Posting Serbian Workers to Germany

If you are considering posting Serbian workers to Germany, you need to understand the key requirements and the steps involved. This article provides clear and practical answers to the four most common questions businesses face when posting workers abroad.

What is Worker Posting?

Worker posting is an agreement between two countries allowing companies from one country to send their employees to work in another country. In this case, Serbia has signed a bilateral agreement with Germany. This agreement primarily applies to the construction sector and related fields like assembly and insulation.

While EU citizens enjoy free movement across member states, Serbia is not an EU member. This agreement enables Serbian companies to participate in the EU’s economic flow.

Who Can Apply for Posting Workers?

For companies in Serbia to apply for posting workers to Germany, they must meet several requirements:

  1. The company must be based in Serbia and registered to perform activities eligible for posting.

  2. The company must have a registered branch office in Germany or at least proof that it’s in the process of opening one.

  3. Additional requirements include:

    • Two regular financial reports filed with the Serbian Business Registers Agency.

    • At least 10% of total income must be generated in Serbia (set to rise to 25% in 2022).

    • The company’s bank account should not be blocked for more than 14 days in the past year.

    • The company can post up to 75% of its workforce abroad.

    • The company must show a total income of at least 12,000,000 dinars in its financial report.

The number of workers posted to Germany is limited, and at the end of each period, the German Ministry of Labor and Social Affairs announces the maximum number of workers that can be posted in the upcoming period.

How to Apply for Worker Posting?

To apply for posting workers, companies must submit their applications to the Serbian Chamber of Commerce. The required documents include:

  • Proof of an open branch office in Germany.

  • A service contract in German, along with a Serbian translation certified by an authorized court interpreter.

After submitting the application, the Serbian Chamber of Commerce will review it. If the company meets all the criteria, they will receive approval for contingent participation.

What Comes Next?

Once approved, the company can proceed with the posting procedure. The next steps are as follows:

  1. Obtain Work Permits: The company must submit work permit applications for its employees to the relevant German authorities.

  2. Visa Applications: After securing work permits, employees must apply for work visas. The German Consulate schedules visa appointments, but if five or more workers are involved, an expedited process is available through the Serbian Chamber of Commerce.

Required Documents for Visa Applications:

For each worker, the following documents are needed:

  • Videx application form.

  • Passport and one copy (all relevant pages).

  • Two passport-sized photos.

  • Work permit and one copy.

  • Employer’s confirmation of employment.

  • Proof of professional qualification.

  • Pension and disability insurance records.

  • Health insurance certificate.

  • Administrative fees (35 euros for stays up to 3 months, 75 euros for stays longer than 3 months).

Once the visa is granted, the worker can start their work assignment in Germany.

Key Takeaways

  • Worker posting to Germany involves a clear process with specific requirements and steps.

  • Businesses must ensure they have the correct documentation and meet all necessary criteria before submitting an application.

  • Work permits and visas are crucial for the legal employment of workers abroad.

PS: Get Legal Help for a Smooth Process

Given the complexities of posting workers, it is vital to seek professional legal support. A lawyer can help ensure that your company complies with all regulations and avoids costly mistakes. Make sure you have everything in order before you begin the application process.

For professional assistance or more information, contact us at [email protected] or call +381113281914 during working hours (08:30 to 16:30).

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