Termination of the employment contract by the employee is a legal right of every employee in Serbia, but it requires precise compliance with the procedures prescribed by the Labor Law. In our many years of legal practice in the field of labor law, mistakes by employees are most often related to non-compliance with the notice period, lack of written form or unclearly formulated requests. Proper procedure not only protects your rights, but also prevents possible disputes with the employer and ensures the legal termination of the employment relationship.
What does the termination of the employment contract by the employee mean?
Termination of the employment contract by the employee is a unilateral declaration of will by which the employee informs the employer of the intention to terminate the employment relationship. This declaration produces legal effect immediately upon receipt and cannot be revoked without the consent of both parties.
Unlike the dismissal given by the employer, the employee is not obliged to state the reason for the dismissal. It is enough for him to clearly express his will while respecting the legal deadlines.
Deadline for termination of the employment contract by the employee
According to the Labor Law, the employee is obliged to submit a written notice of termination of the employment contract to the employer at least 15 days before the day of termination of the employment relationship. This period is called the notice period.
A collective agreement or an employment contract may establish a longer term for termination of the employment contract by the employee, but not longer than 30 days.
During the notice period, the employee is obliged to continue performing work tasks. Neglecting these obligations may lead to an obligation to compensate damages if the employer proves concrete material damage.
If you want to know more about the basic rules of the employment relationship, we recommend our guide on the employment contract.
How to submit a request for termination of the employment contract?
If you are wondering how to make a request for unilateral dismissal, making a request requires compliance with certain formalities. Written form is mandatory, as verbal notification has no legal effect.
Essential elements:
- A clear declaration of intention to resign
- Date of submission
- Date of termination of employment (subject to notice period)
- Personal data and signature
You can deliver the cancellation in person with a receipt or by registered mail. It is important to have proof of delivery and date of receipt.
Termination of the employment contract by the employee – example and model
To help you understand how the termination of the employment contract by the employee looks like, we present you a model that you can use as an example:
CANCELLATION OF EMPLOYMENT CONTRACT From: [Your name and surname]
Address: [Your address]
Date: [Date of submission] To: [Name of employer / Company]
Address: [Employer’s address] Dear Sir/Madam, I am hereby submitting my resignation from the employment contract concluded on [date of conclusion of the contract] for a [specified/indefinite] time. In accordance with Article 182 of the Labor Law, I request that my employment with [employer’s name] be terminated on [date of termination – must be at least 15 days from today]. termination of the employment relationship, provide all the necessary documentation as well as the payment of all income that is due to me by law within the legal term. Sincerely, [Your signature]
[Your first and last name]
This termination of employment contract model by an employee contains all the essential elements and can be adapted to your specific situation.
Termination of the employment contract by the employee – form and form
The law does not prescribe a strict form necessary for the termination of the employment contract by the employee. However, the document must be clear, precise and signed. You can use the standard form for the termination of the employment contract by the employee that the employer has or draw up a statement independently.
The form must be written, signed with your own hand, dated and with a clear date of termination of the employment relationship. Do not use vague wording. The statement must be categorical.
Termination of an employment contract by an employee in Serbia
In Serbia, the legal framework is regulated by the Labor Law of the Republic of Serbia. Termination of an employment contract by an employee in Serbia gives the employee the right to cancel the contract at any time without the obligation to give reasons. This freedom comes with obligations: respecting the notice period (15-30 days), in writing and continuing to work during the notice period.
Failure to comply with these rules can lead to liability for damage, but only if the employer proves specific material damage.
If you need legal assistance in the termination process, our team specializing in labor law is ready to provide you with comprehensive support. Contact us for a free initial consultation.
Termination by the employee and consequences
When an employee resigns, the employment relationship ends on the specified date with respect to the notice period.
Financial obligations of the employer: The employer is obliged to pay all unpaid wages, compensation for unused annual leave, holiday pay (if prescribed) and other benefits within 30 days.
Important: An employee who resigns is NOT entitled to unemployment benefits from the National Employment Service.
Decision on dismissal by the employer example
It is important to note the difference in relation to the example of the dismissal decision by the employer. When the employer resigns, he must issue a decision with an explanation, introduction and sentence, as well as instruction on the right to appeal.
However, when an employee resigns, no explanation is required, i.e. only a written statement with a clear intention to terminate the employment relationship is sufficient.
When are you entitled to severance pay?
Severance pay is a financial benefit that the employer pays to the employee in certain situations of termination of the employment relationship. In Serbia, according to the Labor Law, the employer is obliged to pay severance pay in only two cases:
1. Retirement
When an employee meets the requirements for old-age pension and retires, the employer is obliged to pay him severance pay in the amount of at least two average salaries in the Republic of Serbia according to the latest published data of the Republic Institute of Statistics.
