ИМА ЛИ МЕСТА РЕИНТЕГРАЦИЈИ КОД ОТКАЗА УГОВОРА О РАДУ ЗБОГ ИЗОСТАНКА РЕЗУЛТАТА РАДА ИЛИ НЕПОСЕДОВАЊА ЗНАЊА И СПОСОБНОСТИ ЗА ОБАВЉАЊЕ ПОСЛА?
IS THERE ROOM FOR REINSTATEMENT IN CASES OF DISMISSAL FOR FAILURE TO ACHIEVE WORK RESULTS OR FOR THE LACK OF KNOWLEDGE AND SKILLS REQUIRED TO PERFORM THE JOB?

Summary/Abstract: In practice, it is necessary to distinguish between dismissal for failure to achieve work results and dismissal for the lack of knowledge and skills required to perform a particular job, since these are two separate grounds for dismissal, while legal gaps and the lack of case law make it more difficult to effectively exercise the right to protection against unjustified dismissal. In that regard, the author begins with the premise that legal certainty and the objective determination of work norms contribute to preventing abuse of the right to dismiss; that introducing a statutory obligation to establish criteria and authority for assessing employees’ knowledge and skills contributes to greater legal certainty in the field of protection against unjustified dismissal; and that a more complex dismissal procedure may play a significant role in preventing labor disputes. The article also concludes that the current statutory solutions are rightly subject to significant criticism, because they cannot be identical for all grounds for dismissal, and that reinstatement, as a legal consequence of unlawful dismissal, has no practical significance in the case of this ground for dismissal.

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