Ivana Stefanović

Senior Lawyer

02. 09. 2018.

Solution for foreign nationals deployed to work in Serbia for periods exceeding 1 year

Is there a solution if there is a need to employ a foreign national in Serbia after the maximum period for which a foreign national can be deployed to work in the Republic of Serbia (one year/two years)?

A work permit for deployed persons employed by a foreign employer is issued at the request of the employer for the purpose of performing work or performing operations or providing services on the territory of the Republic. This type of work permit is issued for a period for which the contract is concluded between the employer, the recipient of services, and the foreign employer, but not longer than one year. A work permit for deployed persons can be prolonged for up to two years or, if Serbia has entered into an international agreement regulating deployment, in accordance with the terms and conditions stipulated by that agreement. (Article 19 of the Law on the Employment of Foreign Nationals.)

The position of the Ministry of Labour, Employment, Veterans’ and Social Affairs is that foreign nationals after the expiry of the above-mentioned term can be employed on the basis of employment.

However, having in mind that foreign nationals often want to remain in employment with foreign employers so as not to remain deprived of various benefits and social security in the home country, in the event of the need for working engagement of deployed persons exceeding one year/two years, foreign nationals in Serbia can enter into an Agreement on Complementary Work and thus overcome the time limit for the duration of deployment while staying in employment with a foreign employer. (Opinion of the Ministry of Labour, Employment, Veterans’ and Social Affairs No. 011-00-00386/2018-24 of 26th June 2018.)

TSG