ПРИЛОГ РАСПРАВИ О УРЕЂЕЊУ ОДНОСА ИЗМЕЂУ ЗАЈЕДНИЦЕ ОСИГУРАЊА ИМОВИНЕ И ЛИЦА И ЊЕНЕ РАДНЕ ЗАЈЕДНИЦЕ
ON REGULATING THE RELATIONS BETWEEN THE COMMUNITУ OF PROPERTУ AND LIFE INSURANCE AND ITS WORK COMMUNITY

Summary/Abstract: The subject matter of analysis by the author in this article is the set of instruments established by the Law on Associated Labour covering the regulation of mutual rights, duties and responsibilities between the community of property and life insurance and the work community — namely, that organisation which, as a form of organisation of workers performing insurance transactions for the insurance community, is active within the framework of the insurance community as an organisation having its own legal subjectivity. This set of instruments is subject to criticism in the article, where evidence is submitted to prove that it does not suit the characteristics of affairs otherwise performed by the work community for the insurance community, as well as the function it realizes in the insurance field. The basic shortcoming is found by the author in the fact that these instruments unnecessarily limit the independence of the work community in regulating its organisation, planning, professional structure of personnel and of work posts in that community, as well as in the procedure of determining criteria and foundations for acquiring income and other elements by which any organisation having a status of legal entity proves its legal position and-identity. The author distinguishes the category of responsibility of thé work community for affairs it performs for the insurance community, as one of the key criteria of the set of instruments for establishing the legal status of the work community within the insurance community, which would correspond to the specificity of affairs it performs and to the function it realizes. He notes in the category of responsibility of the work community a legal instrument which could ensure a greater degree of independence of work community toward the insurance community, while at the same time serving as an adequate criterion for assessing the results of business activities of the work community, as well as for acquiring of means for personal incomes and collective consumption by workers. The author defines that instrument as a responsibility for business result of the property and life insurance community, while emphasizing that it includes the responsibility of work community both for the positive financial result in realizing the plan of the insurance community and for the realisation of the entire business and developmental policy of the insurance community.

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