FOREIGN NATIONALS EMPLOYMENTACT("Off. Herald of RS", Nos. 128/2014, 113/2017, 50/2018, 31/2019 and 62/2023) |
Article 1
This Act regulates the conditions and procedure for employment of foreign nationals in the Republic of Serbia (hereinafter: the Republic) and other issues of concern for the employment of foreign nationals in the Republic.
Article 2
Specific terms used in this Act have the following meaning:
1) Foreign national is any person that has no citizenship of the Republic of Serbia;
2) Employment of a Foreign National is concluding employment contract, or other contract whereby a foreign national exercises his work related rights without being employed, in accordance with the law;
2a) Temporary employment means assigning a foreign national to temporary work and assigning a foreign national to temporarily perform tasks at the end-user employer;
3) Self-Employment of a Foreign National is employment of a foreign national in a business entity or other form of business activity, in accordance with the law, wherein such a foreign national is the only or the controlling member, in accordance with the law;
4) EU Citizen is a citizen of a Member State of the European Union, European Economic Area or Swiss Confederation, who proves his right on the basis of citizenship of a Member State of the European Union, European Economic Area, i.e. Swiss Confederation;
5) Employer is a legal or natural person registered for the performance of activities in the Republic, as well as a branch and representative office of a foreign employer registered for the performance of activities in the Republic, where a foreign national is employed, hired to work, i.e. assigned to temporary work in the Republic;
6) Foreign Employer is a foreign legal or natural person registered abroad for the performance of activities;
7) Seconded person is a foreign national employed by a foreign employer at which he exercises his rights from work and where from he is assigned to work for an employer on the territory of the Republic for a limited period of time, after what he returns to work for a foreign employer, in accordance with the law, i.e. with a confirmed international treaty;
7a) Assignment to temporary work in the Republic implies referral to work in the Republic and referral to professional training and development for the needs of a foreign employer;
8) Refugee is a foreign national who has been granted the right to asylum in accordance with the regulations governing asylum, excluding persons from the territory of the former SFRY whose refugee status has been recognized in accordance with the regulations on refugees, to whom this Act does not apply;
9) Person from Special Category of Foreign nationals is a person requesting asylum, a person granted with temporary protection, a victim of human trafficking, i.e. a person granted with subsidiary protection, in accordance with the law;
10) Independent Professional is a self-employed natural person, i.e. sole trader registered for performing of activities abroad, who performs the activities in the territory of the Republic on the basis of a contract concluded directly with a domestic employer, i.e. end-user of services;
11) Student is a foreign national who has been granted temporary residence for the purpose of studies and who is enrolled in accredited studies programs 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 a period of 12 months;
13) Single permit is a permit for temporary residence and work of foreign nationals in the Republic;
14) Assessment is an evaluation of the fulfillment of the conditions for employment of a foreign national, special cases of employment of a foreign national and self-employment of a foreign national, carried out by the organization responsible for employment affairs, in accordance with the law;
15) Consent is an act that allows a foreign national to change the basis of employment, change the employer, be employed by two or more employers during the period of validity of a single permit, and is issued by the organization responsible for employment affairs, in accordance with the law.
Article 3
A right to work in the Republic, without issued single permit, shall be exercised by a foreign national who, in accordance with the law, has been granted temporary residence on the basis of:
1) Family reunification with a member of the immediate family who is a citizen of the Republic, i.e. a foreign national with granted permanent residence;
2) Ownership of real estate;
3) Humanitarian stay;
4) Studies and international exchange of students, in accordance with this Act;
5) Scientific research work;
6) Status of presumed victim of human trafficking and victim of human trafficking;
7) Independent residence;
8) Performing the duties of an accredited foreign journalist who, as a representative of foreign media, is registered in the record of representatives of foreign media, which is kept in the ministry responsible for public information affairs in the Republic;
9) Volunteering, in accordance with the law governing the field of volunteering;
10) Religious services for the purpose of performing religious affairs and religious services or organizing, i.e. conducting charitable actions within the framework of registered churches and religious communities in the Republic, in accordance with the law;
11) For the purpose of carrying out work in the Republic, without establishing an employment relationship, based on appropriate contracts or agreements with international organizations, between competent institutions of the Republic and those of other states or within international projects involving professional-technical cooperation, education or research;
12) Engagement as a member of the authors’ or actors’ crew that produces an audiovisual project in the territory of the Republic, in accordance with the law;
13) An act of the Government establishing the criteria for determining the categories of foreign nationals, the categories of foreign nationals, the manner and detailed conditions for granting temporary residence to foreign nationals adopted in accordance with the law regulating the conditions for the entry, movement, stay and return of foreigners.
