ПИТАЊЕ УСТАВНОСТИ ОГРАНИЧЕЊА ЗАПОШЉАВАЊА У ЈАВНОМ СЕКТОРУ
THE CONSTITUTIONALITY OF RESTRICTIONS ON EMPLOYMENT IN THE PUBLIC SECTOR

Summary/Abstract: In positive law, restriction of employment in the public sector implies the absence of autonomy of employers in the public sector when establishing a fixed-term and indefinite employment relationship, or when hiring a person to perform temporary or part-time work outside the employment relationship. Save for exceptional situations, employers in the public sector can establish an employment relationship for a definite and indefinite period of time, or hire persons on a temporary basis outside the employment relationship, only after obtaining the approval of the Commission of the Government of the Republic of Serbia which is entitled to give consent for new employment and additional employment in institutions which are users of public funds. The author analyzes the constitutionality of provisions that regulate the restriction of employment in the public sector. The question is whether the norms related to the regulation of employment restrictions in the public sector are in conflict with the right to work and the prohibition of discrimination prescribed in the Constitution of the Republic of Serbia.

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