КОЛЕКТИВНИ УГОВОРИ О РАДУ
COLLECTIVE LABOUR CONTRACTS

Summary/Abstract: This article was written at a time when collective labour contracts became more frequently entered into in our country, as the result of strikes and activités of the trade unions of the organised workers, and it stesises that it is about a new significant manifestation of life which cannot be incorporated into the framework of any traditional legal system. It does not discuss the cotract in the classical sense of the term, but as an „agreement between a professional workers’ organisation, or a group of workers, and an organisation of employers, or one employer, concerning the conditions under which it would in future be possible to enter into individual labour contracts between individual workers and individual employers”. Teherefore, this contract does not refer to any concrete employment, it consists of abstract regulations, it only determines the framework of relations between workers and employers. On the other hand, these contracts, although very close to laws and decrees owing to their abstractness and generality, differ from the former by their flexibility. That is, they are created in particular circumstances as the result of a degree of pressure inflicted on the employer by the organised workers, „like the economic réconciliation contracts between antagonistic groups of workers and employers”, consequently they are altered under the impact of the change of circumstances. The clause „rebus sic stantibus’’ is completely applicable to' them. The specific nature of these contracts is discerned by the scrutiny of their substance, by the parties intering into the contract, by the parties to which it is applicable, its effect as well as the consequences of the breach of its provisions.

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