Work permit for foreigners in Serbia – Conditions and guide

Work permit for foreigners in Serbia is a document issued by state authority and represents a document which enables a foreigner to work in Serbia.

Namely, if you wish to work and live in Serbia, you should submit the request for issuance of single permit which would enable you to obtain work permit as well as temporary residence permit. Namely, based on a single permit a foreigner is entitled to temporary residence and work permit in the Republic of Serbia.

Procedure for issuance of single permit may be done only electronically and through specific web portal. Single permit may be issued for a period of up to three years and it can be extended for a same period of time after expiration.

The legislation makes a difference when the applicant is a foreigner who is a citizen of European Union and when the applicant is citizen of a country which is not in European Union. Namely, the law prescribes that citizens of EU have free access to the labor market in Serbia, meaning that they are not obliged to obtain work permit. However, this provision will be applicable as of the day of accession of the Republic of Serbia to EU. Therefore, citizens of EU are also obliged to obtain single permit. 

Along with the application for the issuance of a single permit, the applicant shall submit:

1. a valid personal or official passport, or a valid identity card of a country whose citizens;
2. proof of justification for the request for the issuance of a single permit in accordance with the regulations governing the employment of foreigners, as well as other documents at the request of the competent authority;
3. the address of residence, address of accommodation, or a statement of the intended address of residence for a foreigner who is submitting an application for the issuance or extension of a single permit from abroad.

The competent authority shall decide on the application for the issuance of a single permit within 15 days from the date of receipt of a duly submitted application.

Types of work permits in Serbia

The basis for submitting an application for the issuance of a single permit may be:

• employment
• special cases of employment, and
• self – employment.

A foreigner may work in the Republic of Serbia only in positions for which they have been issued a single permit for employment, for special cases of employment, or for self-employment.

For each basis of issuance of single permit an assessment must be made. In following lines we will explain how the assessment shall be carried for each type.

Work permit on the basis of employment

The assessment of employment shall be carried out based on the position of the labor market and the assessment of the fulfillment of the following conditions:

1) the employer within 90 days before submitting the request for a single employment permit did not fire employees due to technological, economic or organizational changes in the workplaces for which a single employment permit is requested, in accordance with employment regulations;

2) the employer has initiated the implementation of the labor market test;

3) the existence of a proposal for an employment agreement or another agreement through which work-related rights are exercised.

Here we will explain what is considered under “labor market test”, since the request to conduct the labor market test is an integral part of the application for the issuance of a single permit. This request is submitted electronically as part of the service intended for issuing a single permit for the employment of a foreigner.

Upon submitting the request, the organization responsible for employment matters conducts a labor market test. The purpose of this test is to determine whether there are individuals in the employment organization’s records who meet the conditions specified by the employer for a particular job position.

Work permit on the basis of special cases of employment

Special cases of employment, include:

(1) posted workers,

(2) intra-company transfers,

(3) independent professionals,

(4) training and development.

For each of this specific category there are specific requirements in terms of documentation that needs to be submitted and based on which the assessment is conducted. Therefore, the assessment for posted workers is conducted based on the evaluation of the following conditions:

1. the existence of a business-technical cooperation agreement between the employer and the foreign employer;
2. that the posted worker has been employed or engaged by the foreign employer for at least one year and is registered for mandatory social insurance with the foreign employer;
3. the existence of an agreement between the employer and the foreign employer regarding the temporary assignment to work in the Republic of Serbia;
4. that the foreigner will return to work with the foreign employer who temporarily assigned them to the Republic of Serbia after the temporary assignment expires.

The assessment is valid for a period of up to three years and it can be extended for a maximum of three years.

The assessment for movement within a business company registered abroad is given for the purpose of temporarily assigning, i.e. moving an employee to work in a branch, representative office, or subsidiary company registered in the Republic of Serbia, who has been employed, i.e. employed by a foreign employer for at least one year on manager or specialist jobs.

The assessment for moving within the company is based on the assessment of the fulfillment of the following conditions:

1) that the referred person is employed, i.e. employed by a foreign employer for at least one year, i.e. at least three months in the case of an intern, and registered for compulsory social insurance with a foreign employer;

2) the existence of an act on referral to temporary work in the Republic of Serbia;

3) that the foreigner will be returned to work at the foreign employer who temporarily sent him to the Republic of Serbia after the expiration of the temporary assignment.

