What to do if you receive an unlawful dismissal: step by step
Step by step how to react, what the deadlines are and what you can claim from the employer and the court.
First, do not panic and do not sign anything
When you receive a dismissal decision, the employer often offers a "termination agreement". Never sign such an agreement before consulting a lawyer. Signing waives almost all rights to sue.
Deadline: 60 days
Under the Serbian Labour Act, you have 60 days from delivery of the decision to file a lawsuit. After that, the suit is dismissed as untimely.
Evidence you need
- Original dismissal decision
- Employment contract
- All emails and correspondence with the employer
- Payslips for the last 12 months
- Witness statements (colleagues)
- Any prior warnings
What you can claim
If the court rules unlawful, you are entitled to:
- Reinstatement with back pay
- Or monetary compensation in lieu (usually 18 monthly salaries)
- Non-material damages
- Pension contributions
How the Union helps
Free legal aid for all members. A lawyer reviews documentation, prepares the lawsuit and represents you in court. Joining is free.
Call 064 9930 801 immediately. Every lost day reduces your chances.
Frequently asked questions
Seek legal help immediately: the deadline for filing a labour dispute is 60 days from delivery of the dismissal decision. Keep all documentation and do not sign any termination agreement before consulting a lawyer. Call 064 9930 801.
60 days from delivery of the dismissal decision. After that the lawsuit is dismissed as untimely. Acting immediately is critical.
Yes. Under the Labour Act, if the court finds the dismissal unlawful you can request reinstatement with lost-wage compensation, or monetary compensation in lieu (usually around 18 monthly salaries).