НЕКОЛИКО ОПШТИХ НАПОМЕНА О ОСТВАРИВАЊУ ПРАВА НА РАД
SOME GENERAL REMARKS ON THE REALISATION OF THE RIGHT TO WORK

Summary/Abstract: The right to work is one of the basic rights of man and it is regulated by law both in the legal system of the capitalist countries and in that of the socialist ones. However, it is relatively easy to formulate in legal terms the right to work, but it is much more difficult to ensure material prerequisites for its realisation in every-day life. In the bourgeois countries the right to work is reduced to the freedom of labour, while its realisation should be ensured by implementing the full employment policy. That means that the right to work in these countries is reduced, in the final analysis, to ensuring employment. This right in the capitalist countries is usually a declaration, since behind the right to work (as Marx says) there is the power over capital. As an »abstract« right, it can not be recognized in relation to the concrete employer, since this would endanger his freedom of labour. In the socialist countries the right to work is a right to obtain work, which is paid in accordance to the quantity and quality of labour. Legal systems of these countries contain provisions on the duty to work, according to which every individual able to work has to participate in creating the means necessary for his living and for the welfare of society. The principle of »generality of work« means the prohibition of exploitation, namely the guaranty of the freedom from exploitation. That which is particularly pointed out as an advantage of socialism, as contrasted to capitalism, in the sphere of realisation of the right to work, relates to the fact that the socialist organisation of labour guarantees to every citizen not only the freedom against exploitation, but also the freedom from unemployment. The right to work is guaranteed in Yugoslavia by the Constitution of the SFR of Yugoslavia of 1974, in its article 159. That right is effected by means of establishing labour relationship in the conditions of social ownership and self-management. It is not reduced only to employment, but rather becomes a prerequisite for participation by workers in the self-management process in concordance to the norm »the one who works — takes part in self-managing too«. The right to work in Yugoslavia is still a program principle, which does not provide a citizen with a subjective right to enter employment. Ihe conditions preventing the realisation of right to work are of an economic nature and they are found in the low level of development of production forces.

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