Unjustified Absence from Work in Serbia: Legal Guide for Employers

Understanding the impact of unjustified absence from work in Serbia is essential for both employers and employees. This guide covers the legal grounds, termination procedures, and recent court rulings related to these cases.

Legal Grounds for Employment Termination

Unjustified absences and failure to submit a temporary incapacity certificate are common reasons for employment termination in Serbia.

Reasons for Termination Due to Unjustified Absence

Both employers and employees in Serbia must follow their rights and responsibilities as outlined by law, general acts, and employment contracts. Employees who fail to meet work discipline standards face disciplinary measures, including termination. Key legal provisions address two main scenarios:

• Failure to Submit a Certificate of Temporary Incapacity: Article 179, Paragraph 3, Item 2 of the Labor Law allows employers to terminate a contract if an employee does not submit this certificate within three days of an absence.
• Violation of Work Discipline: Under Article 179, Paragraph 3, Item 8 of the Labor Law, employees who disregard workplace rules may be terminated if they are unfit to continue working.

Absences are classified as unjustified if the employee knowingly acts in an unacceptable manner or displays gross negligence.

Legal Procedures for Termination

To terminate a contract due to unjustified absence, employers must follow strict legal procedures. This process includes issuing a written warning and allowing the employee at least eight days to respond. The employer then issues a written termination decision.

Determining the Termination Date

Deciding the exact termination date can be challenging. Should it be the date the employee was expected to return or the day they receive the termination notice? Court practices and official ministry opinions differ on this matter.

Ministry Opinions and Court Rulings

The Ministry of Labor suggests that, in cases of unjustified absence, employment ends on the day the employee was expected to return to work, not the day they receive the termination notice. This approach protects employers from paying additional contributions during the absence period.

Employer Obligations and Employee Rights

When terminating a contract due to unjustified absence, employers have several key responsibilities:

• Issuing a Warning and Allowing a Response: Employers must issue a written warning and provide at least eight days for the employee to respond.
• Accurate Documentation: Employers should document and deliver the termination decision according to legal standards.
• Paying Dues and Contributions: While employees are not paid for the absence period, employers must still cover mandatory contributions based on the minimum wage.
• Proper Employee Notification: Accurate notification is essential to avoid disputes and ensure legal compliance.

Conclusion

Handling unjustified absences from work in Serbia requires a solid understanding of legal grounds, adherence to procedural steps, and clear determination of the termination date. Employers must meet all legal standards to avoid disputes, and employees should be aware of their rights and responsibilities. Following these guidelines helps protect both parties and supports fair employment practices.