Serbia - CLR

Serbia

Score
improved

2024 Score

93.5

2022 Score

91.5

2020 Score

-

Rating

Access to Decent Work

Fair
Wages

100

Decent
Working Hours

100

Employment
Security

60

Family
Responsibilities

100

Maternity
at Work

100

Safe
Work

100

Social
Security

100

Fair
Treatment

100

Child &
Forced Labour

100

Freedom of
Association

75

Fair Wages - 100

Question	Answer	Score	Legal Basis	Trend
Does the legislation or collective negotiation set and determine the minimum wages in the country?	Yes	1	§111 - 113, 269 - 273 of Serbia's Labour Law, 2005	No Change
Does the law require regular and timely payment of wages?	Yes	1	§110, 122 & 207 of Serbia's Labour Law, 2005	No Change
Does the law require overtime compensation to be at least 125% of the regular hourly rate?	Yes	1	§108 of Serbia's Labour Law, 2005	No Change
Does the law require any additional compensation for working on a weekly rest day?	Yes	1	§67, 108 & 114 of Serbia's Labour Law, 2005	No Change
Does the law require additional compensation for night work?	Yes	1	§62, 63 & 108 of Serbia's Labour Law, 2005	No Change

Decent Working Hours - 100

Question	Answer	Score	Legal Basis	Trend
Does the law stipulate general weekly working hours as 48 hours or lower?	Yes	1	§50, 52, 53, 87 & 108 of Serbia's Labour Law, 2005	No Change
Does the law restrict maximum working hours, including overtime, to 56 hours per week?	Yes	1	§53 of Serbia's Labour Law, 2005	No Change
Does the law require a paid weekly rest of at least 24 consecutive hours?	Yes	1	§67 of Serbia's Labour Law, 2005	No Change
Does the law require paid public holidays?	Yes	1	Law on State and Other Holidays, 2001	No Change
Does the law require at least three working weeks of paid annual leave?	Yes	1	§69 of Serbia's Labour Law, 2005	No Change

Employment Security - 60

Question	Answer	Score	Legal Basis	Trend
Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment?	Yes	1	§30 - 33, and 92 of Serbia's Labour Law, 2005	No Change
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§37 of Serbia's Labour Law, 2005	No Change
Does the law limit the length of the probation period, including renewals, to three months?	No	0	§36 of Serbia's Labour Law, 2005	No Change
Does the law require a 30-day notice period before employment contract termination?	Yes	1	§36,175-183, 189 & 276 of Serbia's Labour Law, 2005	No Change
Does the law require severance pay at the rate of at least two weeks of wages for every year of service?	No	0	§158 – 160 & 178 of Serbia's Labour Law, 2005	No Change

Family Responsibilities - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require a four-month parental leave for parents?	Yes	1	§68 of Serbia's Constitution, 2006; §77 & 94 of Serbia's Labour Law, 2005	No Change
Does the law require at least one week of paid paternity leave for fathers*?	Yes	1	§77 of Serbia's Labour Law, 2005	No Change
Does the law require flexible working arrangements* for workers with family responsibilities?	Yes	1	§92 of Serbia's Labour Law, 2005	No Change
Does the law require paid nursing breaks?	Yes	1	§93(a) of Serbia's Labour Law, 2005	No Change

Maternity at Work - 100

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit inquiring about pregnancy during recruitment?	Yes	1	§18 & 26 of Serbia's Labour Law, 2005	No Change
Does the law require maternity leave of at least 14 weeks?	Yes	1	§94 and 96 of Serbia's Labour Law, 2005	No Change
Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage?	Yes	1	§14 of the Law on Financial Support to Families with Children, 2018	No Change
Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability?	Yes	1	§3 and 5 of the Law on Right to Healthcare for Children, Pregnant Women & Mothers 2013	No Change
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§183 and 187 of Serbia's Labour Law, 2005	No Change

