ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: LEGAL ACTS CONCERNING THE STATUS OF FOREIGN CITIZENS
Izdanje: LAW ON EMPLOYMENT OF FOREIGN CITIZENS
Published in the Official Gazette of the RS, Nos. 128/14 of 26 November 2014, 113/17 of 17 December 2017, 50/18 of 29 June 2018, 31/19 of 29 April 2019 and No 62/23 of 27 July 2023
Sekcija: I. BASIC PROVISIONS

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  Novi korisnik
 
  • Subject
     Article 1
    This Law shall regulate the conditions and procedures for the employment of foreign citizens in the Republic of Serbia (hereinafter: the Republic) and other issues of concern to the employment of foreign citizens in the Republic.
  • Terms
     Article 2

    Specific terms used in this Law shall be understood to mean the following:

    1)  Foreign Citizen is any person that does not have citizenship of the Republic of Serbia;

    2)   Employment of Foreign Citizen is conclusion an employment contract or other con- tract whereby a foreign citizen exercises his or her labour rights without entering into employ- ment in accordance with the law;

    2a) Temporary Employment shall mean posting of a foreign citizen to temporary work and hiring-out of a foreign citizen to temporarily perform jobs with the  beneficiary employer;*

    3)  Self-employment of Foreign Citizen is employment of a foreign citizen in a business entity or other form of business activity, in accordance with the law, wherein such foreign citi- zen is the only or controlling member, in accordance with the law;

    4)  EU Citizen is a national of a Member State of the European Union, European Econom- ic Area or Swiss Confederation, whose right is ascertained on the basis of citizenship of a Member State of the European Union, European Economic Area or Swiss Confederation;

     

    5)  Employer shall mean the legal or natural person registered for conducting an activity in the Republic, as well as a branch and a representative office of a foreign employer registered for conducting an activity in the Republic, with whom the foreign citizen is employed, hired to work and/or posted to temporary work in the Republic;*

    6)  Foreign Employer is a foreign legal entity or natural person registered abroad for the performance of activities;

    7)  A Posted Person shall mean the foreign citizen who is employed with a foreign employer with which he exercises the rights arising from work and which posts him to work with an employer in the territory of the Republic for a limited duration, following which he shall return to work with the foreign employer, in compliance with the law and/or a ratified international treaty;*

    7a) Posting To Temporarily Work in the Republic shall imply posting to work in the Republic and posting to vocational training and upskilling for the needs of a foreign employer;*

    8)  Refugee is a foreign citizen who has been granted the right to asylum in accordance with the regulations governing asylum, excluding persons from the territory of the former So- cialist Federal Republic of Yugoslavia whose refugee status is recognised in accordance with the regulations on refugees, to whom this Law does not apply;

    9)  Person from Special Category of Foreign Citizens is a person requesting asylum, a person granted temporary protection, a victim of human trafficking, or a person granted subsid- iary protection, in accordance with the law;

    10)        Independent Professional is a self-employed natural person or sole trader registered abroad for the performance of activities, who performs activities in the territory of the Republic on the basis of a contract concluded directly with a domestic employer or end-user of services;

    11)        Student is a foreign citizen who has been granted temporary residence for study and who is enrolled in an accredited study programme in accordance with the law;

    12)        Seasonal Jobs are jobs of a seasonal character in the fields of agriculture, forestry, construction or other activities, which are characterized by significant temporary workload in- crease for a period not exceeding six months during 12 months.

    13)        The Single Permit shall mean a permit allowing the foreign citizens to temporarily reside and work in the Republic*;

    14)         Assessment shall mean evaluation of fulfilment of conditions for employment of a foreign citizen, the special cases of foreign citizen's employment and self-employment of a foreign citizen, which shall be performed by the organisation competent for employment affairs, in compliance with the law;*

    15)        Consent shall mean the act that allows the foreign citizen to change the basis for work, to change the employer, to be employed with two or more employers during the validity term of the single permit, which shall be issued by the organisation competent for employment affairs, in compliance with the law.*

     



    Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    * Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

    * Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

     

     

  • Application of Law
     Article 3

    The right to work in the Republic, without an issued single permit, shall be exercised by the foreign citizen to whom temporary residence has been approved, in compliance with the law, on the basis of:

    1) family reunion with a member of the nuclear family of the national of the Republic, and/or with the foreign citizen to whom permanent settlement has been approved;

    2) ownership of immovable property;

        3) humanitarian residence;

        4) studying and international exchange of students, in compliance with this Law;

       5) scientific and research work;

