Author
Asylum seekers did not have the right to work when the old Asylum Act was in force.[1] Only after the Employment of Foreigners Act (EFA) was adopted at the end of 2014 were asylum seekers recognised as members of a specific category of foreigners entitled to obtain a work permit.[2] EFA was amended in July 2023, introducing more favourable for access to labour market. The novelties imply that access to labour market to asylum seekers is now allowed after 6 months of lodging of the asylum application. Also, it is not necessary anymore to request working permit, but the right to work can be automatically enjoyed after the expiry of the 6 months deadline.[3]
Persons entering the asylum procedure in Serbia do not have an ipso facto right to access the labour market.[4]
Asylum seekers whose asylum applications have not been decided upon through no fault of their own within 6 months of being lodged have the right to be issued a work permit valid for as long as the asylum procedure is ongoing [5] Thus, the entire process is simplified and more favourable for asylum seekers and the only remaining problem remains the time necessary for registration and the 15+8 days deadline to lodge asylum application.[6] Still, it is not necessary to extend the working permit every six months which makes the life of asylum seekers easier.
Another benefit of the 2023 amendments of EFA imply that it is not necessary anymore to lodge request to the National Employment Service (NES), to pay the fee and to wait, sometimes extensively for the issuance of the working permit.
The only remaining documents that asylum seekers require, and which are mainly obtained with the help of CSOs who are providing legal assistance and from the Asylum Office are:
- Certificate of lodging of the asylum application
- Personal number of a foreigner
4 out 7 Asylum Centres are located in remote areas in Serbia, where the unemployment rate in general is quite high (Tutin, Sjenica, Vranje and Bogovađa) and where access to job opportunities is extremely limited. For that reason and bearing in mind that genuine asylum seekers strive to integrate into society as quickly as possible, referring asylum seekers to remote asylum centres or in reception centres has an evident and discouraging effect on their aspiration to stay in Serbia. In 2023, especially in the last quarter, most of the asylum seekers have been referred to AC Sjenica and AC Tutin.
However, as it was noted by A11, asylum seekers in Serbia do not have an effective access to the right to work due to the following reasons:
- There is no specialised State authority providing support to access the labour market.
- There is no regulation governing the manner in which support to access the labour market would be provided,
- The right to work is not exercised in practice with institutional support, but only with the support of the CSOs that are UNHCR partners.[7]
Another issue is the fact that asylum seekers in general are not recognized as persons who are entitled to any kind of support, including the support in learning Serbian language. Thus, language barrier limits the opportunities in the job market.
All asylum seekers are recorded at the NES as unqualified workforce and the condition to register their qualification in the records is validation of their diplomas, which can prove their qualification degree. However, the majority of them do not hold original versions of their diplomas and documentation from their country of origin and most frequently, there is no real possibility to obtain them.[8]
[1] A11, Precondition for Integration, February 2021, available at: https://bit.ly/2ZYXZcS, 14-16 and 55.
[2] Article 2 (1) (9) Employment of Foreigners Act, Official Gazette of the Republic of Serbia, no. 128/2014, 113/2017, 50/2018, 31/2019 and 62/2023.
[3] This has been done through the amendments of Article 3 of the EFA.
[4] Article 57 Asylum Act.
[5] Article 3 EFA.
[6] See more in AIDA, Country Report: Serbia – Update on the year 2022, May 2023, available here, 168.
[7] A11, Precondition for Integration, February 2021, available at: https://bit.ly/2ZYXZcS, pp. 55-58.
[8] BCHR, Right to Asylum in the Republic of Serbia – Periodic Report July-September 2020, available at: https://bit.ly/46pjYtd, p. 41.