Written Warning Before Dismissal in Serbia: Procedure and Deadlines

Legal content reviewed: 4 November 2026.

A written warning before dismissal under Article 180 of the Serbian Labour Law gives an employee a real opportunity to answer allegations of breach of work duties or workplace discipline. It is not a resignation notice period, a dismissal decision or the performance-improvement notice under Article 180a.

When Is an Article 180 Warning Required?

The warning applies to dismissal grounds under Article 179 paragraphs 2 and 3. It should not be described as the first compulsory step in every employer-initiated termination.

• Misconduct or workplace discipline: use the Article 180 procedure where applicable.
• Poor results or insufficient knowledge and ability: Article 180a requires written identification of deficiencies, instructions and a reasonable improvement period. See documenting poor performance.
• Probation: Article 36 has a separate regime. See termination during probation.
• Redundancy: this is an operational ground with its own conditions, rather than a disciplinary allegation to be cured through an Article 180 warning.

A prior warning with a threat of dismissal imposed as the measure under Article 179a has a specific statutory rule for repetition of the same breach within six months. Check those conditions rather than assuming every older warning permits dismissal without a fresh procedure.

What Must the Warning Contain?

Article 180 requires the legal ground, facts and evidence indicating that dismissal conditions exist, and the deadline for responding. Identify the alleged conduct sufficiently precisely: what happened, when, where, the duty or rule involved and the employee’s alleged responsibility.

General statements such as “loss of trust”, “unprofessional behaviour” or “poor attitude” are not a substitute for concrete allegations. Check the employment contract, applicable general acts, communicated instructions and evidence. Distinguish an established fact from a disputed allegation.

The employee must be able to understand and answer the case. A later dismissal should not introduce materially different incidents on which the employee had no opportunity to respond. New allegations may require a new warning and response period.

At Least Eight Days to Respond

The employer must allow at least eight days from delivery of the warning for the employee’s response. The statute does not describe these as working days. Calculate the deadline carefully from the legally relevant delivery date, and check any more favourable applicable rule.

Do not confuse this response period with the eight days used for deemed delivery after lawful notice-board publication. They are separate stages. A warning dated or posted internally does not necessarily start the response period.

The employee may attach an opinion of the union of which they are a member. Article 181 requires the employer to consider the submitted opinion; union approval is not a universal condition for dismissal. Assess the response and evidence before deciding on the outcome.

Delivery: Evidence Matters

Article 180 refers to the delivery rules for dismissal decisions in Article 185. Personal delivery is required at the employer’s premises or the employee’s residence or temporary residence. If delivery cannot be made in the prescribed manner, document the failed attempt in writing before using the statutory notice-board route. Deemed delivery occurs after eight days of publication under that route.

Keep the actual warning, proof of attempts, the written note and proof of publication and removal. An email or messaging-app exchange should not simply be assumed to replace statutory delivery. Refusal to receive a document does not remove the need to complete and prove the applicable procedure.

In Rev2 9/2025, the Supreme Court examined a failed postal attempt followed by a written note but no actual notice-board publication. The employee’s defence rights were not satisfied. The practical lesson is to prove delivery of the warning, rather than merely prove that it was drafted or dispatched.

Dismissal Deadlines and the Final Decision

For grounds covered by Article 184 paragraph 1, dismissal must fall within six months of learning the relevant facts and within one year of their occurrence. Map both limits against the warning and response timetable. A fresh warning should not be treated as restarting these periods.

The warning does not itself end employment. A dismissal decision must be written, reasoned, issued by the competent or properly authorised person and contain information on legal remedies. The employer must establish the applicable substantive ground, complete the required procedure and check statutory protection, including pregnancy and specified leave, discrimination and retaliation rules.

Consequences of an Unlawful Dismissal

Article 191 distinguishes termination without a legal basis from a case in which a basis existed but the statutory procedure was breached. Reinstatement, lost earnings, contributions and compensation depend on the court’s findings and the claims made.

Where there was no legal basis and the employee does not seek reinstatement, the statutory compensation framework permits up to 18 salaries, subject to the prescribed factors. Where a basis existed but the procedure was unlawful, the law provides compensation up to six salaries without reinstatement. Separate rules apply if the employer proves that continuation is impossible. These are conditional remedies, not an automatic tariff for every defective warning.

Article 195 generally gives the employee 60 days from delivery of the decision or knowledge of the infringement to initiate a dispute. Monetary employment claims have a separate three-year limitation under Article 196. Do not confuse those periods.

Practical Review and Legal Support

Before issuing a warning, check the correct ground, specific allegations, evidence, applicable internal rules, authorised signatory, delivery plan, response deadline and Article 184 limits. Preserve the employee’s response and the assessment leading to the final outcome.

Petrović Mojsić & Partners assists employers and employees with dismissal documentation and disputes. See our employment law services and Litigation Desk.

Primary source: Labour Law, particularly Articles 179–181, 184–185, 187–189 and 191–196. Special employment regimes may impose additional rules.

Author: Damir Petrović, Attorney-at-Law