A foreign national who is a member of the immediate family of a foreign national who has been issued a single permit, granted temporary residence, i.e. granted asylum in the Republic, shall realize a right to work from the date of approval of the first temporary residence on the basis of family reunification with a foreign national who has been issued a single permit, i.e. a foreign national with a right to work, in accordance with the law, without a single permit issued, during the period of validity of the approved temporary residence.
A right to work in the Republic, without single permit issued, shall also be exercised by a foreign national:
1) Approved for permanent residence, in accordance with the law;
2) Granted with asylum or temporary protection;
3) Asylum seeker whose decision about the asylum application has not been reached without his fault, within a period of six months after submission of the application;
4) Entitled to privileges and immunities in accordance with confirmed international treaties;
5) Member of the family of a member of a diplomatic consular mission with which the Republic has concluded a bilateral agreement enabling the person to perform paid activities in the Republic;
6) Crew member of a foreign ship i.e. aircraft, or a foreign national who does work in road or rail transport and is employed by a foreign employer;
7) Member of a rescue unit that provides assistance in removing the consequences of accidents and natural disasters, as well as in cases of humanitarian aid;
8) Performing tasks of interest to the Republic or for the needs of the country's defense or security, or a foreign national who develops himself in these areas, on the basis of contracts concluded between authorities responsible for defense or internal affairs.
A foreign national from paragraph 3, items 1) and 2) of this Article shall exercise the right to work during the period of validity of the document issued to him in accordance with the law.
A foreign national from paragraph 3, item 3) of this Article shall exercise the right to work during the period of asylum seeker status.
A foreign national from paragraph 2 and paragraph 3, items 2) and 3) of this Article, i.e. an employer shall obtain evidence of fulfillment of the prescribed conditions for employment from a competent authority.
A foreign national whose stay in the Republic does not last longer than 90 days in a period of 180 days counting from the day of first entry, i.e. longer than the prescribed period of stay in accordance with an international treaty, shall exercise the right to work in the Republic during the stated period without single permit being issued, namely a foreign national that:
1) Is the owner, founder, representative or member of a legal person registered in the Republic, but not employed by that legal person;
2) Resides for the purpose of establishing business contacts or attending meetings and who, without generating revenues in the Republic, performs other business activities related to the preparation of a foreign employer to establish a presence and start working in the Republic;
3) Is a lecturer or researcher who participates in organized professional meetings or research projects or performs work aimed at presenting or implementing various scientific and technical achievements, as well as his supporting staff;
4) Performs temporary educational, sports, artistic, cultural and other similar activities or attends a scientific, artistic, cultural or sporting event in the Republic organized by authorized organizations, state authorities or authorities of an autonomous province and local self-government units, as well as accompanying organizational and technical staff;
5) Is a seconded person who performs work in the Republic on the basis of a contract for procurement of goods, procurement or rental of machines or equipment, their delivery, installation, assembly, repair or training for work on these machines or equipment;
6) Resides in the Republic independently or for the needs of a foreign employer for the purpose of performing of jobs of equipping and exhibiting equipment and exhibits at trade and other fairs and exhibitions.
Article 4
A foreign national getting employed, i.e. temporarily employed in the Republic in accordance with this Act, has equal rights and obligations in respect to work, employment and self-employment as the citizens of the Republic, if the conditions established by law are met.
A foreign national is considered unemployed in accordance with the regulations governing employment and insurance in case of unemployment and exercises equal rights as the citizens of the Republic if the conditions established by this Act are met.
II CONDITIONS FOR EMPLOYMENT OF A FOREIGN NATIONAL
1. Conditions for Employment of EU Citizens
Article 5
The right to free access to the labor market in the Republic, i.e. to employment, self- employment and the exercise of rights in the event of unemployment, unless otherwise specified in an international agreement binding to the Republic, shall have:
1) EU citizens;
2) Family members of citizens referred to in item 1) of this paragraph who are not EU citizens and have been issued a temporary residence approval for family members or permanent residence in such countries whereby proving their right to free access to the labor market.
