COUNTRY

Employment contracts in Serbia may be for either an indefinite term or a fixed term. Generally, a fixed-term contract may not exceed 24 months and is only allowed for work on a specific project, replacement of a temporarily absent employee and certain other legally recognized purposes. Under some circumstances, the term can be 36 months.

The employment contract must be in writing and signed by both the employer and the employee. The employer retains two copies, and the employee receives one. The employment contract may also establish a probationary period, which may not last longer than six months.

The standard work week in Serbia is 40 hours over five days and cannot be shorter than 36 hours per week. Workers in jobs that are particularly difficult or dangerous, even after appropriate measures are taken to make them safer, may have reduced hours, down to 30 per week.

Employees may be required to work overtime only when there is a compelling reason. Overtime is capped at eight hours per week, and employees may not work more than 12 hours in one day. An employee is paid 126% of their standard hourly rate for overtime hours. Work on a public holiday is compensated at 110% of the employee’s standard rate. The employer is required to keep records of all overtime work.

Employees who work between 10 p.m. and 6 a.m. and who do not normally work during this time are paid 126% of the standard hourly rate. An employee must consent to working at night for more than one week.

Employees receive paid sick leave in Serbia. The first 30 days are paid at 65% of the employee’s average salary over the previous 12 months, or 100% if the employee has suffered a work-related illness or injury. After 30 days, the employer continues to pay the benefit, but can seek reimbursement from social security. The employee should submit a medical certification of their illness within three days, which indicates how long the employee is likely to be absent from work. If the employer doubts that the employee’s absence is justified, the employer may request that the local health authority assess the employee’s condition.

Female employees receive a combination of maternity leave and childcare leave in Serbia that covers one year. Maternity leave begins 28 to 45 days before the estimated date of birth and continues until three months after the birth. After the maternity leave ends, the mother is entitled to childcare leave, which lasts until 365 days have passed since the start of her maternity leave. A woman who has two children is entitled to a combination of maternity and childcare leave totaling two years for her third child and any additional children. Nursing mothers are entitled to breaks or a shortened workday to allow time for breastfeeding.

During maternity and childcare leave, the employee receives her average salary over the past 12 months, up to a maximum amount set by law. If she works on a fixed-term contract, the contract is automatically extended to the end of the leave. A parent on maternity or childcare leave may not be terminated under normal circumstances.

A father receives five days of paid paternity leave for the birth of his child. He is only entitled to additional paid paternity leave in exceptional circumstances.

Serbia has a minimum wage. Performance-based bonuses are common in Serbia. All employees are entitled to a set pay raise for each year of work for the same employer.

Employees receive a minimum of 20 days of paid annual leave in Serbia. If an employee is in the first year of employment, they accrue 1/12 of the total annual leave per month.

In Serbia, the public holidays are:

• New Year’s

• Orthodox Christmas

• Statehood Day

• Orthodox Good Friday

• Orthodox Easter Monday

• Labor Day

• Armistice Day

• Western Christmas (for non-Orthodox Christians)

• Good Friday (for non-Orthodox Christians)

• Easter Monday (for non-Orthodox Christians)

• Eid al-Fitr (for Muslims)

• Eid al-Adha (for Muslims)

• Yom Kippur (for Jews)

Serbia has universal healthcare.

Employers in Serbia may terminate an employee for a reason. Recognized reasons are changes to the nature of the business unrelated to the employee and reasons specific to the employee, such as poor performance, breach of their employment contract, or behavior at work that is negligent or reckless. Employees terminated for business reasons are not entitled to notice. If the employer seeks to terminate an employee for performance reasons, the employer must first provide the employee a written warning informing the employee of the unsatisfactory conduct, warning the employee that they may be terminated for this conduct, and explaining why termination may be the remedy.