Notion and legal nature of working relations in government bodies Cover Image

Pojam i pravna priroda radnih odnosa u državnim organima
Notion and legal nature of working relations in government bodies

Author(s): Faruk Sinanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: Work; working relations; employment; civil service relationship in government bodies; state; state - public official; legal nature; the act of establishing a service relationship; administrative act;

Summary/Abstract: The right to work is a fundamental human right which creates life through employment. Realization of employment shall be made by employers who can be classified into two basic groups: businesses and other legal entities and natural persons who, on the basis of an appropriate legal basis, engage the work of another person and entities in the field of public law activities. Based on such a division of employers, a differentiation of working relations in general and a special regime is made and, with the general regime of working relations relating to businesses and other legal entities and individuals, and the special regime relating to employees in government bodies, or in the wider sense, to public employees. So, the special regime of working relations regulates civil service relationship, on the basis of which these relations are regulated by the standards of the civil service law in most countries today. Is the civil service right a special branch of law, or is it an integral part of business or administrative law, it has not yet been clearly differentiated in both legal theory and the positive-legal practice. Therefore, questions concerning the legal nature of the civil service law, the legal nature of relations between civil servants, the legal nature of the act establishing a civil service relationship, and other rights, obligations and responsibilities stemming from service relations are still current problems, both in the world and in Bosnia and Herzegovina. Not established yet, existing on common grounds, or uniquely structured civil service right in Bosnia and Herzegovina, regardless of the internal state structure, is the result of the distribution of responsibilities between the State and its internal constituents made by the constitution.

  • Issue Year: 1/2015
  • Issue No: 2
  • Page Range: 110-145
  • Page Count: 36
  • Language: Bosnian