Employment of a foreign citizen is achieved provided that they have a long-stay visa on the basis of employment, approval for temporary residence or permanent residence and a single permit, unless otherwise determined by the law. A foreign citizen can establish an employment relationship with an employer by concluding an employment contract (for a fixed or indefinite period of time), and they can be employed on the basis of another contract by which a foreign citizen, without establishing an employment relationship, realizes their right to work.

The Law on Employment of Foreign Citizens is based on the principle of equal treatment. This implies that a foreign citizen who is employed in the Republic of Serbia in accordance with this Law has the same rights and obligations in terms of work, employment and self-employment as domestic citizens, if the conditions are met in accordance with the Law.

A foreign citizen who concludes an employment contract, or other non-employment contract, with an employer in the Republic of Serbia enters into compulsory social security in the Republic of Serbia, in accordance with the Law. The employer cannot hire or use the labour services of a foreign citizen who is illegally staying in the Republic of Serbia and who does not meet the conditions for employment, i.e. temporary employment.

The employer is obliged to keep evidence of meeting the conditions for employment, i.e. temporary employment of a foreign citizen.