Commencement of criminal procedure and its influence on employment contract

Rajić, Jovana (2015) Commencement of criminal procedure and its influence on employment contract. Strani pravni život, 59 (4). pp. 249-258. ISSN 0039-2138

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Abstract

Commencement of a prosecution might cause some consequences for an employee regarding the employment contract, which raises several issues. First of all, if there is a reasonable doubt that one has committed a crime at work place or work-related crime, without being sentenced, an employer has no legal right to rescind the employment contract. That is the newest provision of novel of Labour Law. Before that, there were disagreements about whether the fact that criminal charges were submitted and the prosecution started were enough to rescind the employment contract. In the light of changes, there are serious doubts that the previous provision has jeopardized the presumption of innocence. On the other hand, ordered custody or any other violation of duty is followed by removal from work up to three months. The Labour Law also prescribes special removal for those defendants who are prosecuted for the crimes committed at work or workrelated crimes until the ending of the case. Having in mind that the average duration of prosecution in Serbia takes up to several years, it is possible for an employee to suffer damages even though he/she has not been sentenced yet. The Labour Law also does not specify if an employee has the right to wage compensation in this particular case, which can jeopardize not only the employee, but also of his family.

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