Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Serbia - 2017
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- Labour Law [LL], dated 2005 as last amended in 2017 by Law No. 13/2017
Consolidated version available in Serbian
Date: 2017; view website »
- Act on Peaceful Settlement of Labour Disputes, 2004 as last amended with Law No 104/2009
Date: 2009 (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
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.
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.