One announcement that is bound to define the year 2024, is that the Government of the Republic of Serbia adopted the Conclusion on forming the Working Group tasked with reviewing activities and measures aimed at activating compulsory military service. The idea is that, starting from September of the coming year, military barracks will welcome young men aged 19 to 27, along with young women who volunteer to join them. This decision unveils significant questions, especially those related to employment and the rights of employees who will be called for conscription.

According to Article 79 of the Labor Law, one of the reasons leading to inactive employment is absence from work due to fulfillment or continuation of military service. During this period, the rights and obligations of employees are inactive, except those prescribed differently by the law, general acts, or employment contracts.

One of the key queries is whether employees will receive salaries during their conscription The answer to this question is negative. Within this period, all rights of employees are inactive, including:

• salary payment;
• payment of taxes and contributions for pension and disability insurance, and unemployment insurance;
• recognition of employment history;
• assessment of days for vacation leave.

During the inactive employment status due to conscription, employed persons will have health insurance. The Law on Health Insurance stipulates that under this law, persons in service with the Army of Serbia, with units of the Army of Serbia, and with institutions of the Army of Serbia are considered insured persons.

Another major query is whether the employer can hire another person for the position of the employee whose employment rights are inactive. The employer can conclude a fixed-term employment contract with another person to replace the temporarily absent employee, until their return.

Moreover, the employer can also conclude a permanent employment contract with a new employee for the same position.

An employee whose rights and obligations are inactive has the right to return to work within 15 days from the completion of conscription. However, if the employee does not comply with this prescribed deadline, the employer may terminate the employment contract with said employee.