Many employees at some point find themselves in a situation where they want to change jobs, start a new professional path or simply leave their current employer. In such circumstances, the question arises: how to correctly submit a request for termination of the employment contract?
Although it seems simple at first glance, the procedure for terminating the employment relationship has certain rules prescribed by the Labor Law of the Republic of Serbia. An improperly submitted request can lead to misunderstandings with the employer and even potential legal problems.
In this text we explain:
What is a request to terminate an employment contract?
The request for termination of the employment contract is a written statement by the employee informing the employer that he wants to terminate the employment relationship.
In practice, the term “termination” is often used, but it is important to understand that there are two different ways of terminating the employment relationship at the initiative of the employee:
- Termination of the employment contract by the employee
- Consensual termination of the employment contract
In the first case, the employee terminates the contract unilaterally, while in the second case, the consent of both parties is required.
If you want a more detailed explanation of the institution of termination of the employment contract, you can also read our text:
https://dvorniclaw.rs/otkaz-ugovora-o-radu/
Text content
- What is the difference between dismissal and mutual termination
- How to correctly submit a request for termination of an employment contract
- What is the notice period and when does it start?
- A practical example of a request for termination of an employment contract
- When do employees most often submit a request for termination of the employment contract?
- The most common mistakes when submitting a request for termination of an employment contract
- Frequently Asked Questions (FAQ)
- Conclusion
1. The difference between dismissal and mutual termination of an employment contract
This is one of the most common employee dilemmas.
1. Termination of the employment contract by the employee
The employee has the right to cancel the employment contract at any time, without the obligation to explain the reasons to the employer.
However, in that case, he must comply with the notice period prescribed:
- by the Labor Law
- employment contract
- or by the employer’s general act, the Labor Regulations
In Serbia, the notice period is usually at least 15 days, but it can be longer if it is stipulated in the contract, but not more than 30 days.
2. Consensual termination of the employment contract
In case of mutual termination:
- the employer and the employee jointly decide on the termination of the employment relationship
- there is no mandatory notice period
- the date of termination of work is determined by agreement
This model is often used when both parties want to end the employment relationship quickly and without conflict.
2. How to correctly submit a request for termination of the employment contract?
Although the law does not prescribe a strict form, the request for termination of the employment contract must be in writing.
In the request, it is desirable to specify the following elements:
- name and surname of the employee
- name of the employer
- date of application submission
- a clear statement on the termination of the employment contract
- possibly the date of termination of the employment relationship
- signature of the employee
Best practice is to request:
- delivered in person with confirmation of receipt
- or sent by registered mail to the employer’s address
In this way, the employee has proof that the employer received the request.
3. The notice period – how long does it last and when does it start?
One of the key issues is the duration of the notice period.
According to the Labor Law, the notice period:
- it cannot be shorter than 15 days
- it cannot be longer than 30 days
The notice period starts from the day the notice is delivered to the employer.
During the notice period, the employee is obliged to:
- continue to perform his work duties
- submit documentation and work assignments
- enable orderly handover of work.
In practice, many employers and employees agree to end the employment relationship early, especially when there is an agreement.
4. A practical example of a request for termination of an employment contract
Below is a simple example that an employee can use as a basis.
Sample request
Employees:
Name and surname
Address
Employer:
Name of employer
Address
Date:
Subject: Termination of employment contract
Dear Sir,
I hereby inform you that I am resigning from the employment contract concluded on __.
In accordance with the Labor Law and the labor contract, the notice period is __ days and begins to run from the day this notice is delivered.
Please take all necessary actions to terminate my employment.
Sincerely,
Signature of the employee
5. When do employees most often submit a request for termination of the employment contract?
In practice, there are several most common reasons why employees decide to terminate their employment contract:
Job change
Employees often get a better job offer from another employer.
Dissatisfaction with working conditions
The reasons can be:
- amount of earnings
- working hours
- organization of work
- interpersonal relations.
Relocation or personal reasons
In some cases, employees leave their jobs because of:
- relocation
- family reasons
- starting your own business.
Regardless of the reason, the employee is not obliged to explain the dismissal, unlike the dismissal by the employer where there must be a legal basis and the legal procedure must be followed.
6. The most common mistakes when submitting a request for termination of an employment contract
In practice, certain errors often occur that can complicate the situation.
Verbal termination
Verbal termination has no legal effect. Cancellation must be in writing.
Failure to comply with the notice period
If the employee does not respect the notice period, the employer can demand compensation for damages.
Imprecise request
It is important that the request clearly contains:
- notice of termination
- the date
- the identity of the employee.
7. FAQ – Most frequently asked questions by employees
Does the employee have to give reasons for dismissal?
No. An employee can resign without giving a reason.
Can the employer refuse the dismissal?
It can’t. Termination of an employee is a unilateral declaration of the employee’s will.
Can an employee leave work immediately?
Only if the employer and the employee agree on the termination of the employment relationship without a notice period.
Does the employee have the right to unused annual leave?
Yes. The employer is obliged to:
- enable the use of rest
- or pay compensation for unused days.
8. Conclusion
Submitting a request for termination of the employment contract is the right of every employee. However, it is important that this procedure is carried out correctly in order to avoid unnecessary complications with the employer.
Key things to keep in mind are:
- the request must be in writing
- it is necessary to respect the notice period
- it is desirable to provide proof of receipt of the request.
In this way, the employee can calmly and professionally end the employment relationship and continue his career without legal obstacles.
For all additional information and legal support, the Dvornić law office is at your disposal.
Note: This blog is for informational purposes only and does not constitute legal advice. For specific questions and legal support, please contact the Dvornić law office.
