Working time regulations in Serbia are primarily governed by the Labor Law, which sets clear standards for the duration of the workweek, daily working hours, rest periods, and overtime. These regulations are designed to protect employees' health and safety while providing a framework for employers to manage their workforce effectively and compliantly.
Understanding and adhering to these rules is crucial for businesses operating in Serbia, whether they employ local staff directly or through an Employer of Record. Compliance ensures fair treatment of employees and avoids potential legal issues and penalties.
Standard Working Hours and Workweek Structure
The standard full-time working hours in Serbia are set at 40 hours per week. This is typically distributed over a five-day workweek, resulting in an eight-hour workday. However, the law allows for variations in the distribution of working hours, provided the average weekly hours over a specific period do not exceed the statutory limit.
| Aspect | Standard Requirement | Notes |
|---|---|---|
| Standard Workweek | 40 hours | Typically 5 days |
| Standard Workday | 8 hours | Can be distributed differently |
| Reduced Work Hours | Applicable for specific jobs | e.g., hazardous or strenuous work |
For certain jobs involving increased risk or strenuous conditions, the law may prescribe reduced working hours, which are considered full-time for those roles.
Overtime Regulations and Compensation Requirements
Overtime work is permitted in Serbia under specific circumstances, such as an increase in the volume of work or in cases of unforeseen events. However, there are strict limits on the amount of overtime an employee can work.
| Aspect | Limit | Compensation Rate (Minimum) |
|---|---|---|
| Maximum Daily Overtime | 4 hours | +26% of base salary |
| Maximum Weekly Overtime | 8 hours | +26% of base salary |
| Total Daily Hours | 12 hours (Standard + Overtime) | N/A |
Overtime must be ordered by the employer and is compensated at a rate of at least 26% above the employee's base salary for the hours worked. It is important for employers to manage overtime carefully to stay within the legal limits and ensure proper compensation.
Rest Periods and Break Entitlements
Serbian labor law mandates specific rest periods to ensure employees have adequate time off during and between working days and weeks.
- Daily Break: Employees working full-time (8 hours) are entitled to a mandatory break of at least 30 minutes during the workday. This break is counted towards working time. For employees working between 4 and 6 hours, the break is 15 minutes. For those working more than 10 hours, the break is 45 minutes.
- Daily Rest: Employees are entitled to a minimum daily rest period of 12 consecutive hours between two working days.
- Weekly Rest: Employees are entitled to a minimum weekly rest period of 24 consecutive hours, typically including Sunday. If the nature of the work requires working on Sunday, the employee must be provided with a day off during the week. The weekly rest must follow the daily rest period.
Night Shift and Weekend Work Regulations
Work performed between 10 p.m. and 6 a.m. is considered night work. Employees who regularly work at night may be entitled to specific benefits or different work arrangements. Compensation for night work is typically higher than for day work, with a minimum increase of 26% of the base salary, similar to overtime, unless a higher rate is agreed upon or stipulated in a collective agreement.
Working on weekends, particularly Sundays, is subject to regulations ensuring the weekly rest entitlement is met. If an employee works on a public holiday, they are entitled to increased compensation, typically at least 110% of their base salary for the hours worked on the holiday.
Working Time Recording Obligations for Employers
Employers in Serbia have a legal obligation to keep accurate and up-to-date records of their employees' working hours. This includes tracking:
- Start and end times of the workday.
- Use of breaks.
- Overtime hours worked.
- Night work hours.
- Work on weekends and public holidays.
These records serve as proof of compliance with labor law requirements regarding working time, rest periods, and compensation. They must be accessible for inspection by relevant authorities. Failure to maintain proper records can result in penalties for the employer. Implementing reliable time tracking systems is essential for meeting this compliance requirement.