The assessment for an independent professional is based on the assessment of fulfillment of the following conditions:

1) the existence of a contract on the provision of contracted services with the employer or the end user of the services, which necessarily contains a deadline for performing the work;

2) work experience in a specific field that is the subject of a service contract for at least three years;

3) possession of a professional qualification in cases where it is necessary for the performance of services in accordance with the regulations governing the provision of services in the Republic of Serbia;

4) existence of registration of an independent professional.

The assessment for training and development is based on the assessment of fulfillment of the following conditions:

1) the existence of a contract with the employer on training, internship, professional practice, work practice, professional training, i.e. training, which contains the place and duration;

2) fulfillment of other conditions in accordance with a special law.

Work permit in case of self – employment

The assessment for self-employment is made based on the assessment of the fulfillment of the requirements regarding the appropriate qualifications of the foreigner for the performance of a specific activity, i.e. regarding the structure of the person who plans to hire, i.e., the employee. A foreigner who receives a unique permit for self-employment is obliged to start performing the tasks for which the unique permit was issued within 90 days from the date of obtaining that permit.

Application process and conditions for obtaining work permit in Serbia

The request for issuance of single permit which includes the permit for temporary residence and work permit must be submitted electronically. If the foreigner is submitting the request he must be registered through unique web portal for foreigners. Also, if the request is submitted by employer, employer is also obliged to conduct that procedure through special web portal.

When submitting a request for the issuance of a single permit, the following evidence shall be attached or obtained:

1) a valid personal or official passport, i.e. a valid identity card of the country whose citizens can enter the Republic of Serbia with an identity card;

2) evidence of the justification of the request, in relation to the specific basis for issuing a single permit and

3) address of residence, i.e. statement of intended address of residence for a foreigner who submits a request for issuance of a single permit from abroad.

We emphasize that above-mentioned documents that were not issued by the competent authorities of the Republic of Serbia or that were not prepared in the Serbian language, shall be submitted with a translation by an authorized court translator. Administrative fee for issuance of single permit amounts to RSD 22.790 (approx. EUR 200).

Procedure and documentation for single permit based on the employment and self – employment

To prove the justification of the request for the issuance of a single permit based on employment, the following evidence shall be obtained:

1) a proposal for an employment contract or other contract by which a foreigner without establishing an employment relationship exercises rights based on work, in accordance with the law;

2) extract from the rulebook on the organization and systematization of jobs or, if the employer has less than ten employees, the employer’s statement containing the name and description of jobs, the level and type of qualification, that is, education and other special conditions for working on jobs for the position;

3) diploma, certificate, or other public document on the acquired appropriate level and type of qualification;

4) a certificate that within 90 days prior to submitting the application for a single employment permit, the employer did not fire employees due to technological, economic or organizational changes at workplaces for which a single employment permit is requested, in accordance with labor regulations.

This certificate is obtained by the organization responsible for employment through official means.

In order to prove the justification of the request for the issuance of a single permit based on self-employment, a document must be attached, that is, a certificate proving that the foreigner has the appropriate qualifications to perform a specific activity, in accordance with the law.

Extension of work permit – How to

Request for extension of work permit must be submitted also electronically -as the request for its issuance. The request for extension of work permit must be submitted no earlier than three months, and no later than the expiry of the validity period of the single permit. However, if it is in the interest of the Republic of Serbia or due to the existence of force majeure, the competent authority can consider the request for the extension of the single permit that was submitted after the expiration of the validity of the single permit, if the time period between the expiration of the previously valid single permit and the submission of the request for the extension of the single permit is shorter of three months. If, in this case, the competent authority approves the issuance of a single permit, the period between the expiration of the valid single permit and the submission of a request for the extension of the single permit is considered a legal and continuous stay.

The conditions and documentation for extension of the single permit are the same as for the issuance, therefore you can see above relevant part.

Frequently asked questions

In case you have adequate legal support, obtaining work permit in Serbia is not complicated or long-lasting proceedure, however, there are few key questions that need to be considered.

Conclusion

Work permit in Serbia is a document which enables a foreigner to work in Serbia. As explained, the law prescribes strict conditions for obtaining permit, and besides that it is stipulated that if you wish to live and work in Serbia, you should submit the request for issuance of single permit. Single permit encompasses work permit and residence permit. Request for issuance must be submitted only electronically and together with relevant documentation. Permit is issued for a period of up to three years and may be extended for a same period of time. If you wish to apply for issuance of the work permit, we suggest that you do it with legal assistance in order to fulfill all necessary legal steps.

This article is for informational purposes only and does not constitute legal advice. If you need additional information regarding the topic in question, please feel free to contact us by email at office@ncrlawyers.com or by phone at +381677049551.