Радноправна заштита грађанских слобода и права запослених на месту рада
Labour-Law Protection Of Civil Rights And Liberties Of Employees In The Workplace

Summary/Abstract: Although civil rights and liberties have traditionally been viewed through a relationship between the state and the individual (i.e. the obligation of the state to refrain from interfering with individual rights and liberties), important aspects in exercising these rights and liberties are associated with the employer-employee relationship. This is due to the fact that, by entering into employment, an employee agrees to limit his/her autonomy at work to the extent necessary to perform under the power of an employer. Therefore, one of the focal issues of labour law is how to protect employees from the abuse of managerial, normative, and disciplinary prerogatives by the employer, which includes creating the conditions to effectively exercise the freedom of expression, the right to a private life, as well as other rights and liberties in the workplace. Any idea related to this issue will be incomprehensible unless it is built into a broader context that includes the links between the history of the human rights law and the sphere of employment relations. Hence, this paper first examines the issue of employees as holders of human rights and liberties. Subsequently, the paper examines the most important requirements and obstacles for enjoyment of civil rights and liberties in the workplace. A special section of this paper is dedicated to analyzing the strict requirements for exceptional limitation of liberties and rights of employees, while the conclusion deals with various theoretical interpretations of the recent “ascent” of civil rights and liberties within the field of labour law.

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