The following persons are considered as family members of EU citizens:
1) Spouses of EU citizens in or out of wedlock, in accordance with the law;
2) Direct descendants of EU citizens under 21 years of age or direct descendants of their spouse in or out of wedlock, younger than 21 years of age;
3) Adopted children under 21 years of age or stepchildren of EU citizens or of their spouses in or out of wedlock, younger than 21 years of age;
4) Persons referred to in items 2) and 3) of this paragraph older than 21 years of age who are unable to support themselves independently, i.e. who an EU citizen or his spouse are obligated to support, in or out of wedlock;
5) Direct ancestors of EU citizens or direct ancestors of their spouses in or out of wedlock, who an EU citizen or his spouse in or out of wedlock is obligated to support.
The persons referred to in paragraph 1 of this Article that are entitled to free access to the labor market do not require a work permit within the meaning of the provisions of this Act.
The persons referred to in paragraph 1 of this Article may not become an undue burden to the social welfare system of the Republic, i.e. are required to have sufficient funds to support themselves and their family members.
Article 6
The person referred to in Article 5 of this Act also has free access to the labor market in the Republic if:
1) His employment is terminated during temporary inability to work due to occupational disease or injury;
2) Through no fault of his own, such person loses employment which lasted for at least one year in the Republic, and if such person is registered as unemployed with the organization competent for employment affairs;
3) Such person is engaged in professional education and training programs.
Article 7
The right to free access to the labor market of an EU citizen lasts for six months following the termination of employment if:
1) His fixed-term employment which lasted for less than 12 months was terminated and if such person has been registered as unemployed with the organization competent for employment affairs;
2) His full-time employment was terminated during the first 12 months of residence, through no fault of his own, and if such person has been registered as unemployed with the organization competent for employment affairs.
Article 8
A foreign employer with registered office in a Member State of the European Union, European Economic Area or the Swiss Confederation may second a foreign national who is not an EU citizen to work in the Republic without a work permit within the meaning of the provisions of this Act, unless otherwise specified in an international agreement binding to the Republic.
A foreign employer may second the foreign national referred to in paragraph 1 of this Article, provided that such a foreign national has:
1) A concluded contract with the employer or the end user of services, which shall contain the location and time frame for completing such work;
2) A concluded employment contract with the foreign national referred to in paragraph 1 of this Article in accordance with the law in force in the Member State in which the foreign employer has the registered office;
3) A decision on secondment to the Republic for temporary work which determines the manner of exercising the rights and obligations arising from employment, as well as the manner of accommodation and board during his stay and work in the Republic.
The foreign national referred to in paragraph 1 of this Article is required to possess a residence permit and work permit in the Member State in which the foreign employer has its registered office.
The foreign national referred to in paragraph 1 of this Article may not be hired for the sole purpose of being seconded for work in the Republic.
2. Employment of Foreign Nationals
Article 9
The employment of a foreign national shall be carried out on the condition of possessing of a visa for a longer stay based on employment, an approval for temporary residence or permanent settlement and a single permit, unless otherwise determined by this Act.
The employer can conclude an employment contract with a foreign national in accordance with the law governing employment.
In addition to the reasons for the termination of the employment relationship established by the law regulating employment, a foreign national's employment shall also end with the termination of the validity of the single permit.
The employer may not employ or use the labor of a foreign national who is illegally residing in the Republic and who does not meet the conditions for employment, i.e. temporary employment.
A foreign national shall conclude a new employment contract or other contract by which a foreign national - without establishing an employment relationship – realizes rights on the basis of work, in accordance with the law, within 30 days from the date of termination of the validity of the employment contract or other contract by which the foreign national - without establishing an employment relationship - exercises rights based on work in accordance with the law, otherwise the provisions of the law governing the requirements for entry, movement, stay and return of foreign nationals shall apply.
The employer shall keep the evidence of meeting the conditions for employment, i.e. temporary employment of a foreign national.
Article 10
The organization responsible for employment affairs shall, in the process of issuing a single permit, make an assessment of the fulfillment of the conditions. Such affairs shall be performed as entrusted for the purpose of:
1) Employment;
2) Special cases of employment, namely:
(1) For seconded persons,
(2) For movement within the company,
(3) For an independent professional,
(4) For training and development;
3) Self-employment.
The evidence necessary to assess the fulfillment of the conditions referred to in paragraph 1 of this Article shall be submitted electronically by the applicant for the issuance of a single permit, through a joint web portal (hereinafter: Single Portal), within the service intended for the issuance of a single permit to a foreign national, in the manner and in accordance with the instructions for using the service intended for issuing a unique permit to a foreign national.
