Ivana Stefanović

Senior Lawyer

20. 08. 2018.

Can foreign nationals in Serbia conclude employment contracts for an indefinite period of time?

The position of the Ministry of Labour, Employment, Veterans’ and Social Affairs is that foreign nationals cannot conclude employment contracts in Serbia for an indefinite period of time. (Opinion of the Ministry of Labour, Employment, Veterans’ and Social Affairs No. 011-00-562/2018-02 dated 18th July 2018).

This interpretation is based on the provisions of Article 37, paragraph 4, item 3 of the Labour Law, which stipulates that an employer may conclude an employment contract with a foreign citizen exclusively on the basis of a work permit, with a term not exceeding the expiry date of the term for which the work permit was issued.

Since the precondition for the conclusion and duration of employment with foreign nationals is the existence of a work permit, the position of the Ministry is that foreign nationals cannot conclude an employment contract for an indefinite period of time, but with such a person either a new employment contract or an annex to an existing work contract can be concluded for a fixed period time each time when a work permit is prolonged.

TSG