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Written Agreements

Employment contracts must be concluded in writing in Serbia and signed by both employers and employees. They are made in at least 3 copies, 1 of which must be given to the employee, and 2 copies are kept by the employer.

Employment contracts contain information on identities and address of both parties, name and description of job, working hours, salary and benefits, leave, etc. They can also contain non-competition clause, established only if there are conditions for the employee to acquire new, particularly important technological knowledge, a wide circle of business partners or to learn important business information and secrets by working for the employer for a maximum of 1 year.

Oral Agreements

Written employment contracts are mandatory in Serbia. If an employment contract is not concluded in writing, the employment relationship is considered to be concluded for an indefinite term.

Implied Agreements

An employment contract will be implied if the words, signs, and actions of the parties involved express the existence of such a contract.

Full-time work is 40 hours per week or 8 hours a day. A general act can establish that shorter work week than 40 hours per week, but not shorter than 36 hours per week. For employees under 18 years of age, working hours must not exceed 35 hours a week or 8 hours a day. For employees working in particularly difficult, strenuous and health-damaging jobs, working hours are reduced in proportion to the harmful effect of working conditions on employees' health and work ability, and by a maximum of 10 hours per week.

The schedule of working hours within the working week is determined by employers.

Employers can also redistribute working time of employees such that in a period of 6 months their average is not longer than the contracted working time, when the nature of the activity requires it. In case of redistribution of working hours, working hours cannot last longer than 60 hours per week. Redistribution of working time is not considered overtime.

Indefinite-term employment contracts can include probationary periods of up to 6 months. During probation, employers can terminate the contract by giving at least 5 days' notice with a justified cause. Employees who do not demonstrate adequate work and professional skills during the trial period will have their contract terminated on the day of the expiry of the term specified in the employment contract.

Notice Period

An employer may terminate an employment contract by giving notification in writing with the reason for termination and advice on the legal remedy. The employee may terminate the employment contract by giving at least 15 days' notice to the employer in writing. If the employment is terminated due to lack of performance or skills, the employee must be given advance notice of at least 8 days and not more than 30 days. If a warning has been issued to the employee within the last 6 months stating how they underperformed, how to improve performance, and how long the employee has to improve, then there is no notice requirement for the employee's termination. In case of economic redundancy, no notice is required, but employees are paid severance.

Severance Benefits

Employees who are made redundant are entitled to severance pay in the amount of at least 1/3 of the average earnings over the last 3 months for each year of service. Work for a predecessor employer (in the case of acquisition) is included in the years of service. No severance is paid for those dismissed for personal reasons. Employees who retire are also paid severance in the form of 2 times their average monthly salary.

Minimum Wage

All employees in Serbia have the right to a minimum wage for standard performance and time spent at work. Minimum wage is determined by the decision of the Social-Economic Council after negotiations with trade unions. If the Social and Economic Council does not make a decision within 15 days from the date of the start of the negotiations, the government makes a decision on the level of the minimum wage within the next 15 days.

The minimum wage is RSD 308.00 per hour, effective January 1, 2025.

Overtime, Holiday & Vacation Pay

Employers can ask their employees to work longer than full-time in case of force majeure, sudden increase in workload and in other cases when it is necessary to complete unplanned work within a certain period. Overtime cannot last longer than 8 hours a week. An employee cannot work more than 12 hours a day, including overtime. Employees are paid at least 26% of their basic wage as a premium for working overtime.

Employees who work on public holidays are entitled to a premium of at least 110% of their basic salary.

Employees are paid their average salary for the duration of annual leave.

Visas

Serbia issues the following types of visa for entry:

• Short stay visa (Visa C) - A short-stay visa is an authorization to enter the country, transit through Serbia or stay in the country for up to 90 days in any period of 180 days, counting from the day of first entry. It is visa is issued for tourist, business and other trips for single or multiple entries.
• Long stay visa (Visa D) - A long-stay visa is an authorization to enter and stay in Serbia for a period of 90 to 180 days. Visa D is issued to a foreign citizen who needs a visa to enter Serbia and who intends to apply for a temporary residence permit.

Serbia allows visa-free entry to holders of foreign national passports who have a valid Schengen visa, a visa of Great Britain and other member states of the European Union, or a visa of the United States of America, as well as for holders of foreign national passports that have a regulated stay in Schengen zone countries, European Union member states or the United States of America.

Work Permits

Foreign citizens who are employed in Serbia must obtain a residence permit and work permit unless an international agreement stipulates otherwise. A long stay visa is required to enter the country and apply for the permits.

A work permit can be issued as personal work permit or work permit. A personal work permit is a work permit that enables a foreign national to freely employ, self-employ and exercise unemployment rights. It is issued if the foreign national has a permanent residence permit, has refugee status, or belongs to a special category. A personal work permit is issued in cases determined by an international agreement and is valid for the period that the foreign national's ID is valid.

A work permit is a type of work permit issued as:

• Work permit for employment
• Work permit for special cases of employment
• Work permit for self-employment

A foreign national with a work permit can only perform the jobs for which they have received a permit in Serbia.

Students who are foreign nationals may obtain a work permit as long as the employer follows the requirements listed above. However, the student may not work more than 20 hours a week or 80 hours a month while school is in session.

Employers who have their headquarters in a member state of the European Union, the European Economic Area, or the Swiss Confederation may send an employee who is not an EU citizen to work without a work permit provided that the employee has a valid residence and work permit for the member state which the employer is headquartered.