What Serbia’s Law Says About Unpaid Internships

For Australians, an unpaid internship in Serbia can look familiar at first: a student joins a business, shadows experienced staff and hopes to build a résumé. The legal position, however, depends less on the label “intern” than on the document signed, the purpose of the placement and what the person actually does each day.

Serbia’s Labour Law recognises professional training and development arrangements that may take place without a standard employment contract. That does not create a general right for businesses to obtain free labour. If an intern is performing ordinary productive work under the employer’s direction, the arrangement may be treated as employment even if the paperwork calls it training.

This distinction matters to Australian students, graduates and organisations working across borders. A placement in Belgrade, Novi Sad or Niš should be checked against Serbian rules before it begins, especially where the intern is expected to work regular hours, serve customers or replace a paid employee.

The legal difference between training and employment

Serbian law allows an employer to enter into a contract for professional training and development. Such an agreement is generally used when a person needs practical experience, preparation for an examination or training required for a particular occupation. The arrangement does not automatically establish an employment relationship.

A separate form of professional practice may apply where an internship is a legal or professional condition for working in a regulated field. Lawyers, health professionals, teachers and other occupations can have additional rules governing supervised practice, examinations and registration. The relevant sector legislation may impose requirements that are stricter than the general Labour Law.

The word “intern” has no magic legal effect. Authorities and courts can examine the real arrangement: who controls the schedule, whether the person has a defined training programme, whether a supervisor is appointed and whether the intern produces ordinary business output. A company cannot avoid employment obligations simply by describing a regular job as an educational opportunity.

When unpaid training may be lawful

A professional training agreement can be unpaid, unless the contract or a special rule provides for compensation. This is one reason unpaid internships can exist legally in Serbia. The agreement should explain the training objective, duration, supervision, location, working arrangements and the rights and duties of both parties.

Even where no salary is owed, the organisation may have duties concerning safety at work, personal data, discrimination and protection from harassment. The intern should receive information about workplace risks and should not be placed in unsafe conditions. An agreement may also provide for travel, meals or other expenses, although reimbursement is different from wages.

Serbian rules can require contributions connected with workplace injury and occupational disease during professional training. The exact treatment depends on the legal basis of the placement and the person’s status, so the host organisation should confirm its registration and contribution obligations rather than assume that “unpaid” means “cost-free”.

The warning signs of disguised employment

An unpaid placement becomes legally risky when the intern works like an ordinary employee. Warning signs include fixed shifts, instructions to meet sales targets, responsibility for customers, routine administrative duties and a continuing expectation of output. The risk is higher where the intern has little educational supervision and performs tasks that would normally be assigned to a paid worker.

The length of the placement also matters, although there is no simple number of weeks that makes an arrangement lawful or unlawful. A short, structured learning period can still be problematic if it involves full-time productive work. A longer programme may be defensible where it has genuine instruction, progressive tasks and a clear professional purpose.

For an Australian comparison, this is similar to the concern behind Fair Work scrutiny of unpaid work experience: the label is secondary to the substance. A Sydney café, Melbourne start-up or Brisbane community organisation could not safely call someone an intern if that person is effectively filling a rostered staff position. Serbian employers face the same practical question, under Serbian legislation.

What a proper written agreement should contain

The safest arrangement is written in Serbian or in a bilingual form that the intern can understand. It should identify the parties, describe the training, state the start and end dates, name a supervisor and specify where the activities will take place. It should also clarify whether the person will receive compensation, expense reimbursement, meals, transport or other support.

The document should distinguish learning activities from ordinary business operations. A plan might include observing client meetings, completing supervised exercises, attending workshops and receiving feedback. It should avoid vague wording that allows the host to assign any task without limits.

A well-drafted agreement can also address confidentiality, intellectual property, use of equipment, personal data and early termination. These provisions do not turn an unpaid intern into an employee, but they reduce disputes and help demonstrate that the placement has a genuine educational purpose. Organisations seeking accessible legal education work can use this kind of plain-language approach when explaining rights to students and community groups.

Pay, working time and workplace protections

If the arrangement is actually employment, the intern may be entitled to the protections that accompany an employment relationship. These can include a written employment contract, wages at or above the applicable minimum, working-time limits, rest periods, annual leave and social insurance obligations. Calling payments a “stipend” does not necessarily change their legal character.

An employee should receive clear information about hours and duties. Serbian employment law also regulates overtime, night work and weekly rest. A business that expects an unpaid person to work long shifts, remain available after hours or perform hazardous tasks could face complaints, inspection and claims for unpaid entitlements.

Australian readers may recognise the practical issue from casual work: a person might be told that shifts are flexible, yet still be expected to be available and perform regular duties. In Serbia, informal arrangements can create the same uncertainty. Interns should keep copies of messages, schedules, attendance records and work instructions, particularly when no payment is being made.

Complaints, evidence and enforcement

A person who believes an unpaid placement is really employment can seek advice from a Serbian employment lawyer, trade union, student service or civil society organisation. The Labour Inspectorate may investigate suspected breaches of labour legislation. A complaint is stronger when supported by evidence showing the actual work performed rather than merely the title used by the host.

Useful records include the signed agreement, emails setting out duties, timesheets, photographs of rosters, messages from supervisors and evidence that the intern dealt with clients or produced revenue-generating work. Interns should also record promises about future employment, because those promises can influence whether consent was genuinely informed.

Civil society groups can help people understand procedures and prepare questions before approaching an authority. Public legal information is especially valuable for young people, migrants and international students who may not know Serbian administrative terms. Clear explanations of regulation matter in other everyday areas too, as illustrated by this roulette explainer, where readers also need to distinguish general information from legally reliable advice.

Practical steps before accepting a placement

Before signing, an intern should ask what qualification or skill the placement is designed to develop, who will supervise it and how much time will be spent learning rather than producing routine work. The host should explain whether the placement is based on professional training, volunteering, student engagement or an employment contract. Those categories should not be blended casually.

Volunteering may be appropriate for genuine nonprofit activities, but it is not a universal way to avoid paying people in commercial businesses. A volunteer agreement should reflect voluntary public-interest participation, and agreed expense reimbursement should be recorded. A company should obtain specific advice before using volunteer terminology for a role connected to its ordinary commercial operations.

The most reliable approach is to assess the arrangement before the first day, verify any sector-specific rules and keep the paperwork consistent with reality. For someone travelling from Australia, the fact that the placement is in Serbia does not make informal promises safer. A written plan, meaningful supervision and honest treatment of work duties are the clearest safeguards for both the intern and the host organisation.