Independence Test: How Independent Should an Independent Contractor be?

At the end of 2019, the National Assembly of the Republic of Serbia adopted the Law amending the Law on Personal Income Tax (“LPIT”), which entered into force on 14 December 2019, however the application of certain provisions was delayed until 1 March 2020, notably those referring to the so-called independence test. Contractors, despite paying income taxes from independent activity, will have to prove how independent they are in performing their activity. What does independence test actually mean? The purpose of test application is to determine the independence of a contractor in relation to his principal. If it is established...

UPDATE: New Regulations and Measures Relating to the Coronavirus Disease (COVID-19) Emergency

Second week after the declaration of the state of emergency in the Republic of Serbia was also marked by intensive regulatory activity so that citizens, private and public sectors would adjust to the new modes of functioning and business activities. A summary of key novelties from the previous week shall be presented below. a. Status of foreigners in the Republic of Serbia Foreign nationals who legally resided in the Republic of Serbia on the day of declaration of the state of emergency, on either basis stipulated in the Law on Foreigners,  may legally stay in the Republic of Serbia during...

COVID-19 PR Legal Announcement

Dear Clients and Business Associates, In accordance with the state of emergency declared in the Republic of Serbia due to the COVID-19 virus pandemic, we wanted to inform you about the steps that our office has taken in this regard. In order to prevent the spread of virus, protect the public health and health of employees, PR Legal has decided that our employees will start working from home until further notice, as well as individual on-call duties will be organized in order to continue to provide you with timely and quality legal services. These organizational changes caused by the new...

New Regulations and Measures Relating to the Coronavirus Disease (COVID-19) Emergency

We have left behind the first week of the state of emergency declared for the suppression of coronavirus disease, during which state authorities passed several regulations that have serious impact on the lives of citizens and functioning of economy. At the same time, both state and private sector had to adjust to the new circumstances and it is very likely there will be some new measures in the upcoming period. The key novelties that marked the previous week shall be presented herein. a. Restricted trade in goods and services One of the first measures introduced by the Government was temporary...

UPDATE: COVID-19 risk in the Workplace

On March 16, 2020 the Government of the Republic of Serbia passed the Regulation on organization of the employers’ operations in the state of emergency (“Regulation”), which was subsequently published in the Official Gazette of the RS no. 31/2020. The Regulation provides that during the state of emergency employer is obliged to enable employees to perform work outside the employer’s premises (teleworking and work from home), at all jobs where such work can be organized in accordance with the general enactment and the employment agreement. If there are no applicable internal rules on remote work, the Regulation provides that employer...

Labour relations amid COVID-19 pandemic

On 11 March 2020, the World Health Organisation declared COVID-19 (coronavirus disease) a pandemic. In recent days, the number of cases has also been on the increase in the Republic of Serbia, wherefore the Government adopted several measures to prevent the spreading of the disease. They include the ban on gatherings of more than 100 people in confined spaces, temporary ban on entry into Serbia for foreign citizens arriving from the zones particularly affected by the disease, temporary closing of 44 minor border crossings and transfer of international road transport to major border crossings. With regard to labour relations, the...

eCadastre – Introduction of New Electronic Services

National Assembly of the Republic of Serbia adopted the Law amending the Law on Registration Procedure with the Cadastre of Real Estate and Utilities (“the Law”), which will be fully in force as of 31 March 2020. The amendments to the Law should accelerate the delivery of decisions to the parties and increase legal certainty of registration finality, as well as accelerate the overall procedure of entry into the real estate cadastre and reduce its costs. Another reason for amendments to the Law was the alignment of certain provisions of the Law with other regulations relevant for the activities of...

New Legal Grounds for Foreigners’ Stay in the Republic of Serbia

The Government of the Republic of Serbia passed a Regulation on criteria for determining the categories of foreigners and categories of foreigners who may be approved temporary stay in the Republic of Serbia regardless of the grounds for approval of temporary stay (“the Regulation”), which has been applied since 22 February 2020. The Regulation regulates legal grounds for approval of temporary stay in the Republic of Serbia in addition to the grounds already stipulated by the Law on Foreigners. Who can be granted stay on basis of this Regulation? The following categories of foreigners are eligible: Foreigners who incorporated a...

We are Looking for a Senior Associate to Join Our Team

We are currently looking for a Senior Associate to join the firm's team with particular expertise in: Corporate/Commercial Employment Dispute Resolution Candidates profile/experience: University degree in Law; Serbian Bar exam; At least 3 years of working experience in the abovementioned practice areas; Excellent written and spoken English; Strong computer skills, specifically Paragraf Lex, Word, Excel, Outlook, Internet research skills; The candidate must be an excellent writer with analytical skills, able to handle multiple matters with independence and sound judgment; Possess a strong work ethic and strong legal research skills; Be able to create and deliver sustainable, high quality client service...

Personal Data Protection Developments – Serbia Got Standard Contractual Clauses

Shortly before marking the #DataProtectionDay in January 2020, the Commissioner for Information of Public Importance and Personal Data Protection (the "Commissioner") passed the Decision establishing Standard Contractual Clauses. In that way, the Commissioner fulfilled his obligation under the Law on Personal Data Protection (“LPDP”), and Serbia took a step closer to completing the legal framework for personal data protection. What are standard contractual clauses? Standard contractual clauses ("SCCs") represent a contract model that governs the relationship of two parties to the processing of personal data. Like almost all LPDP decisions, SCCs are not the original legal mechanism of the domestic...