Notice period in Serbia: When are you entitled to it, and when can you lose your job overnight?
Losing your job or deciding to change your workplace brings big changes, and one of the key legal issues that arise is the notice period. Many employees believe that the notice period is always a fixed 15 days and that they are entitled to it regardless of the circumstances. However, the Labor Law of the Republic of Serbia makes a clear distinction and prescribes different duration of terms depending on the reason for termination of the employment relationship
As a law office that deals with the protection of employees' rights, in this text we bring you a precise guide through all legal deadlines and situations when the employment relationship ends immediately, and when the law strictly requires serving the notice period.
1. When the employee resigns (Resignation by the employee)
If you have found a better job or want to leave your current company for any other reason, you are obliged to submit your resignation to the employer in writing.
- Length of term in case of regular cancellation: The law stipulates that the notice period initiated by the employee it cannot be shorter than 15 days, nor longer than 30 days. The exact length is always determined by the employment contract or company regulations.
- Exception during trial run: If you quit while you are still on probation, this phase brings a shorter deadline it cannot be shorter than 5 working days.
- What if you miss the deadline? If you voluntarily stop coming to work without completing the deadline, the employer cannot physically force you to work, but he has the right to sue you for compensation for damages if he proves that he suffered a direct financial loss due to your sudden departure.
2. When the employer gives notice, and the employee HAS the right to a notice period
The Labor Law protects employees in situations where they are fired without their direct fault or violation of labor discipline. You have an absolute right to a notice period in the following cases:
- Dismissal due to insufficient work performance: If the employer determines that you do not have the necessary knowledge and abilities or that you do not achieve the expected results, he can cancel your contract. However, in this case the notice period it cannot be shorter than 8 days, nor longer than 30 days. Before the dismissal itself, the employer is obliged to give you a written deadline of at least 30 days to correct your work.
- Technological surplus: If, due to economic, technological or organizational changes in the company, the need for your position ceases, you will be dismissed. In addition to the legally guaranteed severance pay which must be paid to you before the termination of the employment relationship, the employee has the right to a notice period if it is defined by a collective agreement or an employment contract.
3. When the employee does NOT have the right to a notice period (Immediate notice)
These are situations in which the employment relationship ends "overnight". The employer has the legal right to give you notice without a notice period if the termination of employment was due to your fault or violation of the rules.
- Serious violation of work obligations: If the employee commits a serious injury through his own fault, such as unjustified absence from work for several days in a row, coming to work under the influence of alcohol or drugs, or divulging business secrets.
- Failure to respect work discipline: If the employee's behavior is such that the work cannot be continued, which includes violent behavior at work, insulting colleagues and clients, or directly disobeying the orders of superiors.
- Criminal offense committed: If an employee commits a criminal offense at work or in connection with work, the employer can immediately cancel his employment contract.
- Expiry of fixed-term contract: If you are hired for a certain period of time (for example, a 6-month contract), the contract ends at the end of that period. There is no notice period because the termination date was known in advance.
The most common misconception: Notice period and vacation
A very common question asked by employees is: "Can I use the remaining annual leave during the notice period?"
The answer is YES. The law allows the remaining annual leave to be used during the notice period, but it depends on the employer's plan because the employer makes a decision on the use of leave. If you do not use the vacation, the employer is obliged to pay you monetary compensation for the unused annual vacation upon termination of the employment relationship.
Lawyer’s advice
If your employer verbally informs you that you have been fired and that you are not coming to work tomorrow, and you have not committed any violation of your work obligations, this is an illegal procedure. Every cancellation must be in writing, with a clear explanation and instruction on the legal remedy.
If you suspect that your right to notice period has been denied or that you have been illegally dismissed, it is crucial that you act quickly. The deadline for filing a lawsuit in labor disputes before the competent court is strictly limited to 60 days from the date of delivery of the decision on dismissal.
