Navigating working time regulations is a crucial aspect of employing individuals in Serbia. The Labor Law sets clear standards for the duration of the workweek, daily working hours, and provisions for work performed beyond the standard limits, such as overtime, night shifts, and weekend work. Employers must adhere strictly to these rules to ensure compliance and maintain fair labor practices.
Understanding these regulations is essential for managing payroll, scheduling, and overall workforce management effectively. Compliance helps prevent potential legal issues and ensures employees receive their rightful compensation and adequate rest periods, contributing to a productive and healthy work environment.
Standard Working Hours and Workweek
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 eight hours per day. However, the law allows for variations in the daily distribution of hours, provided the weekly total does not exceed 40 hours, unless specifically permitted under other provisions of the law.
For certain roles or industries, a shorter workweek may be established by law, collective agreement, or employment contract, but it cannot be less than 36 hours per week.
Overtime Regulations and Compensation
Work performed beyond the standard full-time hours is considered overtime. Overtime can be ordered by the employer in specific circumstances, such as an increase in the volume of work or the need to complete urgent tasks.
There are strict limits on the amount of overtime an employee can work:
- Maximum daily overtime: An employee cannot work more than 4 hours of overtime per day.
- Maximum weekly overtime: Overtime hours, when added to standard hours, cannot exceed 12 hours per day on average over a four-week period.
- Maximum annual overtime: The total amount of overtime is generally limited, ensuring employees are not excessively burdened.
Compensation for overtime work is mandated by law. Employees are entitled to increased wages for hours worked as overtime. The minimum statutory increase for overtime is 26% of the employee's base wage for the hours worked as overtime. Collective agreements or employment contracts may stipulate higher rates.
Rest Periods and Break Entitlements
Serbian labor law guarantees employees specific rest periods to ensure their well-being and recovery. These include breaks during the workday, daily rest between shifts, and weekly rest.
| Rest Period Type | Duration | Conditions |
|---|---|---|
| Break during work | Minimum 30 minutes | For employees working full-time (at least 6 hours per day). Not included in working hours. |
| Daily Rest | Minimum 12 consecutive hours | Between two consecutive working days. |
| Weekly Rest | Minimum 24 consecutive hours | Within a seven-day period. Typically includes Sunday. Must follow daily rest. |
The break during work cannot be taken at the beginning or end of the workday.
Night Shift and Weekend Work Regulations
Night work is defined as work performed between 10 p.m. and 6 a.m. Employees who work at least three hours of their daily working time or at least one-third of their full weekly working time during the night period are considered night shift workers.
Specific regulations apply to night work, including potential limitations for certain categories of employees and requirements for health checks. Compensation for night work is also subject to an increased wage rate. The minimum statutory increase for night work is 26% of the employee's base wage for the hours worked during the night period.
Working on weekends (typically Sunday, as it's the standard weekly rest day) is generally avoided but may be required in certain industries or roles. If an employee is required to work on their statutory weekly rest day, they are entitled to a substitute rest day within the following week. Compensation for work on a weekly rest day is also subject to an increased wage rate, with the minimum statutory increase being 26% of the employee's base wage for the hours worked on that day.
Working Time Recording Obligations
Employers in Serbia have a legal obligation to keep accurate and up-to-date records of their employees' working hours. This includes recording the start and end time of each workday, as well as any overtime hours worked.
These records serve as proof of compliance with working time regulations and are subject to inspection by labor authorities. Maintaining precise records is essential for calculating correct wages, including overtime and other premiums, and for demonstrating adherence to legal requirements regarding working hours, rest periods, and breaks. The method of recording can vary, but it must be reliable and accurately reflect the actual hours worked by each employee.
