be treated as overtime. Labor Law, Art 58 & 59.

Overtime

Overtime cannot last for more than 8 hours per week, or four hours a day per employee. Any employee working overtime shall be entitled to a premium of 26% of the basic salary.

 

The employer to duly keep day-to-day records of its employees’ overtime work. These overtime records should also serve as evidence of overtime work at the employer, required along with the already prescribed duty on part of the employer to adopt a decision introducing the overtime work, defining the types of jobs, commencement, and duration of overtime. Labor Law, Art 50, 55 & 108(3) and Law on Records-Keeping at Work.

Night Work

Work performed in the period from 22.00 until 6.00 of the following morning shall be considered night work. If work is organized in shifts, an employer shall provide a change of shifts, so that no employee works the night shift continuously for more than one workweek.

 

Any employee working nights shall be entitled to al premium of 26% of the basic salary.  Labor Law, Art 62 ,63 & 108(2).

Breaks

Any employee working full time is entitled to a daily recess of no less than 30 minutes. Any employee working more than four and less than six hours a day is entitled to a daily recess of no less than 15 minutes. Any employee working more than full time/full working hours, meaning no less than 10 hours a day is entitled to a daily recess of no less than 45 minutes. The daily recess cannot be used at the beginning, or at the end of a workday. Labor Law, Art 64.

Work On Rest Days

Daily Rest Period

Employees are entitled to a rest period of minimum 12 consecutive hours between two consecutive workdays. Labor Law, Art 66.

 

Weekly Rest Period

Employees are entitled to a weekly rest for a minimum of 24 straight hours which is usually taken on Sundays. Labor Law, Art 67. 

Public Holidays

There are 14 national holidays in Serbia and 4 working holidays.

 

The national holidays of the Republic of Serbia are also New Year’s Day, Labor Day, Victory Day, and Peace Day in the First World War. Religious holidays are the first day of Christmas (January 7) and Easter holidays beginning on Good Friday and ending with the second day of Easter.

 

Employees have the right not to work on the following religious holidays:

      • Orthodox – on the first day of baptismal glory;
      • Catholics and members of other Christian religious communities – on the first day of Christmas and on the Easter holidays, beginning on Good Friday, ending with the second day of Easter, according to their calendar;
      • Members of the Islamic community – on the first day of the Ramadan Bayram and the first day of the Kurban Bayram
      • Members of the Jewish community – on the first day of Jom Kippur.

If one of the dates when the national holidays of the Republic of Serbia fall on a Sunday, the holiday is postponed to the next working day An employee shall be entitled to a premium of a minimum of 110% of the basic salary for work at holidays.

 

The Republic of Serbia celebrates and commemorates the Holy Sava Day – Spirituality Day, Vidovdan – Memorial to the Battle of Kosovo, Day of Remembrance for Holocaust, Genocide and Other Victims of Fascism in World War II and Day of Remembrance for Serbian Victims in World War II – Memorial to 21 October 1941 and the bloody autumn of 1941 when the German occupation forces carried out a mass war crime against civilians in Kragujevac and throughout Serbia.

 

St. Sava’s Day is celebrated on January 27, the Day of Remembrance for Holocaust Victims, Genocide and Other Victims of Fascism in World War II – April 22, Vidovdan in June 28, Memorial Day for Serbian Victims in World War II – October 21. Law on State and Other Holidays in the Republic of Serbia & Labour Law A108(1), Art 1 -5.

Annual Leave

In each calendar year, the employee is entitled to an annual leave of no less than 20 working days. Any employee shall be entitled to one-twelfth of his/her annual leave for each month of work in that calendar year: 

      • If in the calendar year in which an employee has entered employment for the first time and he has not been employed for six months of consecutive work;
      • If in the calendar year he/she failed to earn the right to the annual leave because of termination of employment

An employer entering into employment for the first time or has discontinued work for more than 30 business days, shall earn the right to an annual holiday after six months of uninterrupted work.  When the duration of annual leave is calculated, a workweek is defined as 5 working days.

