Article
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A Guide to Employee Background Checks in Serbia
Employee background checks
Author
Michał Kowalewski
Last Update
August 19, 2024
Table of Contents
Key takeaways
- Employers in Serbia must obtain explicit consent from candidates before conducting any background checks. Compliance with local data protection laws, aligned with GDPR, is crucial to avoid legal repercussions
- It is illegal to conduct non-consensual verifications or use deceptive methods to obtain information. Social media checks must be relevant to job requirements and not infringe on protected characteristics like race or ethnicity
- Background checks are particularly common in industries such as finance, healthcare, education, government, and security
Employee background checks should be an integral part of your hiring process in Serbia. Although not mandatory, they are a common practice, particularly in sectors such as finance, healthcare, education, government, public sector, security, and law enforcement.
Serbia's rapidly developing economy and strong educational system have made it an attractive hub for hiring, especially in the IT sector. Serbia's IT sector exports reached nearly €2 billion in 2024, showcasing its substantial impact on the national economy. The export of ICT services alone reached €1.3 billion in the first part of 2023, marking a 41% increase from the previous year. The country also benefits from a high level of English proficiency, which minimizes cultural barriers and enhances communication skills, making Serbian professionals particularly attractive to international employers.
When hiring in Serbia, it's important to be mindful of local employment laws, especially regarding background checks, which are mostly prohibited unless candidates give their consent. This emphasizes the need for a thorough understanding of local practices to ensure a smooth and compliant recruitment process.
In this article you’ll learn:
- How to run an effective and legal employment screening in Serbia
- Common types of employee checks in Serbia
- Step-by-step process of a thorough employee screening
- Mistakes to avoid when performing a background check in Serbia
What employers need to know before running background checks in Serbia
An employee background check is the process of verifying a potential hire’s work history, education, professional qualifications, and any criminal records they might have. It’s particularly beneficial to run before finalizing an employment offer or signing a contract, ensuring the candidate meets the company's standards and requirements.
In Serbia, employee background checks must comply with the Law on Personal Data Protection, which is aligned with the General Data Protection Regulation (GDPR). The Commissioner for Information of Public Importance and Personal Data Protection plays a key role in overseeing compliance.
- GDPR: Emphasizes the protection of personal data in the European Union, impacting how employee background checks are conducted by requiring lawful, fair, and transparent data processing. Organizations must ensure they have a legitimate basis for such checks, often necessitating explicit consent from the individual.
- Commissioner for Information of Public Importance and Personal Data Protection: This body oversees the enforcement of data protection laws in Serbia, ensuring organizations adhere to these regulations during employee background checks and other data processing activities. The Commissioner's responsibilities include monitoring compliance, providing guidance to organizations, and addressing individuals' complaints regarding data protection violations
Unique to Serbia is the cultural sensitivity around personal information. Transparency in the purpose and scope of the background checks is essential to maintain trust and respect with potential employees.
Are background checks legal in Serbia?
Yes, background checks are legal in Serbia, provided they comply with the Law on Personal Data Protection. Employers must ensure that they have a legitimate reason for conducting these checks and must obtain explicit consent from the individual. It's also important for employers to only gather information directly relevant to the job position in question.
What types of background checks are illegal in Serbia?
In Serbia, background checks that involve the indiscriminate collection of personal data or infringe upon an individual's privacy rights are considered illegal.
Stay clear of:
- Non-consensual verifications: Conducting any background check, such as a credit check, without the candidate's explicit consent is prohibited. Additionally, obtaining information about a candidate's religious beliefs, political opinions, or other protected characteristics without consent is illegal.
- Unlawful practices: Recruiters must refrain from using deceptive or unfair methods to obtain information during a background check. Such practices violate the principles of fairness and transparency under Serbian data protection laws.
- Social media checks: While reviewing publicly available information about a candidate on social media platforms is not forbidden, recruiters must ensure the information is relevant to the job requirements. Using social media to gather information about a candidate's protected characteristics, such as race, ethnic origin, or sexual orientation, is prohibited and can lead to legal consequences.
Violating data privacy laws during employee background checks in Serbia can lead to significant legal repercussions due to strict adherence to local data protection regulations.
Specifically, under Serbian data protection laws aligned with GDPR, fines for infringements can be severe:
- Less severe violations can result in fines up to €10 million or 2% of the firm's global annual revenue from the previous fiscal year, whichever is higher.
- More serious infringements can attract fines of up to €20 million or 4% of the firm's worldwide annual revenue from the preceding financial year, again whichever is higher.
