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WORK (EMPLOYMENT) PERMIT IN SERBIA – LAW FIRM BELGRADE

We are the witnesses that foreigners nowdays more and more recognize the Republic of Serbia as his ideal business oasis. Whether the foreigners are the founders of companies in the Republic of Serbia or plan to make a employment agreement with domestic company, in both situations, for legal work activity it is necessary for them to get work permit. In next lines attorney at law for work permit will discribe you the procedure of getting work permit in the Republic of Serbia.

The foreigners can, under the certain conditions, be employed in the Republic of Serbia. According to the Law on foreigners, the foreigner is a individual who has not a citizenship of the Republic of Serbia.

In the Republic of Serbia, employment of the foreigners is regulated by Law on Employment of Foreigners (Official Gazette of the RS no. 128/2014, 113/2017 and 50/2018).

EMPLOYMENT OF THE FOREIGNERS

Employment of the foreigner could be realized under the conditions that it has temporary residence permit or permanent residence permit and work permit. The work permit is legal document which provides to the foreigner the right to be employed or self-employed in the Republic of Serbia.

There are two types of work permit:

1) personal work permit;
2) ordinary work permit

The foreigner can posses only one type of the work permit for same period of time. Serbian Employment Organization is authority which is competent for issuing work permit.

PERSONAL WORK PERMIT

The personal work permit is the type of work permit which provides to the foreigner the right to be freely and unlimited employed or self-employed as well as to use social rights for the case of unemployment in the Republic of Serbia, according to the Law.

The applicant for getting personal work permit can be the foreigner who:

1) has the permanent residence permit in the Republic of Serbia or;
2) has a status of a refugee in the Republic of Serbia or;
3) belongs to the special category of the foreigners

The personal work permit can be issued if it is provided by international agreements which obligate the Republic of Serbia, in accordance with these agreements.

The personal work permit can be issued in the purpose of family reunification. The application shall be submitted by the immediate family member of the foreigner who has: permanent residence permit, status of refugee or temporary residence permit.

Also, the personal work permit can be issued based of the submitted application by the foreigner who is: a) the immediate family member of the Serbian citizen or b) the immediate family member of the foreigner with the Serbian origin up to the third degree of consaquinity in the direct line (great-grandmother and great-grandfather, grandmother and grandfather, parents, son and daughter, grandchildren and great-grandchildren).

According to the Law on Employment of Foreigners, the term – the immediate family member means: married partner or extra-marital partner of the foreigners who has personal work permit, underage marital or extra-marital children, underage adopted children or underage stepsons and another family members….

THE ORDINARY WORK PERMIT FOR THE FOREIGNERS

The ordinary work permit for the foreigners is type of work permit which can be issued as:

1) work permit for employment;
2) work permit for special cases of employment;
3) work permit for self-employment

The foreigners who possess the ordinary work permit can be employed in the Republic of Serbia only on the work positions which are provided by that work permit.

A employer who submits application for getting the ordinary work permit for the foreigner:

1) can not assign the foreigner on the work to the another employer;

2) is mandatory to register the foreigner in the system of obligatory social insurance;

3) pay all fees related to the procedure of issuing the ordinary work permit and these fees can not transfer to the foreigner.

The employer who employed the foreigner without required temporary residence permit and work permit has the legal obligation to pay him all monetary claims, according to the Law on Employment as well as to pay him required amount of tax and obligatory social insurance.

In that case, there is a presumption that the foreigner was employed at least 3 months, except in the situation if the employer had proved something another.

THE WORK PERMIT FOR EMPLOYMENT

The work permit for employment can be issued on the request of the employer, in accordance to the state of the job market, under the conditions that the employer:

1) before submitting application for work permit for employment did not dismiss employees caused the reasons of technological, economic or organizational changes at the work position for which work permit for employment being requested;

2) 10 days before submitting application for work permit for employment could not find any citizen of the Republic of Serbia or the foreigner who has personal work permit, with requested job qualifications (educational, skills, work experience etc.) in the records of the Serbian Employment Organization;

3) submit the draft of the employment agreement or another agreement which provides the employee rights, in accordance with the national Law.

The work permit for employment can be issued for the employment of the foreigner who has temporary residence permit in the Republic of Serbia and realizes all conditions from employer`s request related to the necessary knowledge, ability, qualifications, work experience etc.

The work permit for employment issues for the planned period of employment, but the longest to the expiration of temporary residence permit.

For more information from this domain, please contact  the Attorney at Law for work (employment) permit in Serbia for foreigners.
                                   Attorney at Law Ivan Ječmenica
                                       contact: +381 65 809 54 13
                                     e-mail: ivanjecak@gmail.com

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