PROTECTION OF THE RIGHTS OF ADVERTISEMENT/ CONTEST PARTICIPANTS IN THE PROCEDURE OF ESTABLISHING AN EMPLOYMENT RELATIONSHIP Cover Image

ЗАШТИТА ПРАВА УЧЕСНИКА ОГЛАСА/КОНКУРСА У ПОСТУПКУ ЗАСНИВАЊА РАДНОГ ОДНОСА
PROTECTION OF THE RIGHTS OF ADVERTISEMENT/ CONTEST PARTICIPANTS IN THE PROCEDURE OF ESTABLISHING AN EMPLOYMENT RELATIONSHIP

Author(s): Radislav Lale
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Labor relations, Administrative Law, Labour and Social Security Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Right to work; Employment; Public advertisement/competition; Candidate; Objection/complaint;

Summary/Abstract: The paper systematically discusses the protection of the rights of participants in advertisements or contests and the right to an effective legal remedy in the process of establishing an employment relationship. The author has analyzed the positive legal regulation of this labor law institute in the general regime of employment relations, considering that the public advertisement/competition for the establishment of an employment relationship are instruments through which the constitutional principle that all vacancies must be available to everyone under equal conditions can be realized. The application of that principle is closely related to the effective realization of freedom of work and the right to work, which is why the procedure for establishing an employment relationship cannot be beyond the scope of control that enables the immediate removal of irregularities and illegalities in this procedure. In the corresponding parts of the work, the subject of analysis is the protection of the rights of participants of advertisements/competitions in special labor relations regimes in the Republic of Srpska.