OGRANIČENJA POSEBNIH OBLIKA RADA BEZ NARUŠAVANJA OSNOVNOG ODREĐENJA I SADRŽAJA RADNOG ODNOSA
LIMITATION OF SPECIAL FORMS OF WORK WITHOUT VIOLATING THE FUNDAMENTAL PROVISIONS AND THE CONTENTS OF THE EMPLOYMENT RELATIONSHIP

Summary/Abstract: Legislation of the Republic of Croatia (and other countries in the „surrounding“) based on and within the framework of directives and other secondary sources of European Union (EU) law, more and more, in addition to basic concepts, catgeories, legal institutes and legal relations in labor (social and other) legislation regulates „new flexible forms of work“ and thus affects the „static budget“ of the general law regulating these issues and relationship. In practice, with such prescribed flexible forms of work, the standards of working conditions are „left“ to concrete economic, political, social and other relations and „opportunities“. This paper tries to point out the necessity of preserving the employment relationship as a complex situation, but also as a special legal relationship that is determined by terms, categories, labor law institutes and other issues that, with a special method, are studied by an independent legal discipline, labor law (a special scientific branch of law, the legal system, or legal order). In the framework and on the basis of this, (other) felxible forms of work can (and should) be arranged, realized and protected, without dirupting (devastating) the employment relationship as „established“ by labor law theory and universal source of human rights and freedoms. This also applies to: fixed-term employment, part-time work, work on Sundays, work at a separate workplace, additional work, employment contracts for temporary performance of work through an agency and „other forms of work“.

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