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Serbia - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Serbia - 2017    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 180 LL.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 179 refers to "a just cause relating to his/her working ability, behavior and employer's need" and provides an exhaustive list of 9 instances when termination of employment by the employer is authorized.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; financial status; performing military or civil service; language; parental leave; state of health
Remarks:
  • Art. 18 LL: general provision on non discrimination.
    Art. 183 LL: list of prohibited grounds for dismissal.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • * Workers' representatives: art. 188 LL: no dismissal during the term of office.
    * No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.