There are several reasons for termination of employment in Serbia, where some of them are less complicated than other. In accordance with Labour Law, employment is terminated:

1. due to the expiry of the term for which it was founded;
2. when the employee reaches 65 years of age and at least 15 years of insurance service, unless the employer and the employee agreed otherwise;
3. due to an Agreement between the employee and the employer – amicable termination;
4. termination of the employment contract by the employer or employee;
5. at the request of the parent or guardian of an employee under the age of 18;
6. death of an employee;
7. in other cases, stipulated by law.

When can the employer terminate employee’s employment?

An employer may terminate a employment contract for an employee if there are reasonable grounds for doing so relating to the employee’s ability to work and his or her behaviour.

Secondly, an employer may terminate a employment contract for an employee who, through his own fault, commits a breach of a work obligation. So, if employee negligently performs work responsibilities or misuse or exceed authority, employer has legal right to terminate employment contract.

Thirdly, an employer may terminate employment for an employee who does not respect work discipline. Thus, if employee unjustifiably refuses to carry out the tasks and carry out the orders of the employer in accordance with the law or abuse the right to leave due to temporary absence from work, employer can terminate employment.

Finally, an employee may terminate employment if there is a justifiable reason related to the needs of the employer, namely:

1. if due to technological, economic or organizational changes the need to perform a particular job ceases or the volume of work is reduced;
2. if employee refuses to conclude the Annex to the Contract.

Termination period

An employee whose employment contract has been terminated because he or she does not achieve the required results of work, or does not have the necessary knowledge and skills, is entitled to a notice period, which is determined by a General Act or employment contract, depending on length of service, which may not be shorter than 8 or longer than 30 days. The termination period begins on the day following the date of delivery of the Decision on Termination of the Employment.

If you need any additional information regarding termination of employment in Serbia contact legal consultant to determine if all important issues are regulated.

Working time in Serbia is defined as the period of time during which the employee is obliged, i.e. available to perform tasks according to the orders of the employer, at the place where the work is to be performed. It is also possible that the employee and the employer agree that one period of working time within the agreed working hours shall be performed by the employee from home.

What types of employment there are in Serbia?

There are two types of employment in Serbia: full time and part time. The standard for full time employment is 40 hours per week, as stipulated by Labour Law. Employer can determine by General Act that full time work is shorter than 40 hours, but not shorter than 36 hours per week. Employee that works shorter than 40 hours per week still has all employments right as if he is working 40 hours per week.

On the other side, part time employment is referred as working shorter than stated 40 hours, or in mentioned situations 36 hours, per week.

Additionally, employee who works in particularly difficult, arduous and unhealthy jobs, that are determined by Law or General Act, on which despite the implementation of appropriate safety and health measures, personal protective equipment and or other equipment has an increased adverse effect on health of the employee – shortening of working time is proportional to the adverse effect of working conditions on the health and working capacity of the employee, and up to a maximum of 10 hours per week (jobs with increased risk).

Working time schedule and redistribution of working hours

As a rule, a working week lasts five working days, where one working day last for 8 hours. The employer with whom the work is performed in shifts, at night or when the nature of the work and the organization of work requires it – can organize the working week and working hours in another way.

The employer may redistribute working hours when required by the nature of the business, the organization of work, better use of means of work, the more rational use of working time and the execution of certain work within the set deadlines. It is important to know that redistribution of working time is not considered as overtime.

Night work and work in shifts

Work performed between 10 pm and 6 am the following day is considered night work. For an employee who works at night for at least three hours each working day or one third full-time during one working week, employer shall be obliged to ensure that work is carried out during the day if, in the opinion of the competent health authority, such work would lead to a deterioration of his health condition.

Shift work is the organization of work with an employer according to which employees in the same jobs are shifted according to a fixed schedule, whereby shift shifts can be continuous or intermittent for a specified period of days or weeks.

All of this is stipulated by Labour Contract between employer and employee. That is why you should make sure that you do everything in accordance with Labour Law, and check with legal consultant all aspects of Contract with employees.

Employment in Serbia is regulated by the Labour Law. While you have freedom to decide what tasks to assign to your employees, it would be useful to get familiar with the most important aspects of the Labour Law.

To make sure that your company is compliant with regulations it is recommended that you consult with your accountant or an HR advisor.

What does Serbian Labour Law define?

Serbian Labour Law defines most important aspects of employment. It stipulates all the rights and obligations of an employment relationship, such as conditions for employment, Labour Contract, working hours, holidays and leave, protection of employees, etc.

What are general employee obligations?

In general employee is obliged to:

• to conscientiously and responsibly carry out the tasks on which he works;
• to respect the organization of work and business with the employer, as well as the conditions and rules of the employer in relation to the fulfilment of contractual and other obligations arising from employment;
• to inform the employer of significant circumstances that affect or could affect the performance of the tasks specified in the employment contract;
• to inform the employer of any type of potential danger to life and health and the occurrence of material damage.

What are general employers’ obligations?

The same way Labour Law stipulates general responsibilities of an employee it stipulates the responsibilities of an employer. Therefore, employer is obliged to pay the employee for the work performed, in accordance with the law, general act and employment contract and provide the employee with working conditions and organize work for the safety and protection of life and health at work, in accordance with the law and other regulations.

Additionally, employer is obliged to provide the employee with information on working conditions, organization of work and the rights and obligations arising from labour regulations and regulations on safety and health and safety at work, as well as to provide the employee with conditions to perform the tasks specified in the employments contract.

Finally, it is employer’s obligation to request the opinion of the Union in cases stipulated by law, and if the Union has not formed from the representatives appointed by the employees.

What does Labour Contract govern?

First of all, it is necessary to state that employment is based on a Labour Contract. While it may not contain provisions granting the employee less rights or establishing less favourable working conditions than the rights and conditions established by Labour Law, Labour Contract must contain following provision:

• name and seat of employer;
• personal name of the employee, place of permanent or temporary residence of the employee;
• the type and degree of professional qualification, i.e. education of the employee, which are a prerequisite for performing the activities for which the Labour Contract is concluded;
• the name and description of the tasks that the employee should perform;
• place of work;
• the type of employment (for an indefinite or fixed term);
• the duration of the fixed-term employment contract and the basis for the fixed-term Labour Contract;
• day of commencement of work;
• working hours (full, part-time or short time);
• the amount of basic salary at the date of conclusion of the Labour Contract;
• elements for determining basic salary, performance, remuneration, increased earnings and other employee benefits;
• deadlines for payment of earnings and other benefits to which the employee is entitled;
• duration of daily and weekly working hours.

If an HR expert assists you already during recruitment, you can rest assured that all the relevant aspects of the Serbian Labour Law will be considered while formulating the position and drawing up the Labour Contract. This ensures that hiring a new employee will be the beginning of a beautiful employment relationship.