The relationship between disciplinary and dismissal procedures in the labor law of the Republic of Serbia

Abstract

In the labor law of the Republic of Serbia, in the general employment regime, the institute of disciplinary liability is regulated within the institute of termination of employment, i.e., legal provisions on termination of employment contracts due to violation of work obligations and non-compliance with work discipline. However, the process of establishing employees' liability for severe breaches of work obligations and failure to adhere to work discipline during the employment contract termination notice period may not constitute an adequate solution. Firstly, this is due to the relevant regulations not addressing, even at a fundamental level, the specifics of the disciplinary procedure. Instead, they establish liability for work obligation breaches and failure to comply with work discipline within the termination procedure, where disciplinary actions are also determined and applied. Given that the mechanisms that limit the abuse of the employer's disciplinary powers are significantly weakened, the author points out the necessity of re-examining the concept of disciplinary liability and disciplinary procedure. Although disciplinary and dismissal procedures have certain similarities, they are two distinct labor law institutes with different objectives. By applying the normative and comparative legal methods, and analyzing the results obtained through empirical research and case law, the author will present the observed problems related to the current regulation of these institutes and propose potential solutions de lege ferenda.