The assessment referred to in paragraph 1 of this Article shall be made by grading with "meets" or "does not meet" the conditions for employment of a foreign national, for special cases of employment of a foreign national or for self-employment of a foreign national.
The grade "meets" shall also include the time period for which the assessment is made, depending on the fulfillment of the conditions in accordance with the law.
The grade "does not meet" shall contain the explained reasons why the conditions for employment, special cases of employment or self-employment of a foreign national are not met.
The assessment referred to in paragraph 1 of this Article is carried out by an organization responsible for employment and submitted to a competent authority in accordance with the regulations governing the entry, movement and stay of foreigners within 10 days from the date of receipt of a proper request for issuing of a single permit.
The provisions of this Act that refer to the assessment of the fulfillment of employment conditions, special cases of employment and self-employment of a foreign national shall be also applied mutatis mutandis to the procedure for granting a visa for a longer stay based on employment, in accordance with the law.
Article 11
A foreign national shall work in the Republic on jobs for which he was issued a single permit for employment, for special cases of employment, i.e. for self-employment.
During the validity of a single permit, a foreign national, i.e. an employer on behalf of a foreign national or a legal or natural person authorized by a foreign national or an employer, can submit a request for a change of basis of work, a change of employer or for employment with two or more employers, electronically on the Single Portal, in within the service intended for issuing a single permit to a foreign national, in the manner and in accordance with the instructions for using the service intended for issuing of a single permit to a foreign national.
A locally competent organizational unit of the organization responsible for employment matters, determined by a statute, shall decide on the request from paragraph 2 of this Article within 10 days from the day of receipt of the proper request and it shall deliver the consent to the applicant through the Single Portal.
The minister in charge of employment affairs shall issue a final decision on an appeal against the acts referred to in paragraph 3 of this Article.
A foreign national may change the basis of work, the employer or be employed by two or more employers, upon obtaining the consent referred to in paragraph 3 of this Article.
The government can exempt certain categories of foreign nationals in with deficit occupations, certain occupations and profiles from obtaining consent, depending on the state of the labor market and with the previously obtained opinion of the Social and Economic Council.
Article 12-14
(Deleted)
Article 15
An employer who employed a foreign national without a visa for a longer stay based on employment, single permit, consent or temporary residence that enables the foreign national to work shall pay him all monetary claims, in accordance with the employment relating regulations, along with the payment of employment-related taxes and contributions for compulsory social insurance.
In the case referred to in paragraph 1 of this Article, a presumption exists that employment had been lasting for no less than three months, unless proven otherwise.
Article 15a
(Deleted)
a) Assessment of Employment
Article 16
The assessment of employment shall be carried out based on the state of the labor market and the assessment of the fulfillment of the following conditions:
1) That 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) That the employer has initiated the implementation of the labor market test, in accordance with the law;
3) The existence of a proposal for an employment contract or another contract that implements rights based on work, in accordance with the law.
Article 16a
An organization responsible for employment affairs, at the request of an employer, shall conduct a labor market test, i.e. interregional mediation in employment (hereinafter: labor market test), by mutatis mutandis application of regulations in the field of employment, in such a way as to determine whether the records of the organization responsible for employment affairs contain persons who correspond to the requirements of the employer's request for a specific workplace, i.e. persons who exercise the right to work in accordance with this Act and who meet the requirements of the employer's request for the specific workplace.
The request for conducting the labor market test shall be an integral part of the request for issuing a single permit and shall be submitted electronically on the Single Portal, as part of the service intended for issuing of a single permit for employment of a foreign national.
The request from paragraph 2 of this Article shall be submitted by the employer or a legal or natural person authorized by the employer.
The organization responsible for employment affairs shall prepare a report on the realization of the need for employment, which is delivered to the applicant through the Single Portal within four days from the day of the initiated labor market test.
An employer which, on the basis of a contract on business-technical cooperation, on the provision of services or another similar named or unnamed contract concluded with a related person, has hired a foreign national employed by a related party to perform certain jobs or activities, may not, within three months from the conclusion of such contract cancel the employment contract of his employee working in the same or similar jobs, due to technological, economic or organizational changes.
