Unlawful dismissal from employment: deadlines and employee rights

When a dismissal is unlawful

An employer may dismiss an employee only on the grounds and in the procedure prescribed by the Serbian Labour Law. A dismissal can be challenged if there is no valid reason, if you were not given the opportunity to respond where the law requires it, if the decision was not properly reasoned or served, or if the dismissal was based on prohibited grounds, such as pregnancy or discrimination.

The 60-day deadline

A dismissal decision is challenged by a lawsuit filed within 60 days of the day the decision was served. This deadline is preclusive: once it expires, the right to judicial protection is lost. It is therefore important to note immediately the date on which you received the decision.

What you can obtain

If the court finds the dismissal unlawful, the employee may seek reinstatement and compensation equal to the lost earnings, together with social security contributions. Instead of reinstatement, special compensation may be awarded in certain cases.

What to check immediately

Read the decision: which ground is stated, who signed it and when you received it. Keep your employment contract, payslips, correspondence and the names of colleagues who can testify.

Workplace harassment and unpaid wages

If the dismissal was preceded by harassment at work or the employer owes you wages, these claims can also be protected, but deadlines run for them too. It is best to check everything at once.

This guide provides general information on Serbian law and is not legal advice for a specific case.