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Serbia

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Serbia

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Standard working hours

In Serbia, the labor law establishes a clear framework for standard working hours, ensuring a balance between employee productivity and well-being.

A typical workweek in Serbia comprises 40 hours, spread across five workdays from Monday to Friday. Each workday generally shouldn't exceed eight hours, although exceptions may exist based on specific work arrangements.

Local regulations or company policies can establish full-time workweeks with slightly fewer hours, down to a minimum of 36 hours per week. For employees working in shifts or where the nature of the job necessitates it, working hours can be distributed unevenly across workweeks. However, the average working hours over a month cannot exceed 40 per week.

If a job poses a significant health risk, regulations allow for a reduction in standard working hours by up to 10 hours per week.

It's essential to consult the complete Serbian Labour Law for comprehensive details and the latest amendments. This guide provides a general overview of standard working hours in Serbia.

Overtime

In Serbia, overtime work is allowed under specific regulations outlined in the Labour Law. The key rules and compensation for overtime work are as follows:

Maximum Overtime Hours

  • An employee cannot work overtime for more than eight hours per week.
  • Daily working hours, including overtime, cannot exceed 12 hours.
  • This translates to a maximum of four hours of overtime per day.

Exceptions

There are limited exceptions where extended working hours might be necessary. These include:

  • Force Majeure: Situations of unexpected or unavoidable events beyond the employer's control.
  • Unexpected Increase in Workload: Sudden surges in work requiring temporary extended hours.
  • Meeting Deadlines: Unforeseen circumstances requiring additional work to meet critical deadlines.

Employee Protections

The Labour Law offers specific protections for certain employee groups regarding overtime work:

  • Employees Under 18: Overtime work is strictly prohibited for employees under 18 years old.
  • Pregnant Women and New Mothers: Employers must obtain written consent before assigning overtime work to pregnant women or mothers with children under three years old.
  • Single Parents: Similar to pregnant women, single parents with children under three also require written consent before being assigned overtime work.

Overtime Compensation

Employees working overtime are entitled to additional compensation on top of their regular wages:

  • Overtime Pay: Each hour of overtime work must be compensated at a rate at least 26% higher than the employee's regular hourly wage.

Rest periods and breaks

In Serbia, workers are entitled to both daily and weekly rest periods and breaks throughout the workday, as mandated by the Employment Act.

Daily Breaks

The minimum length of a break depends on the total number of working hours per day:

  • Employees working at least 6 hours are entitled to a break of at least 30 minutes.
  • Employees working more than 4 and less than 6 hours are entitled to a minimum break of 15 minutes.
  • Employees working over 10 hours are entitled to a break of at least 45 minutes.

Key Points:

  • Breaks are considered working hours and are included in the total daily working time.
  • Breaks cannot be taken at the beginning or end of the workday.

Daily Rest

In addition to breaks, employees are entitled to a minimum of 12 consecutive hours of rest within a 24-hour period. This means there must be at least 12 hours between the end of one workday and the beginning of the next.

Weekly Rest

All employees have the right to a weekly rest period of at least 24 consecutive hours. This is in addition to the daily rest period, resulting in a minimum of 36 hours of uninterrupted rest each week.

  • Typically, the weekly rest period falls on Sundays.
  • The employer can designate another day for the weekly rest period if the nature of the work requires it.

Night shift and weekend regulations

In Serbia, labor law has specific regulations for employees working night shifts and weekends.

Night work is generally defined as work performed during the night period, typically between 10 pm and 6 am, although this can be adjusted by collective agreement. Employers with shift work must ensure employees don't work night shifts for more than one consecutive workweek. Exceptions require written employee consent. Employees working night shifts are entitled to a premium of 26% on top of their base salary.

Weekend work is generally discouraged, though not explicitly prohibited. The law emphasizes a five-day workweek. Weekend work might be considered overtime and subject to overtime regulations.

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