Strani pravni život (Jan 2018)
Award of compensation as a consequence of an unlawfull dismissal in Labour Law of the Republic of Serbia and the United Kingdom
Abstract
The subject of this paper is damages as a result of the unlawful termination of the employment. Labour Law of the Republic of Serbia does not define damages in case of unlawful termination of the employment in the event the employee does not return to work, as the compensation. This is why the question of the legal nature of damages in the theory and case law of the Republic of Serbia is raised. Amended Labour Law of 2014 is ambiguous when it comes to whether the employee who does not return to work is entitled to damages for lost earnings and social security contributions belonging to the employee who does return to work, also as a consequence of the unlawful termination of the employment. To be more specific, the law itself does not prescribe cumulatively damages for the event when employee does not return to work, as it is defined by the legislation of the United Kingdom as the compensation institute. By comparing Labour law of Republic of Serbia with legislation of the United Kingdom, we come to the conclusion that damages in our law in the event the employee does not return to work should be defined as compensation, thus allowing more efficient protection of employees which is one of the main goals of labour law.
