Judicial practice continues to refine the boundaries of lawful termination based on failure to achieve work results. In his latest legal insight, Miloš Andrejević, Partner at D2P, analyzes the standards currently applied by courts in such cases.
Following the judgment of the Supreme Court of Serbia (Rev2 3792/2022, 20 March 2025), the author examines the criteria established by the Court when applying Article 179 paragraph 1 item 1 of the Labour Law, with particular focus on objectively achievable targets, the content of written warnings, and the obligation to consistently apply internal acts.
The insight highlights that formal procedural compliance alone is insufficient without substantive justification for termination, including proof of the employee’s fault.
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