СЛОБОДА РАДА И ОБАВЕЗА УКЉУЧИВАЊА КОРИСНИКА НАКНАДЕ ЗА СЛУЧАЈ НЕЗАПОСЛЕНОСТИ И СОЦИЈАЛНЕ ПОМОЋИ У ТРЖИШТЕ РАДА
FREEDOM OF WORK AND THE OBLIGATION TO INCLUDE UNEMPLOYMENT BENEFITS AND SOCIAL ASSISTANCE RECIPIENTS IN THE LABOUR MARKET

Summary/Abstract: The negative aspect of the freedom of work cannot be considered independently of the social security law consequences of an individual’s decision not to work. These consequences are reflected in the difficulties or impossibility for an individual who does not wish to work to receive unemployment benefits or social assistance. Contemporary social policy and employment policy are characterized by the trend of narrowing the protection provided by mandatory unemployment insurance, while redirecting the solution to the problem of unemployment towards measures for the integration of unemployed individuals into the labour market. This shift is inspired by the idea of greater individual responsibility for protection against social risks, as well as the belief that generous unemployment insurance systems, instead of encouraging the unemployed to seek work, foster their dependence on social benefits. In this context, many legislators establish the obligation for unemployed individuals to actively search for work and accept suitable employment offered by the public employment service, under the threat of losing unemployment benefits. However, the obligations of recipients of contributory social benefits related to work are questionable from the perspective of guarantees of freedom of work and the right to work. On the other hand, doubts also surround the obligations of social assistance recipients regarding their involvement in the labour market ranging from the requirement to register with the employment service, to the requirement to search for work, participate in training programs, and engage in public work. This article will examine these issues in light of the standards of the International Labour Organization and the Council of Europe, as well as the solutions applied in the Republic of Serbia and selected European countries.

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