The Government of the Republic of Serbia has adopted a Conclusion recommending that employers allow employees not to work on Christmas Eve, with clearly defined exceptions and implications for employees’ rights.
The recommendation applies to the following dates:
- 24 December 2024 – for Catholics and members of other Christian religious communities who observe religious holidays in accordance with the Gregorian calendar;
- 6 January 2025 – for Orthodox Christians who observe religious holidays in accordance with the Julian calendar.
The recommendation is not legally binding for employers, as Christmas Eve is not prescribed as a public holiday under the Law on State and Other Holidays. Pursuant to Article 114, paragraph 1 of the Labour Law, an employer who allows an employee not to work on Christmas Eve is obliged, during the employee’s absence from work on a holiday that is a non-working day, to pay salary compensation in the amount of the employee’s average salary earned in the previous 12 months, in accordance with the employer’s general act and the employment contract.
The Conclusion particularly refers to employers who are, in accordance with the law, required to ensure the continuous performance of activities (e.g. healthcare, energy, public utility services, security), as well as employers whose work process technology does not allow interruptions In such cases, employees who work on the relevant days are entitled to the same rights as those applicable to work performed on a public holiday that is a non-working day.
This means that an employee who works on a public holiday that is a non-working day is entitled to increased salary compensation, amounting to at least 110% of the base salary, unless a higher percentage is provided for by a general act or the employment contract
Although the recommendation is not binding, the Conclusion encourages employers to demonstrate flexibility, respect employees’ religious rights, and at the same time ensure business continuity and compliance with applicable regulations.
For additional information or consultations, the Tasić & Partners team is at your disposal.