LABOUR DISPUTE Cover Image

О РАДНОМ СПОРУ
LABOUR DISPUTE

Author(s): Borivoje Šunderić
Subject(s): Labour and Social Security Law
Published by: Правни факултет Универзитета у Београду
Keywords: Labour relationship; Parties to the dispute; Conflicting interests; Labour dispute

Summary/Abstract: Labour dispute is characteristic of labour relations. It takes place between the parties of the labour relationship in connection with a violation of right (duty) our of labour relationship, namely of an interest directly based on a right. Labour dispute is predominantly reviewed through the substantive law angle, while the organisational - formal side is discussed up to a degree necessary for the subject treated. After elaborating essential elements of the notion of labour dispute, theoretical, legislative and judicial distinctions of the labour disputes are treated, including the relevant criteria for such distinctions. Most conspicuous is the division of labour disputes into individual and collective ones, the relevant criterion being the parties and the subject of dispute. Some authors consider that the most general division is the one which reduces labour disputes to legal and interest ones (economic disputes, those on regulation, and the disputes of power). However, although accepting such distinctions, the author emphasizes that they are more characteristic for collective labour disputes. There also exists a distinction unit pointing at the nature and specificity of labour disputes as being decisive in influencing the jurisdiction of agencies and the procedure for settling these disputes.

  • Issue Year: 39/1991
  • Issue No: 1-3
  • Page Range: 352-360
  • Page Count: 9
  • Language: Serbian