LEGAL NATURE OF DAMAGES DUE TO ILLEGAL TERMINATION OF EMPLOYMENT CONTRACT - RELATIONSHIP BETWEEN COMPENSATION AND RESTITUTIONAL DAMAGES

  • Jovana Misailović
Keywords: consequences of an unfair dismissal of an employment contract, compensatory damages, restitutionary damages

Abstract

The Law on the Amendments of the Labour Law adopted in 2014. regulates the award of damages for unfair dismissal and thereby furthers the harmonisation between national and international labour law. Article 191. of the Labour Law regulates not only the award of damages in cases when the reintegration of the employee is impossible, but also in cases when the employee does not request to be returned to his workplace. This paper will focus on the relations between these two types of damages by critically analyzing new legal solutions and by offering arguments in favour of the accumulation of the damages, as well as arguments against it.

Published
21.04.2021
Issue
Vol. 2 (2018): EUDAIMONIA
Section
Articles