Employment Resignation in Serbia – Rights and Obligations

In case of resignation, there are certain rights and obligations in connection with the dismissal and it is important to observe them, which applies to both parties to the contract – both the employer and the employee.

The working relationship between the employer and the employee is based on the fulfillment of mutual obligations, because it regulates the rights, obligations and responsibilities, which applies to both the employer and the employees.

Termination of the employment relationship may occur at the employee’s will (consensual – by agreement or termination by the employee). Also, the reasons for resignation can be justified, regardless of the will of the employer or employee, but also if the company decides to fire the employee of its own free will.

In addition to all of the above, it should be pointed out that there are also situations that are not considered a justified reason for resigning.

Below is more detail on this topic, which concerns all the rights and obligations of the employer and the employee in connection with resignation.

When does an employer not have the right to fire an employee?

There are situations when a company with an employee does not have the right to terminate the employment relationship, for justified reasons. During the employment relationship, the employer has numerous obligations, and one of them refers to compliance with the regulations regarding dismissal.

The following is not considered a justified reason for resignation:

• temporary inability to work due to illness, accidents at work or occupational disease;
• use of maternity leave, leave from work for child care and leave from work for special child care;
• serving or completing military service;
• membership in a political organization, trade union, gender, language, nationality, social origin, religion, political or other belief or some other personal characteristic of the employee;
• acting as a representative of employees;
• addressing the employee to the trade union or authorities responsible for the protection of rights from the employment relationship.

Reasons for employment resignation in Serbia – when the company has the right to fire the employee

Termination of employment can occur for a number of reasons, in which case the employer has the right to fire the employee. In addition, termination can occur by agreement (agreement), then independently of the will of the employer or employee, but also if there are justified reasons.

We have written in detail about this topic of how to terminate an employment relationship. We will only list the reasons below.

When it comes to the will, that is, the decision to fire the employee, the final outcome is influenced by justified reasons. The employer has the right to dismiss the employee for the following reasons:

1. the employee’s ability to work or his behavior at work;
2. when the employee commits a violation of his work obligation through his own fault;
3. when work discipline is not respected;
4. when the employer’s need for an employee ceases.

1. The right to dismissal for reasons related to the employee’s ability or his behavior at work are

• failure to achieve work results or if the worker does not have the knowledge and ability to perform work;
• if the employee has been legally convicted of a criminal offense at work or in connection with work;
• if he does not return to work within 15 days from the end of the suspension of the employment relationship or from the end of the unpaid leave.

2. The employer has the right to fire the employee when the employee commits a violation of the work obligation through his own fault

• if he negligently or recklessly performs his work duties;
• if he abuses his position or exceeds his authority;
• if he uses labor resources inappropriately and irresponsibly;
• if he does not use or does not use the provided means or equipment for personal protection at work;
• if he commits another violation of his work obligation.

The employer has the right to terminate the employment contract even when the employee does not respect work discipline

• if he unjustifiably refuses to perform tasks or execute orders;
• if he does not submit a certificate of temporary incapacity for work;
• if he abuses the right to leave due to temporary inability to work;
• due to coming to work under the influence of alcohol or other intoxicants (refers to the use of alcohol or other intoxicants during working hours);
• if he provided incorrect information that was decisive for employment;
• if an employee who works at jobs with increased risk refuses to perform an analysis of the health capacity assessment;
• if he does not respect work discipline.

The employer’s right is also justified needs

• technological redundancy;
• if the employee refuses to conclude an annex to the employment contract (due to a change in the basis for determining basic salary, work performance, salary compensation, increased salary and other income).

Rights and obligations of employees upon termination of employment

Depending on the way of termination of the employment relationship, the rights and obligations that must be respected also differ. It is a legal obligation defined by law.

Rights and obligations when an employee resigns from the employer

• Every employee has the right to terminate the employment relationship on his own initiative.
• He is obliged to comply with the written form of that notice, as well as the notice period. He must write a notice of termination, and as for the notice period, it lasts between 15 and 30 days (at least 15 days).
• He has the right to a salary, that is, to have the company calculate and pay him his salary in the gross amount.
• When an employee resigns from his employer, he cannot exercise the right to the payment of unemployment compensation, which is paid by the National Employment Service.

