Legal Acts in English

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.

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 contract whereby a foreign citizen exercises his or her labour rights without entering into employment in accordance with the law;

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 citizen 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 Economic 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 is a domestic or foreign legal entity or natural person registered in the Republic, as well as branch office and local office of a foreign employer registered for the performance of activities in the Republic;

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

7) Seconded Person is a foreign citizen employed by a foreign employer through which their labour rights are exercised, who is temporarily performing tasks or providing services from the activities of the foreign employer in the territory of the Republic, in accordance with the law or ratified international agreement;

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 Socialist 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 subsidiary 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 increase for a period not exceeding six months during 12 months.

Any foreign citizen shall enter into employment in the Republic upon the fulfilment of conditions established by law of ratified international agreement.

The conditions for the employment of a foreign citizen established by this Law shall not apply to the employment of a foreign citizen who:

1) is entitled to privileges and immunities in accordance with ratified international agreements;  

1a) 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 permitted to perform paid activities in the Republic;

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

3) is a representative of a foreign media outlet entered into the register of foreign media representatives, kept by the ministry competent for public information affairs in the Republic;

4) resides in the Republic for the purpose of performing religious activities and religious services or organising or conducting charitable activities under registered churches and religious communities in the Republic, in accordance with the law;

5) is a voluntary worker, in accordance with the law governing the field of volunteering;

6) performs activities of interest to the Republic or in support of defence or security of the country or is engaged in professional development in these fields, on the basis of an agreement concluded between authorities competent for defence or internal affairs;

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

8) 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;

9) is 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.

The conditions for the employment of a foreign citizen established by this Law shall not apply to foreign citizen residing in the Republic for a period not exceeding 90 days within six months from the date of first entry into the Republic, and to foreign citizen who:

1) is the owner, founder, representative or member of a legal entity registered in the Republic, in accordance with the law, if not employed by such legal entity;

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

3) is a lecturer or researcher participating in organised professional conferences or research 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 activities or residing in the Republic at a scientific, artistic, cultural or sporting event, organised by authorised organisations, government bodies or authorities of the autonomous province and local government units, as well as supporting organisational and technical personnel;

5) is a seconded person performing work 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.