The Government of the Republic of Serbia has adopted Conclusion No. 06-5279/2024 (“Conclusion“), recommending that employers provide a non-working day to employees of the Islamic faith on the second day of Kurban Bayram, specifically on June 17th. This recommendation also extends to children, pupils, and students within educational institutions.
It is important to note that the Law on National and Other Holidays in the Republic of Serbia (“Official Gazette of RS”, Nos. 43/2001, 101/2007, and 92/2011) grants members of the Islamic faith the right to a non-working day only on the first day of Kurban Bayram. Therefore, the adoption of the Conclusion would grant an additional non-working day, contingent upon employer approval, as this recommendation is non-binding.
Should employers approve the use of an additional non-working day, employees who are absent from work on that day would be entitled to wage compensation, calculated based on the average wages paid in the previous 12 months, in accordance with Article 114, paragraph 1 of the Labor Law.
Conversely, if the needs of the work process necessitate, and employers are unable to grant leave as stipulated in the Conclusion, the Government recommends that in such cases, employees of the Islamic faith be provided with an increased wage, as determined by the general act and employment contract, amounting to at least 110% of the base wage, pursuant to Article 108, paragraph 1, item 1 of the Labor Law.