Rights and obligations of the employee in case of mutual termination of the employment relationship

• The worker has the right to agree with the employer on the termination of the employment relationship.
• Termination by agreement must be in writing.
• It is the employee’s obligation that his declaration of will on dismissal be in the form of a written agreement.
• In case of mutual termination of employment, if registered with the National Employment Service, that person does not have the right to receive unemployment benefits from the NES.
• He has the right to receive salary for the period when he was employed.

The employee’s right when the employment relationship is terminated independently of his will

In addition to the calculation of the basic salary, the worker can exercise the right to financial compensation when he loses his job. Earnings are calculated up to the date when the employee was employed.

It is a compensation in case of unemployment by the NES, if the resignation occurs against the will of the employee. The right to monetary compensation is realized in the following cases:

• resignation by the employer, as technological redundancy;
• resignation if the employee does not achieve work results, that is, he does not have the necessary knowledge and skills to perform the tasks he is working on;
• upon expiry of the contract for which it was based (fixed-term contract),
• expiration of the duration of temporary and casual jobs, as well as the duration of probationary work.

Obligations of the employer in connection with resignation

• The employer is obliged and obligated to fire the employee only for legally justified reasons for giving notice.
• Before dismissing an employee, the employer is obliged to carry out the legal dismissal procedure. Must warn the employee in writing that there are reasons that may lead to dismissal. He is also obliged to give him a period of at least 8 days for the employee to give an explanation in writing.
• The grounds for termination, facts and evidence indicating that the conditions for termination have been met, as well as the deadline for responding to the warning must be stated in the notice of termination.
• The decision on the termination of the employment contract must be delivered to the employee in the prescribed manner – in writing. It must contain an explanation, an instruction on the legal remedy and be delivered personally to the employee (at the company’s premises or at the address of residence).
• If he fails to personally deliver the decision on resignation, he must write a written note, which is displayed on the employer’s notice board, and eight days from the date of publication it is considered to have been delivered.
• The employer has the obligation to calculate the employee’s salary, as well as to pay all unpaid wages, salary allowances and all other income that he received up to the date of termination of the employment relationship, no later than within 30 days.
• When it comes to unemployment compensation, the obligation to inform the worker in writing about the consequences that will have when exercising the right to unemployment – in the event of an agreed termination of the employment relationship. More precisely, he must inform him in writing that by mutual termination of the employment relationship he does not exercise the right to the payment of monetary compensation by the National Employment Service.
• When it comes to mutual dismissal, it is obligatory to have a signed agreement with the employee on the termination of the employment relationship.
• Compensation for unused annual leave when the employment relationship is terminated, an employee who did not use annual leave in whole or in part must be paid monetary compensation instead of using annual leave.

Legal consequences for illegal resignation or termination of employment

An employee who has been dismissed can protect his rights in two ways. He has the right to file a lawsuit against the employer for illegal termination of the employment contract. Then, he has the right to apply to the labor inspection. If the labor inspection determines that there is a violation of the employee’s rights, it can issue a Decision on postponing the execution of the decision on the termination of the employee’s employment contract.

In this way, legal proceedings are initiated to determine whether there was a legal relationship for the illegal termination of employment.

1. If a court decision determines that the resignation was illegal, the employee must return to work. In addition, he must be paid damages, as well as seniority, i.e. to calculate contributions for mandatory social insurance for the period during which he did not work.
2. If, during the court proceedings, it is determined that the employee’s employment has been terminated without a legal basis, and he does not request to return to work, the employer must calculate and pay him compensation in the amount of a maximum of 18 of his wages.
3. If it is established that the dismissal took place without a legal basis, and during that procedure the employer manages to prove that there are still circumstances that justifiably indicate that the continuation of the employment relationship is not possible, the court will reject the employee’s request to return to work. He will only receive compensation in the amount of twice the amount he can earn if he were to return to work.
4. In the event that during the procedure it is established that there was a reason to terminate the employment relationship, but that the employer acted contrary to the provisions of the law prescribing the procedure for the termination of the employment relationship, the employee’s request to return to work may be rejected. He will receive damages up to six times his earnings.

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