WORK PERMIT FOR FOREIGN CITIZENS IN THE REPUBLIC OF SERBIA

Work Permit

The employment of foreign citizens in the Republic of Serbia is regulated by the Law on Employment of Foreign Citizens (“Off. Gazette of RS” No. 128/14) (hereinafter referred to as the “Law”) and the Rulebook on Work Permits for Employment (“Off. Gazette of RS” No. 94/15).

A foreign citizen who is employed in the Republic of Serbia in accordance with the Law has the same rights and obligations regarding work, employment, and self-employment as citizens of the Republic of Serbia. Accordingly, a foreign citizen is considered unemployed under the regulations on employment and unemployment insurance and has the same rights as Serbian citizens if the conditions outlined by the Law are met.

The employment of foreign citizens is permitted under the condition that they possess either a temporary residence permit or a permanent residence permit and a work permit, unless otherwise specified by the Law.

A work permit may be issued as: (i) a personal work permit or (ii) a work permit. Only one of these two types of permits may be issued for the same period of time.

Personal Work Permit

A personal work permit shall be issued to:

1. Foreign citizens who have acquired a residence permit.
2. Persons with refugee status.
3. Persons belonging to special categories (e.g., seeking asylum).
4. Immediate family members of persons covered under points (1) and (2).
5. Immediate family members of Serbian citizens.
6. Foreigners of Serbian origin up to the third degree of consanguinity in the direct line.

Work Permit

A work permit is issued for:

1. Employment.
2. Special cases of employment.
3. Self-employment.

Based on a work permit, a foreign employee can only be employed for the specific job for which the permit was issued.

Work Permit for Employment

A work permit for employment is issued in accordance with labor market conditions and at the employer’s request, provided:

1. The employer has not terminated employment due to redundancy at the position for which the permit is being requested.
2. The employer has, within one month prior to submitting the request, been unable to find Serbian citizens, persons with free access to the labor market, or foreign citizens with personal work permits possessing the required qualifications as recorded by the National Employment Service.
3. The employer submits a draft employment agreement or another agreement outlining rights stemming from employment, in accordance with the Law.

A work permit for employment is issued for the duration of the planned employment, but no longer than the period of temporary residence.

Work Permit for Special Cases of Employment

A work permit for special cases of employment may be issued for:

1. Assigned personnel.
2. Independent professionals.
3. Transfers within a company.

For example:

• A work permit for assigned personnel can be issued if the foreign citizen holds a residence permit, there is an agreement between the foreign and Serbian employers outlining the place and term of services, evidence that the employee has been employed with the foreign employer for at least one year, and a letter of assignment or similar document is provided.
• A work permit for a transfer within a company may be issued at the request of a branch or affiliated company in Serbia for the temporary relocation of an employee who has been employed by the foreign employer for at least one year in the role of director, manager, or specialist (i.e., key staff).
• A work permit for an independent professional requires a temporary residence permit, an agreement with an employer or service user specifying the job duration, relevant higher education or technical qualifications, and specific professional experience.

A work permit for special cases is issued for the period required for the job but not longer than one year.

Work Permit for Self-Employment

A work permit for self-employment is issued at the request of a foreign citizen with a temporary residence permit in Serbia who submits the required documentation as specified by the Law. This permit is issued for the duration of the temporary residence permit, up to a maximum of one year, with the possibility of extension if the foreign citizen provides evidence of continuing the same work under the same conditions. The foreign citizen must commence activities for which the work permit is issued within 90 days of receiving the permit.

Exemptions from Work Permit Requirements

The Law regulates certain cases in which foreign citizens can work in Serbia without a work permit. For instance, a foreign citizen may work in Serbia without a work permit if:

• They reside in Serbia for less than 90 days within a six-month period from the date of their first entry into the country, and
• They are a shareholder, founder, legal representative, or a member of a corporate body of a Serbian legal entity without being employed in that legal entity.
• They are assigned to perform work based on an agreement for purchasing goods, leasing equipment, installation, repair, or training related to those machines or equipment.
• Other cases determined by the Law.

Procedure for Issuance and Extension of Work Permits

The National Employment Service is responsible for the first-instance decisions regarding the issuance, extension, and cancellation of work permits. Requests must be submitted based on the foreign citizen’s place of temporary or permanent residence, the employer’s headquarters, or the work location, depending on the type of permit.

Requests for extensions must be filed no earlier than 30 days and no later than 15 days before the permit’s expiration.

Required Documentation and Process

For each type of work permit, specific documentation and processes are required, as detailed in the Rulebook on Work Permits for Employment.

Legal Assistance

Our Law Firm is at your disposal for any further questions and consultations regarding the necessary documentation and applications for work permits.

Attorney at Law Damir Petrović

The information contained herein has been provided for general informational purposes only and should not be considered legal opinion or advice. Accordingly, Petrović & Partners Law Firm disclaims all responsibility and accepts no liability for actions taken or not taken based on any or all contents herein.