Remote work has become very popular, and workspace in its classic sense of going to work is becoming past times. New technologies have enabled us that as long as we have the Internet we can work from any destination in the world.
This new situation made a lot of „Digital nomads“ and the following question has become very important: „If we are located in the territory of another country and we are working on its territory, is it necessary to have a work permit“?
We have dedicated this text to foreigners who want to immigrate to Serbia for purpose of employment and to employers who are interested in employ foreign workers. We will include those who work as self-employed and those who are employed with a Serbian employer.
If you decide to move to Serbia with the purpose of employment and to apply for the temporary residence you will need to obtain a work permit, and we will try to alleviate all eventual concerns you may have.
What is a work permit?
A work permit is an official government act on which legal grounds a foreigner can be employed or self-employed in Serbia.
Are there any different types of work permit?
Yes, there are two main types of work permits:
- Personal work permit and
- Work permit- within this type there are:
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- Employment work permit;
- Work permit for special cases of employment;
- Work permit for self-employment.
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Personal work permit
Is a work permit that enables a foreigner free employment and self-employment. Basically, with this type of work permit, a foreigner in Serbia can be employed equally as a Serbian citizen.
Who can apply for a personal work permit?
- A foreigner with a permanent residence permit;
- A foreigner with the status of a refugee;
- A foreigner member of a close family of a Serbian citizen or a foreigner with permanent residence in Serbia.
Who is a close member of the family?
Marital spouses, non-marital spouses, and minor children.
Work permit for employment
Is a work permit that is issued at the request of the employer if the employer:
- Before submitting the request have not fired employees due to economical, technological, or organizational changes in the workplace for what work permit is requested.
- Has submitted a labor market test to National Employment Agency and if he has received a report that on the specific position, they have not found Serbian citizens or foreigners with a personal work permit. Bear in mind that the request must be submitted within a maximum of 60 days and a minimum of 10 days before submitting a request for a work permit.
- Submits a Work contract based on which employment rights are achieved.
A work permit can be issued to a maximum period of temporary residence permit validation.
Work permit for specific cases of employment
Specific cases of employment are considered for the following:
- Referred persons;
- Movement within the company;
- Individual professionals;
- Education and Improvement.
Self-employment work permit
You have founded a company or have registered as an entrepreneur and you are planing to stay in Serbia for more than 90 days in the period of 180 days-then you must obtain a work permit for self-employment.
So, if you are for example a founder of a limited liability company or you are registered as an entrepreneur in Serbia and you have submitted a request for a temporary residence permit or your temporary residence permit based on employment-incorporated in the decision of registration is approved, you need to obtain a work permit for self-employment.
Unified request for temporary residence and work permit
A foreigner can separately apply for temporary residence and work permit. However, there is also a possibility that a foreigner in a unified procedure applies for a work permit and temporary residence permit at the same time.
Ministry of Interior Affairs as an authorized government body for temporary residence permit approval and the National Employment Agency as an authorized government body for work permits work together at the same time.
The process of the unified procedure saves time and it is very useful.
A director foreigner- does he need to have a work permit?
Answer to this question depends on the fact if the director will reside on the territory of Serbia for a longer period of time then 90 days within the period of 6 months from the day of first entry to Serbia. If the answers is yes, then the director will need to obtain a work permit and a temporary residence permit.
Important notice regarding termination of work activity
- If a foreigner with a self-employment work permit stops work engagement, the entrepreneur is no longer registered or a company stops working before the expiration of the work permit, a foreigner is obligated to notify the National Employment Agency.
- The employer is obligated to notify National Employment Agency within 15 days of the work termination of a foreign worker.
We hope that we have brought closer to you the process of obtaining work permits and that you have more insight into the whole process. Certainly, we suggest you consult with an expert to avoid any chance of a mistake.
