Blickpunkt Osteuropa

The National Employment Agency changes the procedure for foreigners seconded to Serbia

The National Employment Agency introduces changes to the procedure for extending work permits to foreigners seconded to Serbia and Intra- company transferees.
The procedure for obtaining work permits for foreigners seconded to Serbia is governed by the Law on Employment of Foreign Nationals (the Law), whereas the National Employment Agency is in charge of issuing work permits.

The Law sets down the validity period of the work permit, which may not be longer than one year, in other words may not be longer than the Term of Contract concluded between the employer for whom the services are performed in the Republic of Serbia and the foreign employer (foreign entity).

An exception to this is noted when there is a bilateral Social Security Agreement concluded by and between the county of incorporation of a foreign employer (foreign entity) and the Republic of Serbia, in which situation a work permit is issued to a seconded foreigner under the Terms and Conditions of, and for the period specified in, the Agreement, and may be extended for a further 12 month i.e. for a maximum of two years.

Although this provision became effective as at the Law’s effective date, in practice a work permit extension was possible even beyond one (two) year(s).

New practice

The National Employment Agency has changed the practice of interpreting the Law, making it impossible to extend work permits for seconded foreigners and Intra-company transferees beyond one (two) year(s).

In other words, in order to extend a work permit beyond the period specified above, the seconded foreigner must conclude an employment contract with an employer in Serbia.

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