Change of Employer in Serbia: a Guide for Foreign Workers and Employers
Among the many benefits introduced by the amendments to the Law on Foreigners and the Law on the Employment of Foreigners, effective from February 1, 2024, one significant change stands out: foreign nationals holding a Single Permit will no longer be required to obtain a new permit if they choose to change their employer or take on additional employment in Serbia.
However, certain actions will still be necessary regarding the Single Permit. In this article, we provide a clear overview of the relevant procedures. Let’s start by reviewing the basic definitions.
What Is a Single Permit?
The Single Permit is a document that allows foreign nationals to reside and work legally in Serbia. It is issued based on local employment, special types of employment, or self-employment. Obtaining a Single Permit requires submitting a comprehensive set of documents related to the specific employer and job position.
Change of Employer
What happens when a foreign national decides to change their employer or start working for two or more employers while holding a Single Permit?
Before changing employers or commencing additional employment, it is necessary to obtain consent from the National Employment Agency (NEA), which is responsible for approving such changes.
While there are plans to enable online submission of consent requests through the same portal used for Single Permit applications, this functionality is not yet available. Currently, consent requests must be submitted in person to the NEA as a physical paper application.
The processing time for issuing the consent is 10 days from the submission of complete documentation. Currently, the consent is sent by post to the employer. However, once the online option becomes available, it will be delivered electronically through the portal.
Steps to Change Employer or Work for an Additional Employer
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Preparation of Documentation
Along with the signed application form, the application package must include specific supporting documents, such as a copy of the existing Single Permit, a new job contract, and other relevant paperwork. -
Labor Market Test
The first step in the approval process is the labor market test conducted by the NEA. This test determines whether there are unemployed Serbian nationals available to fill the position for which the foreign national is being hired. Employers must initiate this test before submitting the request for consent. The NEA will issue a report within 4 days of submission. -
Submission of Application for Consent
The application package must currently be submitted in person to the NEA. Online applications will soon become available. -
Receiving the Decision
The NEA will issue a decision within 10 days of receiving the complete documentation. If approved, the foreign national can move forward with the new employment.
Exception: Residence and Work Permits Issued Before February 1, 2024
Foreign nationals holding temporary Residence and Work Permits issued under the previous law (before February 1, 2024) must follow a different process. In such cases, applications are handled under the earlier regulations, requiring the foreign national to obtain a new Work Permit to enable employment with a new employer.
How to Work for Multiple Employers
Foreign nationals are allowed to work for more than one employer, provided they secure NEA consent for each role. All employment agreements or contract amendments must be submitted for review. For instance:
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A part-time worker for one company may take up another part-time job to complete their full working hours. Full-time work is considered 40 hours per week. Exceptionally, if regulated by a company’s Employment Rulebook (in Serbian: Pravilnik o radu), full-time work can be shorter than 40 hours but not less than 36 hours per week.
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Alternatively, the employee can maintain a full-time role with the first employer and sign an additional contract called a Contract on Supplementary Work (in Serbian: Ugovor o dopunskom radu) with another employer. In this case, the working hours with the second employer can be up to one-third of the full working hours (up to 13.3 hours per week).
While the process of changing employers or taking on additional jobs in Serbia might seem complex for foreign nationals and their employers, following the correct steps ensures a smooth and straightforward experience.
If you have any questions or need guidance on this topic, feel free to contact us—our team is always ready to assist.