Foreign Nationals Employment Act

Procedure for issuance, extension, revoaction and cessation of validity of work permit for foreigners in Serbia

The procedure of issuance, extension, revocation and cessation of the validity of a work permit for foreigners in Serbia shall be regulated by the provisions of the Foreign Nationals Employment Act (“Off. Herald of RS”, Nos. 128/2014, 113/2017, 50/2018 and 31/2019).

The organization competent for employment affairs, performing such activities as entrusted activities following the law governing general administrative procedure, issues decisions in the procedure of issuance, extension, revocation and cessation of the validity of a work permit unless specific issues are regulated otherwise by the Foreign Nationals Employment Act (“Off. Herald of RS”, Nos. 128/2014, 113/2017, 50/2018 and 31/2019) or the act governing the residence of foreign nationals.

The organization competent for employment affairs keeps the record of data relevant to the issuance of decisions under the Foreign Nationals Employment Act (“Off. Herald of RS”, Nos. 128/2014, 113/2017, 50/2018 and 31/2019), per the principles of protection of personal data, efficacy, efficiency, conscientiousness, and responsibility.

The territorially competent organizational unit of the organization competent for employment affairs, as defined by articles of association, rules in the first instance in the procedure for the issuance, extension, revocation and cessation of the validity of a work permit and an appeal may be lodged against the decree which was ruled in the first instance. The final decree on the appeal is issued by the minister competent for employment affairs. An administrative dispute may be instituted against the final decree in accordance with the law.

Issuance and Extension of a Work Permit

A work permit is issued for the period not exceeding the one specified by the Foreign Nationals Employment Act (“Off. Herald of RS”, Nos. 128/2014, 113/2017, 50/2018 and 31/2019) and for the period of duration of residence of a foreign national. Appropriate proofs of fulfilment of conditions for the issuance of the work permit are submitted together with the application for the issuance of the permit.

A work permit is extended if, at the time of submission of the application for extension, the conditions for its issuance are met.

The application for issuance, i.e. extension of a work permit is submitted to the organization competent for employment affairs according to the location of temporary residence or permanent settlement of the foreign national, i.e. according to the employer’s registered office or location where the work is performed, depending on the type of work permit.

The application for an extension of a work permit is submitted no earlier than 30 days prior to the expiry of the previous permit, and no later than the expiry thereof.

Exceptionally, the request for the extension of the work permit for seconded persons and work permit for relocation within a company for a maximum of two years is submitted to the organization competent for employment affairs no later than 60 days before the expiration of the validity of the previous permit.

The manner of issuance, i.e. extension of the work permit, the way of proving the fulfilment of conditions specified by the Foreign Nationals Employment Act (“Off. Herald of RS”, Nos. 128/2014, 113/2017, 50/2018 and 31/2019), proofs required for issuance, i.e. extension of the work permit, form and content of the work permit are specified by the minister competent for employment affairs.

Revocation of Work Permit

A work permit shall be revoked if:

  1. A foreign national perform activities for which no work permit has been issued or if he works for a different employer
  2. A foreign national fails to commence work within a term of 15 days from the day of issuance of the work permit for employment
  3. A foreign national issued with a permit for self-employment fails to commence the performance of activities for which the work permit has been issued within a term of 90 days from the day of receipt of the permit
  4. At the time of issuance, i.e. extension, the conditions specified by this Act had not been met.

The labour inspector shall immediately notify the organization competent for employment affairs if, during an inspection procedure, he establishes the facts that a foreign national perform activities for which no work permit has been issued or if he works for a different employer.

The employer shall notify the organization competent for employment affairs if the foreign national fails to commence work within the term of 15 days from the day of issuance of the work permit for employment.

The foreign national shall notify the organization competent for employment affairs of the circumstances that a foreign national issued with a permit for self-employment fails to commence the performance of activities for which the work permit has been issued within a term of 90 days from the day of receipt of the permit within a term of 15 days from the day of expiry of the term for commencing of the performance of activities.

The organization competent for employment affairs issues a decree revoking a work permit upon the report of the facts which are the basis for revocation of work permit or ex officio.

Cessation of Validity of Work Permit

A work permit ceases to be valid in the following cases:

  1. Upon expiry of the term for which it was issued
  2. Upon waiver
  3. Upon cessation of the status of refugee, person requesting asylum, a person granted temporary protection, i.e. person granted subsidiary protection
  4. Upon termination of a contract of employment or of another contract without entering into employment relationship whereby a foreign national exercises his work-related rights in accordance with the law, i.e. upon cessation of work of a foreign national who possesses temporary residence approval in the Republic of Serbia
  5. If a foreign national loses the status of a sole trader or if a legal entity ceases to operate prior to the expiry of a term of validity of the work permit for self-employment
  6. If reasons of protection of public order or security of the Republic of Serbia and its citizens require so, in accordance with the law
  7. If the right of a foreign national to permanent or temporary residence in the Republic of Serbia terminated
  8. If a foreign national becomes a domestic citizen
  9. In the event of death
  10. If a foreign national has resided outside the Republic for more than six months continuously.

The foreigner is obliged to inform the organization competent for employment affairs of the facts of renunciation of the work permit and the termination of work before the expiration of the validity of the work permit for self-employment because he lost the status of sole trader or the legal entity ceased to work within a term of 15 days from the day of waiver, i.e. from the day of cessation of the status of sole trader or day of cessation of operations by a legal entity.

An employer shall notify the organization competent for employment affairs of the facts of termination of a contract of employment or of another contract without entering into employment relationship whereby foreign national exercises his work-related rights in accordance with the law, i.e. upon cessation of work of a foreign national who possesses temporary residence approval in the Republic of Serbia within a term of 15 days from the day of termination of employment by a foreign national.

The organization competent for employment affairs issues a decree on cessation of a work permit for the circumstances which are prescribed as the basis for termination of a work permit, except in cases that a foreign national becomes a domestic citizen and in case of the death of the foreigner, when the decree on cessation of a work permit shall be issued upon the report of circumstances or ex officio.

Read more:
Forms of work engagement in Serbia »
Labour inspection – jurisdiction and inspection »
License for the work of Temporary Employment Agencies »

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