How much a labor dispute costs
Court fees, the attorney tariff, and other costs of a claim against an employer.
What goes into the total cost
The total cost of a labor dispute consists of several separate items, not all of which arise in every case. The court fee is an item that, in disputes concerning termination of employment, as a rule does not burden the employee as claimant, since the law provides for an exemption for non-monetary claims in this category of dispute (the fee is paid on the monetary part of a claim) - this is one of the few areas of civil law where access to court for the weaker party (the employee) is relieved of this cost in advance.
The attorney's fee is usually the largest single item and depends on whether it is agreed as a flat fee for the whole proceeding or calculated under the Tariff on Attorneys' Fees and Expense Reimbursement, which distinguishes quantifiable claims (e.g., damages, unpaid salary - the fee depends on the value of the dispute) from non-quantifiable ones (e.g., annulment of a dismissal - a fixed fee regardless of value). The point value under this tariff is 50 dinars. If the employee succeeds in the dispute, the court, as a rule, orders the employer to reimburse the proceeding costs, calculated under the tariff - this doesn't necessarily mean the reimbursed amount will fully cover the price actually agreed with the lawyer, especially if the agreed flat fee is higher than the tariff minimum.
Additional costs (expert examination, postal costs) depend on the specific case - for example, a dispute over a workplace injury often requires a medical expert examination, while a dispute over unpaid salary may require a financial expert calculation. Finally, if the employer doesn't voluntarily comply with the judgment, the cost of enforcement proceedings follows.
Example calculation
In the example given above, the key takeaway is that in a labor dispute the employee pays no court fee for the claim to annul the dismissal and for reinstatement itself (the fee is paid on the monetary part of the claim), but the attorney's fee and, where needed, expert examination remain real costs that should be assessed in advance - whether through a consultation about the approximate cost of representation, or by checking whether the conditions for free legal aid are met. If the dispute is won, the court, as a rule, orders the employer to reimburse the proceeding costs, which partially or fully relieves the employee of the costs actually paid, depending on how the fee was agreed with the lawyer.
Sources
- Law on Court Fees (Zakon o sudskim taksama, Official Gazette RS Nos. 28/94 ... 91/2025), Tariff No. 1 (para. 1 and note 8) and Tariff No. 2 (note 12)
- Tariff on Attorneys' Fees and Costs, tabular overview applied from 5 July 2025 (civil procedure, assessable and non-assessable matters)
- Law on Free Legal Aid (Zakon o besplatnoj pravnoj pomoći, Official Gazette RS No. 87/2018), Arts. 4 and 27
What it costs
| Item | Amount | Basis |
|---|---|---|
| Court fee on the claim | The employee or former employee pays no fee for non-monetary claims (annulment of dismissal, reinstatement); for the monetary part of the claim (e.g. lost earnings, damages) the fee is paid according to the value of that part | The Law on Court Fees (Zakon o sudskim taksama), Tariff No. 1 note 8 and Tariff No. 2 note 12 |
| Attorney's fee for representation | A matter of agreement between the client and the lawyer (a flat fee or by tariff); the Tariff on Attorneys' Fees and Expense Reimbursement serves as the basis for awarding costs from the opposing party in the event of success in the dispute, using a point value of 50 dinars | The Tariff on Attorneys' Fees and Expense Reimbursement ('Sl. glasnik RS', no. 43/2023 and 56/2025), tariff item: 13 (quantifiable claims) and tariff item: 14 (non-quantifiable labor disputes) |
| Expert-examination costs | Depends on the type of examination (e.g., a financial expert calculation of salary, a medical expert examination for a workplace injury) | Advanced by the party proposing the evidence; ultimately borne by the party that loses the dispute, in proportion to the outcome, under the general rules of the Civil Procedure Law on proceeding costs |
| Other proceeding costs | Postal and administrative costs, transport to hearings, and similar - generally smaller amounts | The general rules of the Civil Procedure Law on reimbursement of proceeding costs |
| Cost of enforcement proceedings (if the employer doesn't voluntarily comply with the judgment) | An additional court fee and attorney's fee for the enforcement motion, if the judgment is not voluntarily complied with | The Law on Enforcement and Security (Zakon o izvršenju i obezbeđenju); the Law on Court Fees |
Worked example
An employee was served a dismissal decision. Their average net salary was 90,000 dinars a month. They engage a lawyer and, within 60 days, file a claim with the competent basic court seeking annulment of the dismissal, reinstatement, and damages for lost earnings for the duration of the dispute. No fee is payable for the claim to annul the dismissal and for reinstatement, but for the monetary part, damages for lost earnings, the fee is paid according to the value of that part. If proceedings take, illustratively, 8 months to reach a first-instance judgment, the lost earnings for that period (8 x 90,000 = 720,000 dinars) represent the quantifiable part of the claim that serves as the basis for calculating that part of the attorney's fee under the Tariff (tariff item: 13), while the claim for annulment of the dismissal and reinstatement is non-quantifiable in nature and is calculated under a separate tariff item for labor disputes. For a value of 720,000 dinars the court fee on the claim is 39,200 dinars (32,000 dinars plus 1% of the value), and the fee for the judgment is the same. Under the tariff applied from 5 July 2025, for the assessable part in the bracket from 50,000 to 850,000 dinars the fee is 15,000 dinars per submission and 20,000 dinars per hearing, and for the non-assessable claim in a labor dispute (dismissal) 27,500 dinars per submission and 32,500 dinars per hearing, and the total cost of representation depends on how many hearings the proceedings require. The actual price a lawyer charges a client is often agreed as a flat fee for the whole proceeding, rather than strictly by tariff; if the employee succeeds in the dispute, the court, as a rule, orders the employer to reimburse the proceeding costs calculated under the tariff, regardless of how much the employee actually paid their own lawyer.
FAQ
Does an employee pay a court fee when suing an employer?
In employment disputes the employee or former employee pays the fee only if the claim concerns a monetary claim (Law on Court Fees, Tariff No. 1 note 8 and Tariff No. 2 note 12). No fee is paid for annulment of a dismissal and reinstatement, while for the monetary part of the claim (e.g., lost earnings, damages for a workplace injury or unpaid salary) the fee is paid according to the value of that part. The same applies to a claim against an employer in bankruptcy or liquidation.
Who bears the costs if I lose the dispute?
Under the general rule of civil procedure, the party that loses the dispute bears the proceeding costs of the opposing party, including the attorney's fee calculated under the Tariff. This is a reason to realistically assess the prospects of success before filing a claim, since an unsuccessful dispute can result in an obligation to pay both your own and the opposing party's costs.
Does the cost of a lawyer depend on the value of the dispute?
Partly. The Tariff on Attorneys' Fees and Expense Reimbursement provides that the fee for quantifiable claims (e.g., damages or unpaid salary) is calculated based on the value of the dispute, while non-quantifiable claims (e.g., annulment of a dismissal) are calculated under a separate tariff item regardless of value. The actual price a lawyer charges a client, beyond this statutory minimum for awarding costs, is a matter of individual agreement.
Is there free legal aid available for labor disputes?
The Law on Free Legal Aid (Zakon o besplatnoj pravnoj pomoći) provides free legal aid for persons who qualify for financial social assistance or child allowance, and for persons who would qualify if they paid for legal help in the specific matter themselves (Art. 4). The request is filed with the municipal or city administration for the place of residence (Art. 27), and aid is provided by lawyers and by the legal aid services of local governments.