 

Annual leave may be used in two parts. The first part shall last no less than 2 working weeks in the course of a calendar year, and the second part not later that from June 30th of the following year. The following will not be included in the annual holiday:

        • Holidays that are not workdays
        • Absence from work with compensation of salary, and;
        • Temporary inability to work pursuant to regulations on health insurance.

If an employee is temporarily unable to work during his/her annual holiday pursuant to health insurance regulations, he/she shall be entitled to the continuation of his/her annual holiday upon expiry of such inability. Labor Law, Art 68-76.

Minimum Wage

Effective January 1, 2020, the minimum salary in Serbia has increased to RSD 172.54 net/hour. 

 

 

 

 

 

The minimum wage stated may not be up to date & is subject to change. Kindly access the link to get the current rates.

Special Leave

Maternity Leave

An employed woman is entitled to leave for pregnancy and leave for childcare for a total duration of 365 days.  An employed woman may start her maternity leave pursuant to the advice of a competent medical authority 45 days before the delivery term at the earliest and 28 days at the latest. Maternity leave shall last until 3 months after the childbirth. 

 

An employed woman shall not work overtime and during the night during the first 32 weeks of her pregnancy should such work be harmful to her health and health of her child, based on the advice of competent medical authority. An employed woman shall not work overtime and during the night during the last eight weeks of her pregnancy.

 

An employed woman is entitled to maternity leave and leave for childcare for third and any subsequent child in the duration of two years.  The right to maternity leave and absence from work for childcare in the total duration of two years shall also be granted to any employed woman who gives birth to three or more children from her first pregnancy, as well as to any employed woman who gives birth to one, two or three children, and gives birth to two or more children in the subsequent delivery.  Upon expiry of maternity leave, she is entitled to leave for childcare till the expiry of two years from the day her maternity leave referred to in Article 94, para. 2 of this law started maternity leave. Labor Law, Art 94.

 

The right to maternity leave in the duration set shall also be granted to any employed woman should her child be stillborn or dies before the expiry of the maternity leave. Labor Law, Art 95.

Child Care Leave

An employed woman, upon expiry of maternity leave, is entitled to leave for childcare to the expiry of 365 days after the outset of the maternity leave. Labor Law, Art 94.

Leave for Child with Disabilities

One of the parents to a child in need of special care because of severe psycho-physical disability, except in cases covered by health insurance regulations, is entitled to, after the expiry of maternity leave and leave for childcare prolong absence from work or work half-time 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. Labor Law, Art 96, 98.

Paternity Leave

The father of the child may claim to leave for up to 3 months 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. Labor Law, Art 94.

Foster Care & Adoption Leave

A foster parent or guardian of a child below the age of 5 shall be granted the right to absence from work in the duration of eight successive months, from the day the child is placed into the foster or guardian family, for the care of that child, before the child turns 5.

 

If the placement into foster or guardian family took place before the child turns three months, the foster parent or guardian of that child shall be entitled to leave from work until the child turns eleven months, for the care of that child.

 

The rights of foster parents or guardians shall also be granted to a person to whom, pursuant to adoption regulations, the child has been sent for adjustment before the official adoption, and when the adoption becomes official, one of the adoptive parents, as well. 

The same right shall be granted to a person to whom, pursuant to adoption regulations, the child has been sent for adjustment before the official adoption, and when the adoption becomes official, one of the adoptive parents, as well.

 

One of the parents, adoptive parents, foster parents or guardians shall be entitled to absence from work until the child turns 3. Labor Law, Art 97.

Paid Leave

Any employee shall be entitled to absence from work with compensation of salary (paid leave) in the total duration of seven business days in the course 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 in the general document and labor contract. The employer may also grant leave without compensation of salary to the employee. Labor Law, Art 77 & 78.

Bereavement Leave

Five working days in case of the death of a member of the immediate family. Labor Law, Art 77.

Blood Donation Leave

Two days for any instance of voluntary blood donation, including the donation day itself. Labor Law, Art 77.

Last updated on: July 6th, 2020