An employer who has canceled an employee's employment contract due to technological, economic or organizational changes may not hire, in the period of three months after declaring the employee as technologically redundant, a foreign national employed by a related party for the performance of the same or similar jobs on the basis of a contract on business-technical cooperation, on the provision of services or other similar named or unnamed contract concluded with a related party.
A related party from paras. 5 and 6 of this Article shall be considered to mean a person that has the status of a related person in the sense of the law regulating the work of companies and that has its seat in the territory of the same branch of the National Employment Service as the seat of the employer.
The Social and Economic Council of the Republic of Serbia may request from the labor inspectorate data, notifications and reports on the performed supervision in connection with the exercise of rights based on the work of employed foreigners.
The government may, by an act, exempt certain categories of foreigners in deficit occupations, certain occupations and profiles from the implementation of the labor market test, depending on the state of the labor market.
Article 17
An employer may employ a student in accordance with the law, provided that the activities performed during the period when school courses are taking place may not exceed 20 hours per week, or 80 hours per month.
Conditions for carrying out seasonal jobs are that the foreign national possesses:
1) Regulated residence of a foreign national;
2) Concluded employment contract with the employer;
3) Decision of the employer determining the manner of accommodation and board for the duration of residence and work in the Republic.
Article 18
(Deleted)
b) Assessment of Seconded Persons
Article 19
The assessment of seconded persons shall be carried out based on the assessment of fulfillment of the following conditions:
1) The existence of a contract on business and technical cooperation between the employer and the foreign employer;
2) That the seconded person has been employed, i.e. hired to work with a foreign employer for at least one year and registered for compulsory social insurance with a foreign employer;
3) The existence of a document between the employer and the foreign employer involving secondment to temporary work in the Republic, which determines the way of exercising rights and obligations from work, and which necessarily contains the conditions of work, i.e. professional training and development, the way of ensuring wages and their amount, salary compensation, work hours, method of exercising the right to annual leave, safety and health conditions at work, period of work, i.e. period of professional training and development in the Republic, as well as the method of providing accommodation, food and transportation for arrival and departure from work for the duration of assignment to temporary work in the Republic;
4) That the foreign national shall be returned to work at the foreign employer who temporarily assigned him to the Republic after the expiration of the temporary secondment.
The seconded person may not exercise less rights than the rights prescribed by the law that regulates work in the Republic with regard to the mandatory content of the established way of exercising rights and obligations from paragraph 1 item 3) of this Article.
The employer shall ensure the realization of the rights and obligations established by the document from paragraph 1, item 3) of this Article.
The assessment referred to in paragraph 1 of this Article shall be carried out for a period of up to three years.
The assessment of the seconded persons can be extended for a maximum of three years.
Article 20
(Deleted)
c) Assessment of Internal Movements in a Company
Article 21
The assessment of internal movements in a company registered abroad shall be given for the purpose of temporary secondment, i.e. moving an employee to work in a branch, representative office, i.e. a subsidiary company registered in the Republic, who has been employed, i.e. hired for work by a foreign employer for at least one year on managerial or specialist jobs.
A manager, in the sense of paragraph 1 of this Article, shall mean a person who performs management tasks, who is a director or manager in a foreign company, or is a member of the management of a foreign company or manages, i.e. heads an organizational unit, based on the decisions and instructions of the management or shareholders of the company or performs tasks of monitoring and controlling the work of professional or managerial staff.
A specialist, in the sense of paragraph 1 of this Article, shall mean a person who possesses special professional knowledge required for the business operations of a foreign company, which implies that he has a high degree of professional competence, or appropriate professional experience and possibly membership in an authorized professional association.
Exceptionally from paragraph 1 of this Article, the assessment of movement within a company registered abroad shall be carried out for the purpose of temporary secondment, i.e. transfer to a branch, representative office, or subsidiary company registered in the Republic, of trainees with higher education.
The assessment of internal movements in a company shall be made on the basis of assessment of the fulfillment of the following conditions:
1) That the seconded person is employed, i.e. hired for work by a foreign employer for at least one year, i.e. at least three months in the case of a trainee, and is registered for mandatory social insurance with a foreign employer;
2) The existence of a document involving assignment for temporary work in the Republic on the jobs of manager or specialist, whereby the way of exercising rights and obligations from work is determined, and which necessarily contains the conditions of work, i.e. professional training and development, the way of ensuring the salary and its amount, salary compensation, working hours, way of exercising the right to annual leave, safety and health conditions at work, period of work, i.e. the period of professional training and development in the Republic, as well as the way of providing accommodation, food and transport for arrival and departure from work for the duration of the assignment to temporary work in the Republic;
3) That the foreigner shall be returned to work at the foreign employer who temporarily seconded him to the Republic, after the expiration of the temporary assignment.
