СМЕТЊЕ ЗА ЗАСНИВАЊЕ РАДНОГ ОДНОСА
IMPEDIMENTS TO ESTABLISHING AN EMPLOYMENT RELATIONSHIP

Summary/Abstract: The paper systematically examines the issue of impediments to establishing an employment relationship, as circumstances that lead a person to a state of legal impossibility to establish an employment relationship, even though that person fulfills all general and special conditions for working in a certain workplace. The author analyzed the positive legal regulation of this labour law institute, taking into account that it is a ratio personae and ratio materiae restriction of the right to work and freedom of work, due to the fact that persons with certain personal characteristics cannot work in certain jobs, given the nature of those jobs. The legal consequences of impediments to establishing an employment relationship are presented in the appropriate parts of the work. Also, the subject of analysis are the basic types of impediments to establishing an employment relationship that can occur on the side of the employee and on the side of the employer, to the extent that it is necessary and possible considering the limited scope and space for writing this paper, so that this labour law problem was seen as comprehensively as possible.

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