Guide to Labour Law

TYPES OF EMPLOYMENT RELATION IN TERMS OF DURATION

 

An employment relation may be established for:

  • an indefinite duration
  • a fixed term

A fixed-term employment relation may not exceed a period of 24 months (maximum duration of a fixed-term employment relation).

A fixed-term employment contract may be concluded to establish an employment relation whose duration is predetermined by objective reasons arising from deadlines, completion of a certain task or occurrence of a certain event during the term of such employment.

Exceptions to the rule on the maximum duration of a fixed-term employment relation include:

  1. replacing a temporarily absent employee until such time as he or she returns;
  2. work on a project whose duration is predetermined, until the end of the project at the latest;
  3. hiring a foreign national, based on a work permit in accordance with the law, until expiry of work permit at the latest;
  4. employment with a newly established employer for up to 36 months, where not more than one year has passed between the entry of such employer into the register of the competent agency and the date of the employment contract;
  5. hiring unemployed persons who lack no more than five years to meet one of the requirements for mandatory retirement, until such requirement is met, in accordance with retirement and disability insurance regulations.

Upon expiry of the employment contract under Items 1-3, the employer may conclude another fixed-term employment contract with the same employee, on the same or other legal grounds, in accordance with Article 37 of the Labour Law.

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Translation: Vojislava Katić

Saša Sinđelić

Attorney at Law | Partner

Ivana Stefanović

Attorney at Law | Partner

TSG