ПРАВНИ ОСНОВ СТУПАЊА НА РАД
LEGAL GROUNDS FOR EMPLOYMENT

Summary/Abstract: In this article the author deals with the juristic or legal principle of the labour relation. A special attention there is paid to the juristic principle of the labour relation in Yugoslav law. The author is studying the development of its juristic principle in Yugoslav labour legislation and is establishing four periods having their specific features and giving at the same time also the concepts on which the juristic principle was grounded in those periods. As to the given critical review of the existing juristic principles, the author, setting out from the qualities and characteristics of the labour relation in the existing conditions, stands on a standpoint that its juristic principle should be the agreement I contract) of labour relation, whereby in a considerable measure are eliminated the deficiencies and weaknesses of the existing theories. Such a juristic principle embraces the entire labour relation — from the assuming of the work, during its duration, and up to its discontinuance, constituting a more adequate principle than the other juristic or legal principles of the labour relation. The author considers that a contract of work does not respond to the existing character of labour relation, owing to the fact that its content is become much more complete than the content of such a labour relation as it appeared in the XIX and in the first half of the XX century, as well as it can no more be reduced only to the work. The superiority of the agreement on labour relation over a decision and decree of employment, which constitute unilateral legal acts, would consist in that, that this principle more completely expresses the autonomy of a person. This juristic principle has also the advantage that, it is more elastic, for its legal nature allows the possibility of negotiating of several conditions whenever it appears necessary. An important advantage of the agreement on labour relation consists also in the fact that it may constitute a ground for any labour relation, notwithstanding the kind of activity, as it complies with the specificness of any labour relation, and because it would respond to a uniform labour relation in the conditions of a socialist social order. An agreement (contract) on labour relation, by its characteristics, is constituting an institution, sui generis', whereby, juristically as well as terminologically, a further branching off of this principle from the private and administrative law is exercised, a direction in which the labour law, as a special branch of law, or ever more developed and built up.

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