Rešavanje radnih sporova
Labor dispute resolution

Author(s): Mario Reljanović, Jovana Misailović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation, Commercial Law, Labour and Social Security Law
Published by: Institut za uporedno pravo
Keywords: labor dispute; peaceful settlement of labor disputes; labor courts; conciliation in a labor dispute; arbitration in a labor dispute
Summary/Abstract: In the modern world, the antagonistic nature of the positions of the employer and the workers does not have to be decisive for the emergence and resolution of disputes. In this sense, the focus shifts to the prevention of disputes, instead of their later resolution. Great attention is paid to peaceful ways of resolving labor disputes. On the other hand, the employment relationship is not a relationship of equal participants - the employer is always the one who will have a decisive influence on the determination of the worker's status, the formation of working conditions and the relationship towards the worker and his work results. Hence, one can talk about the peaceful resolution of labor disputes, but judicial protection of workers' rights must not be ruled out at any moment. It can be stated that over time, two groups of mechanisms for resolving labor disputes have crystallized - judicial settlement and out-of-court settlement. The research includes both ways of resolving labor disputes and tries to position them in relation to certain circumstances and types of labor disputes. Although the normative method predominates, which implies a critical analysis of the current legislation, attention is also paid to comparative legal solutions, international dispute resolution standards, analysis of cases of good and bad practice. A potential answer is offered to every perceived problem and question, which includes a wide range of measures - from changing laws and other regulations, to raising awareness about workers' rights and ways to protect their rights. The first part of the analysis deals with the concept of labor dispute. In the second part, the focus is on the peaceful resolution of labor disputes. The third part presents an analysis of the current legislation on judicial settlement of labor disputes. The fourth part is a natural extension of the previous analysis and deals with labor courts. The concluding considerations represent the sublimation of the analyzed argumentation in favor of the proposed changes.

• Details
• Contents