The Labor Law provides ways of the working engagement of persons in the Republic of Serbia, which are the legal and statutory methods of the working engagement. Overall in the Republic of Serbia, persons may be engaged in work as much the employer will establish employment relationship with them, or they will be engaged outside employment relationship, on one of the ways prescribed by the provisions of the Labor Law.
Employment relationship for a indefinite period of time is the basic form of the employment relationship, but not the only form of the employment relationship. Besides it there are other forms of the employment relationsip, as follows:
- Employment relationship with a probation work
- Employment relationship for a definite period of time
- Employment relationship for performing higher-risk jobs
- Part-Time employment relationship
- Employment relationship for performing jobs outside the employer’s premises
- Employing household help and
- Employment relationship with trainee.
Employment relationship for a indefinite period of time
Employment relationship for a indefinite period of time is the basic form of the working engagement of employees and its duration is not predetermined, but it may be terminated only under the conditions prescribed by the Labor Law.
An employment contract where the period of time of its validity is not determined is considered to be a contract for an indefinite period of time.
Employment relationship with a probation work
Employment relationship with a probation work is established conditionally in accordance with the provisions of Article 36 of the Labor Law.
The employment contract may stipulate a probation work for performing one or more associated or related activities determined by the employment contract.
The probation work may last for a maximum of six months.
An employee failing in the course of probation work to present corresponding work and professional abilities, shall have his employment relationship terminated as of the day of expiry of the time limit stipulated in the employment contract.
Employment relationship for a definite period of time
Employment relationship for a definite period of time is established in the cases which are prescribed by the Article 37 of the Labour Law. An employment contract may be concluded for a definite period of time, for establishment of employment whose duration is predetermined by objective reasons that are justified by the time period or execution of a certain chore, or occurrence of a specific event, during existence of those reasons.
An employer may conclude one or more employment contracts on the basis of which the employment relationship with the same employees is concluded for the period that with or without interruptions may not be longer than 24 months.
Interruption shorter than 30 days shall not be considered as an interruption of the period of 24 months.
Exceptionally an employment contract for a definite period of time may be concluded for the period that with or without interruptions may not be longer than 24 months:
- If it is necessary for replacement of a temporarily absent employee, until his return
- For working on a project whose time is predetermined, no longer than the end of the project
- With a foreign citizen, on the basis of a work permit in accordance with the law, no longer than the expiry of the work permit
- To perform the activities at a newly established employer registered at the competent authority no longer than one year prior to the moment of conclusion of the employment contract, for a time period not longer than 36 months
- With an unemployed person which lacks up to five years to fulfill of one of the preconditions for retirement, no longer than such requirement is fulfilled, in accordance with the regulations on retirement and disability insurance
Employment relationship for performing higher-risk jobs
Employment relationship for performing higher-risk jobs shall be established on risk jobs.
An employment contract may be concluded for jobs with higher-risk, determined in accordance with the law, only should the employee meet the conditions of work at such jobs.
An employee may work on the jobs with higher-risk only on the ground of a previously established health ability to work at such jobs, by a competent health-care agency, in accordance with law.
Part-Time employment relationship
Part-Time employment relationship shall be established on jobs without risk, but whose scope is not such as to require work with full-time working hours. Employment relationship may also be established as a part-time employment for either indefinite or definite period of time.
An employee working part-time is entitled to salary, other salary and other employment relationship rights in proportion to the time spent at work, unless a law, bylaw and employment contract provide otherwise for certain rights.
An employee working part-time for one employer may for the rest of his work-hours establish employment relationship with another employer, and in this way effect a full-time employment.
Employment relationship for performing jobs outside the employer’s premises
Employment relationship for performing jobs outside the employer’s premises includes remote work and work from home.
An employment contract concluded for performing activities outside the employer’s premises, in addition to the provisions of Article 33 of the Employment Act also includes the following:
- Duration of working hours according to the standards of work
- Manner of supervision of work and quality of work performance of the employee
- Work equipment which the employer is obliged to procure, install and maintain
- Usage of employee’s work equipment, and compensation for such usage
- Compensation for other costs of work and the method of their determination
- Other rights and obligations.
The base salary of the employee may not be established in a smaller amount than the base salary of an employee who performs the same work within the employer’s premises.
Employing household help
Employing household help may be established for the performance of work relating to household help.
The employment contract for the performance of work relating to household help. may also stipulate in kind payment of part of the salary.
The employment contract for the performance of work relating to household help may not be concluded with a spouse, adopter or adoptee, blood relative in a straight line regardless of the degree of kinship, and in the collateral line up to the second degree of kinship, and with affine relative up to the second degree of kinship.
Employment relationship with trainee
Employment relationship with trainee shall be established with a person entering employment for the first time, in the capacity of a trainee in the profession in which such person has acquired specific type and level of professional education, where so specified as a requirement for working on specific jobs by law or rule book as with a person who has worked for a time period shorter than the one determined as traineeship within the degree of professional qualification that is a requirement for work on these positions.
The traineeship shall not exceed one year, unless otherwise specified by the law.
In course of traineeship, a trainee is entitled to salary and all other rights pursuant to employment relationship, in conformity with the law, bylaw and the employment contract.
Work outside the Employment Relationship
Labor Law regulates many forms of work outside employment relationship. These are:
- working under contract on performing temporary and periodical jobs
- working under purchase order contract
- working under contract on on vocational training and internship, and
- working under contract on supplementary work.
All the above contracts must be concluded in writing.
Temporary and periodical jobs
For performing jobs whose nature is such that they do not exceed 120 workdays in a calendar year, an employer may conclude a contract on performing temporary and periodical jobs with:
- An unemployed person
- A part time employed person – up to full working hours
- An old-age pension beneficiary and
- A person who is a member of a youth or student cooperative, in accordance with the regulations on cooperatives.
Purchase order contract
An employer may conclude with a particular person a purchase order contract for the performance of jobs outside employer’s line of business which include independent manufacture or repair of a particular item, independent carrying out of a particular physical or intellectual work.
The purchase order contract may also be concluded with a person who performs an artistic or other activity in the sphere of culture, in conformity with the law and must be in accordance with the special collective agreement relating to persons engaged in independent activity in the spheres of arts and culture, where such agreement has been concluded.
Contract on vocational training and internship
Contract on vocational training may be concluded, for completing traineeship or taking a professional exam, when the law or a rulebook provides it as a separate requirement for independent work in the profession.
Contract on internship may be concluded, for professional development and acquisition of specific knowledge and skills to work in the profession, or to undergo specialization, during the time established for the program of internship, i.e. specialization, in accordance with a special regulation.
Contract on supplementary work
An employee working full-time with an employer may conclude a contract of supplementary work with another employer to a maximum of one third of the full-time working hours. The contract of supplementary work specifies the right to pecuniary compensation and other rights and duties based on work.