| Abstract: | The employer's liability for damage, caused to the employee or public servant is a well established institute in our national system. The basis for the national regulation is represented in the international legal sources and legal sources of the EU.
The assessment of the employer's liability for damage, caused to the employee or to the public servant, in our legal system, is held within the rules of non-contractual damage responsibility, starting from the position that its foundation lies in public law protection of the employee and not in the will of the contracting parties.
The principles of labor law for the assessment of the employer's liability for damage, caused to the employee, are only used when damage is caused at work or in connection with work. The employer's liability also refers to the damage, caused by the breach of employment rights. The assessment of the liability for damage is, in the rest, held within the general rules of civil law. The employer's liability may be either culpable, whereby the employer is liable for any form of guilt, or objective, whereby the employer is liable under the principle of causality, regardless of fault. The law explicitly allows the possibility of flat-rate compensation. Since the enactment of the new act, governing the employment relationships, ZDR-1, the law specifically regulates the employer's liability for damage, caused to the candidate or employee by breaching the prohibition of discrimination or mobbing. In such cases, the interference in the personality right because of discrimination or mobbing is itself considered as immaterial damage. In the assessment of damage, the court must take into account that the compensation is effective and proportionate to the damage loss.
The act, governing the public servants, Zakon o javnih uslužbencih, generally regulates the employer's liability for damages in a similar manner as ZDR-1. The rules are held within the special provisions, relating to public servants in state bodies and local community administrations.
In my diploma, I specifically represent damages for accidents at work and occupational diseases, mobbing damages, damages for breach of the prohibition of discrimination, damages at least equal to the lost of payment for the period of notice and damages for unlawful cancellation of the employment contract.
Our national employment legislation also regulates the rights of employees to receive monetary reimbursements. It is a unique institute, which has to be separated from damages,as they have been addressed in the past. Three types of monetary reimbursements, the monetary reimbursement to which an employee is entitled in the event of termination of the employment contract on the basis of the judgment of the court, the monetary compensation for unused days of leave and the monetary reimbursement as a compensation for the period of notice are represented in details. |
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