2. Technological surplus
When, due to technological, economic or organizational changes, the need to perform a certain job ceases or there is a reduction in the scope of work, the employer is obliged to pay the employee severance pay BEFORE giving notice.
The amount of severance pay for technological redundancy is determined by a general act or employment contract, for each completed year of employment with the employer who pays it, it cannot be lower than the sum of a third of the employee’s salary.
To determine the amount of severance pay, the time spent in the employment relationship with the predecessor employer is also counted in case of status change and change of employer in the sense of Article 147 of this law, as well as with persons related to the employer in accordance with the law.
When are you not entitled to severance pay?
| You are entitled to severance pay | You are not entitled to severance pay |
| Retirement (minimum of 2 average RS earnings) | Termination of the employment contract by the employee (own initiative) |
| Technological surplus (minimum 1/3 salary × years of work) | Consensual termination of employment (unless agreed upon) |
| Dismissal due to breach of duty | |
| Dismissal due to non-compliance with work discipline | |
| Upon expiration of the probationary period | |
| Dismissal due to lack of results or lack of knowledge | |
| Termination at the end of the fixed-term contract |
Important: If you terminate your employment contract yourself, you are not legally entitled to severance pay, regardless of the reason for leaving or length of service. Only if the general act or employment contract stipulates otherwise (which is rare in practice), you can expect some kind of severance pay.
If you have any questions about your rights on termination of employment, our legal team is here to help. Schedule a consultation and get clear answers to all your questions.
How is the amount of redundancy pay calculated?
Calculation formula:
Severance pay = (Average gross salary from the last 3 months / 3) × Number of full years of work
The average salary means:
- Gross earnings (with taxes and contributions)
- Earnings for the last three months preceding the month in which the severance pay is paid
- Includes all income: basic salary, bonuses, awards, vacation, hot meal
A practical example:
The employee works for the employer for 4 full years. In the last three months before his dismissal, he earned an average gross salary of 132,000 dinars per month.
Calculation:
- Average salary = 132,000 dinars
- One third of the salary = 132,000 / 3 = 44,000 dinars
- For 4 years of work = 44,000 × 4 = 176,000 dinars (minimum severance pay)
Important notes:
- Only full years of work are counted (eg 3 years and 11 months = only 3 years)
- The employer can provide a higher severance pay by general act
- The severance pay must be paid before the termination, otherwise the termination is considered illegal
- The right to severance pay cannot be waived, that is, it is a constitutionally guaranteed right
Protect your labor rights with professional help
The decision to terminate an employment contract is never easy, and following the law correctly is key to protecting your rights. Understanding the notice period, the procedure, the employer’s financial obligations and your own rights helps you make an informed and legal move in your career.
Whether you plan to resign, have questions about the procedure or suspect that your employer is violating your rights during or after you resign, the Đurić joint law office is ready to provide you with professional support. Our team of lawyers specializing in labor law has extensive experience in representing both employees and employers in all aspects of labor law.
Don’t let legal uncertainty affect your business future.
Contact us today and provide yourself with legal security and peace of mind during a period of professional change. We provide clear, understandable advice and effective protection of your rights.
Frequently asked questions
Do I have to give a reason when I quit my job?
The employee is not obliged to state the reason for the termination of the employment contract. It is enough for him to clearly express his will to end his employment, while respecting the legal deadlines.
What is the minimum notice period?
The minimum term for termination of the employment contract by the employee is 15 days. An employment contract or a general act of the employer may stipulate a longer term, but not longer than 30 days.
What happens if I do not meet the notice period?
If you stop coming to work before the end of the notice period, the employer can claim damages. However, he is obliged to prove that he has suffered concrete material damage as a result of your action.
Am I entitled to severance pay when I quit my job?
An employee who quits on his own has no legal right to severance pay. Severance pay is due only in case of retirement or technological redundancy.
Can I withdraw my notice after submitting it?
Termination of the employment contract takes legal effect as soon as it is delivered to the employer. Revocation of dismissal is possible only with the consent of the employer. Unilateral cancellation without consent is not possible.
Am I entitled to cash compensation from the National Employment Service?
An employee who quits on his own is not entitled to unemployment benefits. This right belongs only to employees who have been dismissed by the employer for justified reasons or who have been declared redundant.
What if the employer refuses to accept my resignation?
The employer cannot refuse to accept the resignation. If he refuses personal delivery, you can send the cancellation by registered mail with return receipt. Legal effect occurs on the day of acceptance, regardless of the employer’s position.
