On March 14, 2022, the Conclusion of the Government of Serbia 05 no. 131-2240/2022 was published in the Official Gazette of RS no. 33/2022, which includes a recommendation to employers regarding the provision of using the annual leave to employees who did not use their annual leave for 2021 due to extraordinary circumstances because of COVID-19 epidemic (“Conclusion”).

Subject matter of the Conclusion

According to the Conclusion, it is recommended to employers in the territory of Republic of Serbia to enable employees who did not use their annual leave for 2021 due to the nature of work in extraordinary circumstances because of COVID-19 epidemic, temporary inability for work by reason of COVID-19, or imposing the measure of isolation/home isolation under the law, to start and use the available annual leave in 2022, or to use the first part thereof, for at least two working weeks continuously, until December 31, 2022, and the remaining part up and until June 30, 2023.

Provisions of the Labor Law

As a reminder, Serbian Labor Law (“Law”) stipulates that annual leave is used at once or in two or more parts, in accordance with the Law. In this regard, the Law sets out that an employee is entitled to use the annual leave in two parts, unless it is agreed with an employer to use it in several parts.

According to the Law, in case an employee uses the annual leave in parts, it shall use the first part thereof for at least two working weeks continuously during the calendar year, and the rest by June 30 of the following year at the latest.

In addition, the Law stipulates that an employee who has not fully or partially used the annual leave in a calendar year due to absence from work because of maternity leave, leave from work for child care and special child care is entitled to use it until June 30 next year.

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