The seconded person may not exercise less rights than the rights prescribed by the law whereby work in the Republic is regulated with regard to the mandatory content of the established way of exercising rights and obligations from paragraph 5, item 2) of this Article.
The employer shall ensure the realization of the rights and obligations established by the document from paragraph 5, item 2) of this Article.
The assessment referred to in paragraph 1 of this Article shall be carried out for a period of up to three years.
The assessment of movement within a company can be extended for a maximum of three years.
d) Assessing an Independent Professional
Article 22
The assessment involving an independent professional shall be made on the basis of 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 services, which necessarily contains a time limit for performing the work;
2) Work experience of at least three years in a specific field that is the subject of a contract on provision of services;
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;
4) Existence of registration of an independent professional.
e) Assessment of Training and Development
Article 22a
Assessment of training and development shall be carried out for the purpose of training, internship, professional practice, working practice, professional training i.e. development.
The assessment of training and development shall be performed on the basis of assessment of fulfillment of the following conditions:
1) The existence of a contract with an employer on carrying out training, internship, professional practice, work practice, professional training, i.e. development, which contains the place and duration;
2) Fulfillment of other conditions in accordance with a special law.
f) Assessment of Self-Employment
Article 23
The assessment of self-employment shall be made based on the assessment of the fulfillment of the requirements regarding the appropriate qualifications of a foreign national for the performance of a specific activity, i.e. regarding the structure of a person who plans to employ, i.e. hire.
A foreign national who receives a single permit for self-employment shall start performing the tasks for which the single permit was issued, within 90 days from the date of obtaining that permit.
III LIMITING THE EMPLOYMENT OF FOREIGN NATIONALS
Article 24
The Government may, in a decision, limit the number of foreign nationals to whom are single permits issued (hereinafter: quota) in the event of disturbances on the labor market, in accordance with migration policy and the state and trends in the labor market.
The quota shall be determined on the proposal of the ministry responsible for employment affairs with the prior opinion of the social-economic council established for the territory of the Republic and the organization responsible for employment affairs, in relation to certain professions, i.e. with the prior opinion of the ministry responsible for internal affairs, in relation to certain countries.
The quota does not apply to a foreign national, i.e. employer temporarily employing a foreign national, and submitting an application for:
1) (Deleted)
2) Single permit for movement within a company.
Art. 25-30
(Deleted)
V RECORD-KEEPING AND COOPERATION
Article 31
The organization competent for employment affairs shall keep records of:
1) Issued consents;
2) Foreign nationals exercising the right to work in accordance with this Act.
The activities referred to in paragraph 1 of this Article are performed by the organization competent for employment affairs as entrusted activities, in accordance with the regulation governing in more detail the content of information and the manner of record-keeping in the field of employment.
Article 32
The authorities and organizations performing activities relating to residence and employment of a foreign national, other authorities and organizations performing activities in relation to the exercise of various rights of a foreign national, as well employers’ associations and trade unions, shall directly and continuously cooperate and exchange of necessary information, both mutually and with other authorities and organizations abroad.
Article 33
The ministry competent for employment affairs supervises the work of holders of public authorities in the exercise of state administration activities delegated by this Act.
Inspection of the implementation of this Act, i.e. of fulfillment of the conditions for employment of a foreign national in accordance with this Act, is performed by the Labor Inspectorate.
Article 34
A fine from RSD 800,000 to RSD 2,000,000 shall be imposed for a misdemeanor on a legal person - employer that:
1) Employs a foreign national who exercises the right to work contrary to the provisions of this Act (Article 3);
2) Employs a foreign national contrary to the provisions of this Act (Article 9, paragraph 1 and paragraph 4);
3) Does not keep evidence of meeting the conditions for employment, i.e. temporary employment of a foreign national (Article 9, paragraph 6);
4) Fails to fulfill the obligations established by Article 15 of this Act;
4a) Employs or hires a foreigner to work through a contract with a related party or cancels an employment contract with an employee, contrary to Article 16a paras. 5 and 6 of this Act;
5) Temporarily employs a foreigner contrary to a contract on business and technical cooperation (Article 19, paragraph 1, item 1);
6) Does not ensure the exercise of rights and obligations from work in accordance with the secondment document (Article 19, paragraph 3 and Article 21, paragraph 7).