Safe Work - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require employers to provide free personal protective equipment to workers?	Yes	1	§18 & 26 of Serbia's Labour Law, 2005; §11, 15 & 28-29 of the Law on Safety and Health at Work, 2023	No Change
Does the law require employers to train workers on health and safety Issues?	Yes	1	§94 and 96 of Serbia's Labour Law, 2005; §15 & 33-37 of the Law on Safety and Health at Work, 2023	No Change
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§12, 26 and §89 – 94a of Serbia's Labour Law, 2005; §7 & 36 of the Law on Safety and Health at Work, 2023	No Change
Does the law provide for employment injury benefits in the event of an occupational accident or disease?	Yes	1	§115, 119, 125, 164 of Serbia's Labour Law, 2005; ISSA Country Profile for Serbia	No Change

Social Security - 100

Question	Answer	Score	Legal Basis	Trend
Does the law provide for an old age benefit?	Yes	1	§9, 18 (1), 19-20 of the Pension & Disability Insurance Law, 2003; ISSA Country Profile of Serbia	No Change
Does the law provide for survivors' benefits?	Yes	1	§9, 18 (3(1)), 27-28 of the Pension & Disability Insurance Law, 2003; ISSA Country Profile of Serbia	No Change
Does the law provide for unemployment benefits?	Yes	1	§69, 70, and 72 of the Act on Employment and Unemployment Insurance, 2009; ISSA Country Profile of Serbia	No Change
Does the law require paid sick leave (and sickness benefits) for the first six months of sickness?	Yes	1	§115 of Serbia's Labour Law, 2005; ISSA Country Profile of Serbia	Score adjusted due to a minor revision in methodology
Does the law provide for invalidity benefits?	Yes	1	§69 of the Pension and Disability Insurance Law, 2003; ISSA Country Profile of Serbia	No Change

Fair Treatment - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require equal remuneration for men and women workers for work of equal value?	Yes	1	§104 of Serbia's Labour Law, 2005; §16 of the Law on Prohibition of Discrimination, 2009	No Change
Does the law prohibit sexual harassment in employment?	Yes	1	§21 and 23 of Serbia's Labour Law, 2005; §30 of the Law on Prevention of Harassment at Work, 2010	No Change
Does the law prohibit discrimination in employment matters?	Yes	1	§21, 50, 76 of Serbia's Constitution, 2006; §18 – 23 of Serbia's Labour Law, 2005	No Change
Does the law allow women to do the same job as men?	Yes	1	§15, 21, and 60 of Serbia's Constitution, 2006; §18, 26 of Serbia's Labour Law, 2005	No Change
Does the law guarantee basic labour protection to the platform workers?	Yes	1	§10 & 12 of the Pension & Disability Insurance Law, 2003; ISSA Country Profile of Serbia	No Change

Child & Forced Labour - 100

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit the employment of children?	Yes	1	§66 of the Constitution, 2006; §24 of the Labour Law, 2005	No Change
Does the law set employment entry age equal to or higher than the compulsory schooling age?	Yes	1	§71 of the Constitution, 2006; §94 and 98 of the Law on the Foundations of the Education System, 2002	No Change
Does the law prohibit the employment of young persons in hazardous work under the age of 18 years?	Yes	1	§25, 84, and 87–88 of the Labour Law, 2005; Regulation on Hazardous Labour of Children, 2017	No Change
Does the law prohibit forced labour?	Yes	1	§26 of the Constitution, 2006; §390 of the Criminal Code, 2006	No Change

Freedom of Association - 75

Question	Answer	Score	Legal Basis	Trend
Does the law allow workers to form and join unions of their own choice?	Yes	1	§206-216 of Serbia's Labour Law, 2005	No Change
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§219 & 240-255 of Serbia's Labour Law, 2005	No Change
Does the law provide the right to strike?	No	0	§194-196 of Serbia's Labour Law, 2005 ITUC Global Rights Index 2024 (Serbia profile)	No Change
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers?	Yes	1	§61 of the Constitution, 2006; §14 & 15 of the Law on Strikes, 1996; USDOS CRHRP 2023 (Senegal)	No Change

*In order to measure the trend in country’s legislative performance over the last edition of the Labour Rights Index (2022), the following legend is used.

Score increase

Score decrease

Score adjustment

Methodological change

No change

Labour Law Global overview

Minimum Wage Global overview