DUŽNOST LOJALNOSTI I INSTITUT (ANTI)KONKURENCIJE U RADNOM I KOMPANIJSKOM PRAVU
DUTY OF LOYALTY AND INSTITUTE OF (ANTI)COMPETITION IN LABOUR AND COMPANY LAW

Summary/Abstract: Issues of the mutual duty of loyalty between the employee and the employer are the subject of analysis not only in labor and company law, but also as the issues of concern in work and business ethics. This has significant impacts on the clear identification of the notion and differentiation of its elements in terms of ensuring legal protection. This is particularly emphasized in the conditions of the dynamic labor market and changes caused by the globalization of production, digitization and automation of work, as well as the flexibilization of the employment relationship which significantly challenged the approach to the subject. In the paper, applying the normative, comparative and axiological method, the legal derivatives of the ethical-legal category of loyalty, i.e. the institute of anti-competition and the institute of trade secrets, are critically examined from standpoints of labor and company law theory, individually. On those grounds, the inconsistency of domestic systemic laws in this area has been pointed out, while the recommendations de lege ferenda have been made in order to cope with the challenges of the economy based on inovations and knowlegde.

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