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Serbia Adopts Law on Conditions for Secondment of Employees Abroad and their Protection

January 2016 - Employment. Legal Developments by Karanovic & Nikolic.

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The Parliament of the Republic of Serbia adopted the Law on Conditions for Secondment of Employees Abroad and their Protection (the “Law”). The Law will be applicable two months following its coming into force, i.e. 13 January 2016.

The Law regulates the secondment of employees abroad in a more modern manner compared to the currently applicable Law on Protection of Citizens of FR of Yugoslavia working abroad. This Law, adopted back in 1998, envisaged a complicated administrative procedure to be exercised before the competent ministry when seconding employees abroad. Namely, employers were obliged to inform the ministry of a planned secondment at least 30 days in advance, by submitting a set of required documents.

The main characteristic of the Law is that it envisages a more relaxed administrative procedure. Specifically, employers will be obliged to notify the ministry of secondments abroad at least one day before such secondment occurs, submitting only one document – a filled in notification form. In addition, employers will be obliged to submit a certificate from the Central Registry of Social Insurance, as proof of change of insurance grounds for seconded employees to the ministry within seven days following the secondment.

The most important provisions of the Law include:

  • Business trips abroad not exceeding 30 days in continuity or 90 days within the calendar year are not considered a secondment.
  • Secondment abroad cannot exceed 12 months, however extension is possible.
  • Employees must consent, in written form, to secondment, unless this option is regulated in the employment contract.
  • The employer is obliged to put an annex into the employment contract with the employee, regulating the most important issues of the secondment.
  • The employer is also obliged to provide seconded employees with accommodation and food, commuting costs, as well as a salary at least in the amount of minimum salary applicable in country of secondment for the duration of the secondment.

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