A temporary employment agency is a company or entrepreneur which is registered with the competent authority in the territory of the Republic of Serbia, which shall establish an employment relationship with the employee for his temporary assignment to the employer in the area of the Republic of Serbia to perform work under his supervision and management.
Conditions for the work of temporary employment agencies are regulated by the provisions of the Law on Agency Employment (“Official Gazette of RS,” No. 86/2019) and the Rulebook on the conditions for issuing a license for a temporary employment agency and taking the professional exam for work of that agency (“Official Gazette of RS,” No. 96/2019), which were applied to start from March 1, 2020, except for the provisions of the Law on Agency Employment (“Official Gazette of RS,” No. 86/2019) which regulate working conditions of agencies that applies from January 1, 2020.
Conditions for issuing of the working license of the Temporary Employment Agency
The temporary employment agency may be established in the form of a business entity, as in the form of entrepreneurial business.
The Ministry of Labour, Employment, Veterans’ Affairs, and Social Affairs, at the request of a company or entrepreneur which are registered in the register of business entities under the law, issues a working license to the temporary employment agency under the following conditions:
- that the legal representative of the company or entrepreneur, i.e., an employee who is authorized to conclude the Agreement on an assignment of employees between the temporary employment agency and the employer of the user and employment contracts with the assigned employee has acquired higher education in basic academic studies in the amount of at least 240 ECTS points, master academic studies, specialist academic studies, expert vocational studies, i.e., undergraduate studies lasting at least four years or specialist studies at the faculty, and who has passed the professional exam for the work of temporary employment agencies;
- that the company or entrepreneur meets the spatial and technical conditions for work, as follows:
– to have at least two working rooms, of at least 12 m2 of the area connected by a door, one of which shall be used as an office for work and reception of clients, and the other as a waiting room for clients;
– to have sanitary facilities;
– that the working premises in which the temporary employment agency’s activities are performed are not at the same time residential;
– that the working premises in which the temporary employment agency’s activity are performed are not basement premises;
– that there is the necessary office equipment in the work premises for the work of employees and the reception of clients;
– direct telephone/fax;
– at least one computer with an Internet connection.
The company and the entrepreneur are obliged to, within eight days from the day of receiving the working license, submit an application for registration of activities (78.20 Activities of temporary employment agencies) or other assignment of human resources (78.30 Other assignment of human resources) and business name in which “Temporary Employment Agency” will be listed as the subject of business, in accordance with the law governing the registration of business entities.
Registration of the activities and working license of the temporary employment agency are cumulative conditions for the beginning of performing the activity of assigning employees.
Restrictions when it comes to the establishment of temporary employment agencies, membership in the temporary employment agency and representation of the temporary employment agency, refer primarily to convicted persons. A natural person who has been convicted by a final judgment for a criminal offense from the group of criminal offenses in the field of labour, for criminal offenses of receiving and giving bribes, for criminal offenses of embezzlement, for which an unconditional punishment of imprisonment was imposed for at least six months cannot establish temporary employment agency, be a member and legal representative of the temporary employment agency.
The temporary employment agency, whose working license has been revoked, may not perform the activity of temporary employment agencies or the activity -Other assignment of human resources within three years from the day of revocation of the working license.
A working license may not be issued to a temporary employment agency within three years from the day when the act of the competent inspection body was issued in the supervision procedure because it performs assignment activities without a working license.
Terms of validity, revocation and termination of working license of the Temporary Employment Agency
The working license of the temporary employment agency shall be issued for five years.
The working license of the temporary employment agency may be extended in the manner and under the conditions under which it shall be issued, provided that the request for extension of the working license must be submitted no later than 30 days before the expiration of the working license.
The working license shall be revoked from the temporary employment agency:
- if it ceases to meet the conditions for work, from Article 3 of the Law on Agency Employment;
- if the case referred to in Article 4, paragraph 1 of the Law on Agency Employment occurs;
- if within one year the misdemeanor responsibility of the temporary employment agency is determined, on several grounds or in an amount exceeding twice the maximum of the prescribed penalty, and the labour inspection finds that the temporary employment agency thereby obviously violates the rights of assigned employees, i.e., continuously violates provisions of the Law on Agency Employment.
The working license of the temporary employment agency shall cease to be valid:
- Upon the expiration of the period of validity of the working license of the temporary employment agency, i.e., upon the expiry of a period of 5 years from the day of issuance;
- Based on the request of the temporary employment agency for termination of the working license;
- By deleting the company, i.e., the entrepreneur who performs the tasks of assigning employees from the register of the competent authority.