A fine between RSD 50,000 and RSD 500,000 shall be imposed for the misdemeanor referred to in paragraph 1 of this Article on a natural person - employer with the status of sole trader.
A fine between RSD 20,000 and RSD 150,000 shall be imposed for the misdemeanor referred to in paragraph 1 of this Article on a responsible person at the employer.
The employer referred to in paragraphs 1 and 2 of this Article may be imposed with a protective measure prohibiting performance of a certain business activity for a period of six months to one year for the misdemeanor referred to in paragraph 1, items 1), 2), 4), 5) and 6) of this Article.
Article 35
A foreign national shall be fined from RSD 15,000 to RSD 150,000 for a misdemeanor if he is employed contrary to the provisions of this Act.
Article 36
A legal person - an organization responsible for employment affairs shall be fined from RSD 500,000 to RSD 1,000,000 for a misdemeanor, if it:
1) Carries out an assessment contrary to the provisions of this Act;
2) Issues consent contrary to the provisions of this Act.
A fine of RSD 20,000 to RSD 150,000 shall be imposed for the misdemeanor referred to in paragraph 1 of this Article to a responsible person in a legal entity - an organization responsible for employment affairs.
VIII TRANSITIONAL AND FINAL PROVISIONS
Article 37
Foreign nationals who entered into employment or who are working based on approval for employment issued under regulations that were in force prior to entry into force of this Act continue working until the expiry of the term for which such approval was issued.
Article 38
The minister competent for employment affairs shall pass regulations pursuant to authorizations provided by this Act within a term of three months from the day of entry into force of this Act.
Article 39
The Act on the Conditions for the Employment of Foreign Citizens is repealed as of the day of entry into force of this Act ("Official Gazette of SFRY", Nos. 11/78 and 64/89, "Official Gazette of FRY", Nos. 42/92, 24/94 and 28/96 and "Official Herald of RS", No. 101/05 - other law).
Article 40
The regulations adopted under the Act on the Conditions for the Employment of Foreign Citizens ("Official Gazette of SFRY", Nos. 11/78 and 64/89, "Official Gazette of FRY", Nos. 42/92, 24/94 and 28/96 and "Official Herald of RS", No. 101/05 - other law) remain in force until the day of entry into force of the regulations adopted under this Act, unless they are contrary to the provisions of this Act.
Article 41
This Act enters into force on the eighth day following the day of publication in the "Official Herald of the Republic of Serbia", with the exception of the provisions of Art. 5-8 which become applicable as of the day of accession of the Republic to the European Union.
Independent Article of the Amendments and Supplements of the Foreign Nationals Employment Act
("Off. Herald of RS", No. 113/2017)
Article 9
This Act enters into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Act to Amend and Supplement the Foreign Nationals Employment Act
("Off. Herald of RS", No. 50/2018)
Article 2
Procedures initiated before this Act entered into force will end according to the provisions of the regulations under which they begun.
Article 3
This Act enters into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Amendments and Supplements the Foreign Nationals Employment Act
("Off. Herald of RS", No. 31/2019)
Article 9
The minister in charge of employment harmonizes the Rulebook on Work Permits ("Official Herald of RS", No. 63/18) with the provisions of this Act, within 90 days from the day this Act enters into force.
Article 10
This Act enters into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia", provided that the provisions of Art. 1-3, Article 4, paragraph 2, Article 5, paragraph 1, Article 6 and Article 7, paragraph 1 apply from 1 January 2020.
Independent Articles of the Act Amending and Supplementing the Foreign Nationals Employment Act
("Off. Herald of RS", No. 62/2023)
TRANSITIONAL AND FINAL PROVISIONS
Article 20
Proceedings started before the entry into force of this Act shall be completed according to the provisions of the regulations under which they were started.
Article 21
This Act shall enter into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia", and apply from February 1, 2024, except for the provisions of Article 1, para. 1-3, Article 3, Article 4 - in the part amending Article 9, para. 2-5, Article 12 - in the part amending Article 19, paragraph 1, item 3) and para. 2 and 3, Article 14 - in the part amending Article 21 paragraph 5, item 2) and para. 6 and 7, and Article 19 - in the part that amends Article 34, paragraph 1, item 6) which are applied from the date of entry into force of this Act.