Law on Assignment of Employees to Work Abroad - Amendments

LAW ON AMENDMENTS OF THE LAW ON ASSIGNMENT OF EMPLOYEES TO TEMPORARY WORK ABROAD AND THEIR PROTECTION IS ADOPTED:

- Simplified procedure -

Law on Amendments of the Law on Assignment of Employees for Temporary Work Abroad and Their Protection (hereinafter: the “Amended Law”) came into force on July 7, 2018.

Primarily, the Amended Law reduces administrative procedure, but also prescribes that the employer may not assign all its employees to work abroad, but only those employees who have been employed for at least 3 months.

The Amended Law consists of following:

  1. Employee must be employed at the employer for at least three months before the day of their assignment. This provision does not apply to the employees who were assigned to temporary work abroad before 7 July 2018.

The Amended Law prescribes two exceptions, when employer may assign to temporary work abroad employees that are employed by this employer shorter than three months and that in the following cases:

  • Employers assign employees for temporary work abroad within their predominantly business activity registered at the Register of Business Entities with the Serbian Business Registers Agency and if the number of assigned employees that are employed for less than 3 months, is less than 20% of all employees employed by employer on the day of assignment, and
  • Employers assign employees in accordance with the interstate agreement with the Federal Republic of Germany.

2. Employer’s obligation to submit the following documents to the Ministry of Labour, Employment, Veteran’s and Social Affairs (hereinafter: the “Ministry”) is abolished:

  • notification about assignment of employees to temporary work abroad (hereinafter: the “Notification”), and
  • certificate from the unified database of the Central Registry of Compulsory Social Insurance (hereinafter: the “Central Registry”) which contains the list of employees assigned based on the Notification (hereinafter: the “Certificate”),

as well as the provision regarding the Ministry’s right to require information and evidence for fulfilment of the conditions required for employees’ assignment.

Consequently, penal provisions regarding misdemeanours related to non-compliance with the aforementioned procedures have been abolished as well.

In this way, employers’ obligation to inform the Ministry is abolished as unnecessary administrative procedure, while the procedure for registration and deregistration from compulsory social insurance for assigned employees with the Central Registry remained unchanged.

  1. With regard to the employees’ assignment to temporary work abroad, the Central Registry is obliged to submit to the Ministry regular reports on monthly, quarterly and yearly basis.
  2. Increased fines for “minor” misdemeanors.

Employers now may be fined RSD 150,000 instead of previous RSD 100,000 and entrepreneurs RSD 70,000 instead of previous RSD 50,000.

For severest misdemeanors fines remained unchanged (for legal entities from RSD 600,000 to RSD 1,500,000, for the person responsible from RSD 30,000 to RSD 150,000, and for entrepreneurs from RSD 200,000 to RSD 400,000).

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