No work and residence permit needed for assembly work in Serbia
Newsletter 140 Key words: Construction work in Serbia, unified work and residence permit, employment of foreigners, exceptions
Employment of foreigners and obtaining a unified permit for their work and residence in the Republic of Serbia is regulated by the Law on Foreigners and the Law on Employment of Foreigners.
In addition to the procedure for obtaining a unified permit for the employment of foreigners, the Law on Employment of Foreigners prescribes exceptions to the obligation to obtain it. In the following, we single out one of the exceptions that causes the most attention in practice.
Are foreign contractors in the Republic of Serbia obliged to obtain a unified permit?
A foreigner whose stay in the Republic of Serbia does not last longer than 90 days in a period of 180 days counting from the day of first entry, i.e. longer than the stipulated period of stay in accordance with the international agreement, exercises the right to work in the Republic of Serbia during the specified period without a unified work and residence permit being issued:
- An assigned person who performs work in the Republic of Serbia on the basis of a contract for the purchase of goods, the purchase or rental of machines or equipment, their delivery, installation, assembly, repair or training for working on these machines or equipment.
In addition to the prescribed exception from the obligation to obtain a unified work and residence permit, the obligation of the domestic business entity to apply all prescribed safety and health measures at work is not excluded, regardless of the period of stay of the foreigner and his status as an authorized person.
What if, as an employer, you are not certain that the work will be carried out within 90 days?
If there are indications that the work performed by foreigners will last longer than 90 days in a 180-day period, the advice is to obtain a unified work and residence permit for those foreigners in any case. In this way, foreign employers will without doubt be in compliance with legal obligations in the Republic of Serbia. In this way they will avoid stressful situations in the event of unplanned complications that lead to the extension of stay and work, but also going before the judge for misdemeanours and paying fines.
