Is any Longer Staying at Work Overtime?

Newsletter 107

The Belgrade Court of Appeals Adopts Position of TSG Lawyers

The Labour Law (“Official Gazette of the Republic of Serbia” No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of the Constitutional Court and 113/2017) stipulates when an employee is required to work overtime.

Article 53 of the Labour Law stipulates the obligation of an employee to work longer than full working hours at the request of the employer, in case of force majeure, due to a sudden increase in the workload and in other cases when it is necessary to complete an unplanned job within a specified deadline (overtime work).

In all its earlier versions, as well as in subsequent amendments and supplements, the Labour Law provides the same definition of overtime work.

The topic of overtime work with employers has become relevant in recent years, when employers have legitimately raised the issue what is meant by overtime and whether any and each longer factual stay at work is overtime, which the employer is required to pay to the employee in the form of increased salary.

The first instance courts in Serbia interpreted Article 53 of the Labour Law differently, ranging from that every longer factual stay at work was overtime work to sharing the opinion of the TSG lawyers.