Background checks
Common background check industries in Serbia
In Serbia, various industries rely on employee background checks to ensure the integrity and reliability of their workforce. Some of the common industries where background checks are prevalent include:
- Finance: Given the sensitive nature of financial information, the financial services industry conducts thorough background checks to assess the integrity and trustworthiness of potential employees. This helps prevent fraud, embezzlement, and other financial crimes, ensuring compliance with regulatory standards.
- Healthcare: Healthcare organizations prioritize patient safety and confidentiality, leading to extensive background checks to ensure the qualifications and ethical conduct of healthcare professionals. This is crucial for maintaining high standards of care and safeguarding patient information.
- Education: Educational institutions conduct background checks to verify the credentials and suitability of teaching staff, especially for positions involving interactions with children and young adults. These checks help protect students and maintain a safe learning environment.
- Government and public sector: Given the public trust associated with government roles, background checks are standard practice to assess the integrity and reliability of candidates. This helps ensure that employees in these positions uphold the highest ethical standards and security requirements.
- Security and law enforcement: Background checks are crucial in the security and law enforcement sector to evaluate the character and suitability of individuals entrusted with public safety responsibilities. These checks help maintain public trust and ensure that personnel are fit for their roles in protecting the community
Types of employee background checks in Serbia
Effective employment screening in Serbia covers essential aspects to evaluate a candidate's abilities. Knowing these areas helps employers tailor screening processes to meet job requirements and legal standards.
Type of Check | Common in Serbia | Reason |
---|---|---|
Criminal record check | Common | Standard check to assess a candidate's criminal history, ensuring workplace safety. Employers need a valid reason and proper authorization |
Employment history verification | Common | Important for confirming a candidate's work history, helping to prevent resume fraud and ensure they have relevant experience |
Qualification verification | Common | Ensures that the educational and certification claims made by a candidate are legitimate and meet job requirements |
Professional license verification | Common | For regulated professions, employers commonly verify a candidate's professional licenses to ensure compliance with industry standards |
Credit history check | Less common | This check is relevant for roles in finance and banking to gauge financial responsibility. However, financial status checks are protected under Serbian law |
Social media screening | Increasingly common | Employers are increasingly using social media to understand more about a candidate's character and cultural fit within the company. Care must be taken to avoid discrimination |
Background check mistakes to avoid in Serbia
Whether you’re hiring employees or contractors in Serbia, there are a few things you shouldn’t do as an employer when it comes to background checks:
- Failing to obtain informed consent: Conducting background checks without obtaining explicit consent from the candidate can lead to legal repercussions and privacy violations
- Overreaching: Stick to information that is relevant to the job role to avoid privacy violations and ensure compliance with data protection laws
- Discriminatory practices: Employers must ensure that background checks are conducted uniformly for all candidates and do not discriminate based on protected characteristics, such as age, race, gender, or disability
- Misuse of information: Using background check information for purposes other than making employment decisions, or unlawfully disclosing it to third parties, can result in legal consequences
- Inadequate document retention and disposal: Failing to establish secure protocols for retaining and disposing of background check information can lead to unauthorized access or privacy breaches
- Neglecting data protection laws: Disregarding the requirements of Serbia's Law on Personal Data Protection can result in penalties and damage to the organization's reputation
Step-by-step guide of employee background checks in Serbia
Employers looking to hire in Serbia should follow the list of steps below to ensure legal and effective and thorough employee background checks.
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Obtain consent: Before starting the background check, secure written consent from the candidate
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Define scope: Clearly outline the scope of the background check, ensuring it’s relevant to the job role
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Check criminal record: This can be done through the Ministry of Interior with the candidate's consent
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Verification educational credentials: Contact educational institutions directly or use verified services to confirm qualifications
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Verify previous employment: Reach out to previous employers to verify job titles, responsibilities, and durations
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Check reference: Conduct reference checks to gain insights into the candidate's work ethic and character
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Screening social media: With consent, review public social media profiles for potential red flags.
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Check credit history: For finance-related positions, a credit check might be necessary, adhering strictly to legal guidelines
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Ensure compliance with GDPR: Ensure all steps comply with Serbian data protection laws and GDPR standards
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Give feedback: Inform the candidate of the results and proceed with the hiring decision
You can also automate this process using Deel, and get a fast employee background check, with results coming in a matter of minutes.
We've had a great experience onboarding our global employees through Deel. The background check integration/add-on made this process even smoother, and it was helpful to get the reassurance that all steps of onboarding, including the background check would be completed in time to get our employees on board by their projected start date.
—Jennifer Larimore,
Director of HR at Bluleadz
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About the author
Michał Kowalewski a writer and content manager with 7+ years of experience in digital marketing. He spent most of his professional career working in startups and tech industry. He's a big proponent of remote work considering it not just a professional preference but a lifestyle that enhances productivity and fosters a flexible work environment. He enjoys tackling topics of venture capital, equity, and startup finance.