       6) status of a presumed victim of human trafficking and of a victim of human trafficking;

       7) independent residence;

       8) performance of tasks of an accredited foreign journalist and who is, as a representative of a foreign media outlet, entered in the records of representatives of foreign media outlets, which is maintained with the Ministry competent for public information affairs in the Republic;

       9) volunteering, in compliance with the law regulating the field of voluntary service;

      10) religious service in order to perform religious tasks and religious service or organisation, and/or implementation of charitable campaigns within the registered churches and religious communities in the Republic, in compliance with the law;

      11) for the purpose of performing jobs in the Republic, without entering into employment, on the basis of relevant contracts or agreements with international organisations, between the competent institutions of the Republic and other states or within international projects on professional and technical cooperation, education or research;

      12) engagement as a member of a crew of authors or actors that are producing an audio-visual work in the territory of the Republic, in compliance with the law;

      13) an act of the Government whereby criteria are determined for determining the categories of foreign citizens, the categories of foreign citizens, the method and the more detailed conditions for approval of temporary residence to foreign citizens which is passed in compliance with the law regulating the conditions for admission, movement, residence and return of foreign citizens.

    A foreign citizen who is a member of the nuclear family of a foreign citizen to whom the single permit is issued, temporary residence is approved, and/or asylum is granted in the Republic, shall exercise the right work from the date of approval of the first temporary residence based on family reunion with the foreign citizen to whom the single permit has been issued, and/or with the foreign citizen holding the right to work, in compliance with the law, without an issued single permit, within the validity period of the approved temporary residence.

    The right to work in the Republic, without an issued single permit, shall also be exercised by the foreign citizen:

    1) to whom permanent settlement has been approved, in compliance with the law;

    2) to whom asylum or temporary protection has been granted;

    3) who is an asylum seeker, and to whom in the period of six months following the submission of an application for asylum no decision has been passed upon that application without any fault on his part;

    4) who is entitled to privileges and immunities in compliance with the ratified international treaties;

    5) who is a family member of a member of a diplomatic-consular mission of a state with which the Republic has concluded a bilateral agreement according to which the person is per¬mitted to perform paid activities in the Republic;

    6) who is a member of the crew of a vessel or an aircraft, or performs activities in road or rail transport, and is employed with a foreign employer;

    7) who is a member of a rescue unit providing assistance in eliminating the consequences of accidents and natural disasters, as well as in cases of humanitarian aid;

    8) who, based on the contracts concluded authorities competent for defence or home affairs, performs activities of interest for the Republic or for the needs of defence or security of the country or is engaged in professional development in these fields.

    The foreign citizen referred to in paragraph 3, items 1) and 2) of this Article shall exercise the right to work during the validity period of the document which is issued to him in compliance with the law.

    The foreign citizen referred to in paragraph 3, item 3) of this Article shall exercise the right to work during the duration period of the status of an asylum seeker.

    The foreign citizen referred to in paragraph 2 and paragraph 3, items 2) and 3) of this Article and/or the employer shall be obliged to acquire proof of fulfilment of the prescribed conditions  for employment from the competent authority.

    The foreign citizen whose residence in the Republic does not exceed 90 days within the period of 180 days counting from the date of first entry, i.e. longer than the prescribed period of residence in compliance with the international treaty, shall exercise the right to work in the Republic within the said period without the single permit issued to him, and specifically, the foreign citizen who:

    1) is the owner, founder, representative or a member of the legal person who is registered in the Republic, and who is not employed with that legal person;

    2) resides for the purpose of establishing business contacts or attending business meetings and who, without generating any income in the Republic, conducts other business activities relating to the preparation of a foreign employer to establish presence and begin operations in the Republic;

    3) is a lecturer or a researcher participating in organised professional meetings or re¬search projects or performing work with a view to presenting or implementing various scientific and technical achievements, as well as their supporting personnel;

    4) is performing temporary educational, sporting, artistic, cultural and other similar activ¬ities or residing in the Republic at a scientific, artistic, cultural or sporting event, organised by the authorised organisations, state authorities or authorities of the autonomous province and lo¬cal self-government units, as well as the supporting organisational and technical personnel;

    5) is a seconded person performing works in the Republic on the basis of a contract on the purchase of goods, purchase or lease of machinery or equipment and its delivery, installation, assembly, repair or training for operation of such machinery or equipment;

    6) resides, independently or for the purposes of a foreign employer in the Republic, at trade and other fairs and exhibitions in support of activities relating to outfitting and displaying of equipment and exhibits.*

     


    * Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.