The pandemic caused by the SARS-COV-2 virus has brought into question the lives and health of people around the world. The pandemic has caused many issues in all spheres of life, including labour relations. Both employers and employees have (unprepared) faced numerous challenges in terms of organizing work in emergency circumstances. It is therefore not surprising that due to the availability of vaccine(s), the issue of employee immunization has gained special importance. Emphasizing the belief that it is necessary to encourage employees to vaccinated themselves, the author puts forward the hypothesis that, in accordance with the employment law framework, dismissal given to an employee due to refusal to be vaccinated would be illegal. The hypothesis is based on two crucial arguments relating to (un)justified reasons for termination of the employment contract by the employer and the possibility of working outside the employer’s premises. Nevertheless, new findings, further developments, as well as potential changes in employment legislation can be a strong incentive to reconsider any hypothesis in regarding mandatory immunization and employment rights.
The principle of equality, which includes the prohibition of discrimination, is one of the basic principles in the field of employment and labor relations. The paper deals with the issue of non-discrimination of job seekers on the basis of marital status and family obligations, in light of the prohibition to collect and process such data. When dealing with this issue, the paper includes the analysis of the provisions of the Labour Law, Prohibition of Discrimination Law, as well as the provisions of the Law on Personal Data Protection. The Labour Law, as a rule, enables the employer to request from the job seeker only data important for performing the job, i.e., prohibits the employer from requesting data regarding marital and family status, as well as conditioning the establishment of employment relationship with a pregnancy test. Nevertheless, certain doubts remain − the question arises as to whether it is also necessary to explicitly introduce into domestic legislation a principle that exists in certain foreign laws, which gives the employee the opportunity not to answer such questions or even to give a false answer, also, from the perspective of the situation in practice, it remains an unresolved issue how to fight against violations of this guarantee, i.e., how to overcome the gap between the normative and the situation in practice. In this light, the paper presents certain proposals regarding the introduction or improvement of mechanisms aimed at protecting job candidates in the aforementioned context.
In the paper, the author analyzes the normative framework that regulates overtime work at the international and national level, but also the issue of overtime work in practice. The author puts forward the thesis that employers resort to overtime work in order to reduce labour costs, and employees agree to work overtime, even when it is illegal, due to the fear of dismissal, so by such abuse by employers, overtime work becomes a form of work exploitation. The author has conducted the research through a survey and an interview in order to determine the extent to which (illegal) overtime work is present in practice. The results of the research show that unpaid overtime work is widely present and that employees are afraid to stand up against this practice. In conclusion, there is a discrepancy between the normative and the real when it comes to overtime work.
Autorka se u radu bavi pitanjem položaja zaposlenih sa porodičnim dužnostima u evropskom pravu. S obzirom na to da se zaposleni sa porodičnim dužnostima suočavaju sa nizom izazova na profesionalnom planu, neophodno je da pozitivno zakonodavstvo prepozna ove izazove i poteškoće i da na adekvatan način odgovori na njih. Uspostavljanje ravnoteže profesionalnog i porodičnog života je imperativ koji mora biti na odgovarajući način manifestovan u zakonodavstvu. U tom smislu je u radu analizirano regulisanje položaja zaposlenih sa porodičnim dužnostima u nekomunitarnom i komunitarnom, odnosno pravu Evropske unije. Iako su zaposleni sa porodičnim dužnostima u određenom stepenu zaštićeni, treba podsticati garantovanje što većeg stepena zaštite u evropskom zakonodavstvu i praksi. Ključne reči: zaposleni sa porodičnim dužnostima, ravnoteža profesionalnog i porodičnog života, jednakost polova, nekomunitarno evropsko pravo, pravo Evropske unije 1) UVODPitanje ljudskog dostojanstva je neodvojivo od pitanja zaposlenja budući da posao obezbeđuje zaposlenima, tj. njihovim članovima porodice sredstva za život. 1 * Autorka je student doktorskih studija Pravnog fakulteta Univerziteta u Beogradu i advokatski pripravnik u advokatskoj kancelariji Gecić Law, Beograd.
Many women around the world decide or are forced to cross a path of several hundred or thousands of miles for various reasons, but at the same time for reasons that through one phrase can be expressed as a search for a better future. In this context, the paper deals with the issue of challenges faced by migrant women who are migrants for employment, i.e., migrant workers. Regardless of the existence of a developed international legal framework related to the position of migrant women, they are often put in a worse situation in the field of employment and labour relations in practice, based on (at least) two grounds. Given this, the hypothesis put forward in the paper is that migrant women are often victims of intersectional discrimination, and that it is necessary to pay additional attention to the issue of protection of migrant women in the labour market and in the sphere of labour relations. Although the path towards equality includes a number of challenges along the way, equality as a goal makes every step towards achieving the goal valuable and significant.
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