РАДНОПРАВНЕ ПОСЛЕДИЦЕ КРИВИЧНОГ ДЕЛА НА РАДУ (ОПРАВДАНОСТ ОТКАЗА)
LABOUR AND EMPLOYMENT LAW IMPLICATIONS OF A CRIMINAL OFFENCE AT WORK: JUSTIFICATION FOR DISMISSAL

Summary/Abstract: Legal provisions on the termination of employment are intended to ensure a stable and strong position of employees, and to provide stability in labour relations in order to enable workers to freely exercise their right to work. On the other hand, the protection of employment must not undermine a legitimate interest of employers based on the “inviolability” of private property. The changes and amendments envisaged in the 2014 Labour Act brought about a change of direction in the Serbian labour legislation which is embodied in the tendencies that destabilize the position of employees and provide greater “ freedom” to the employer in respect of termination of an employment contract. In this paper, the author analyzes the consequences of a criminal offense committed at work, by presenting both pro and contra arguments on this issue. Specifically, pursuant to Article 179 Labour Act, an employer may terminate the employment contract of employees who do not respect the work discipline if their behavior represents an act of committing a criminal offense at work and/or related to work, regardless of whether an employee is prosecuted for a criminal offense (Article 179, paragraph 3, item 5 LA). The author argues that such a provision is incompatible with the principles of legality, the rule of law, legal certainty and other values associated with human rights, which are embodied in the principle of the “presumption of innocence”.

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