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Serbia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Serbia - 2017    

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Compensation for unfair dismissal - free determination by court: No

  • Art. 191 LL.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Damages in lieu of reinstatement:
- max. 18 months' salary when the employee does not wish to be reinstated or
- max. 36 months upon request or the employer or when case the existing circumstances suggest that the continuation of labor relations is not possible.

  • Art. 191, §§ 4-5 LL.

Reinstatement available: Yes

  • Art. 191 §§ 1-2 LL.
    Note that, when reinstatement is ordered, the employer shall also pay compensation for the lost salary and other emoluments which the employee is legally entitled to.

Competent court(s) / tribunal(s): ordinary courts

  • Art. 21 of the Law on Organization of Courts (2002): the municipal court has jurisdiction to hear termination of employment disputes at first instance.

Existing arbitration: Yes

  • Termination of employment disputes can be settled through arbitration: Art. 194 LL and art. 30 Act on Peaceful settlement of Labour Disputes.

Length of procedure: 6 month(s) (statutory)

  • Art. 195 LL.
    * The legal proceedings may be initiated 30 days after the decision has been served to the employee.
    * The dispute before the court shall be terminated 6 months after initiation of the proceedings at the latest.
    * In case of amicable settlement through arbitration, the decision shall be passed within 10 days :art. 194 LL.