ЕКОНОМСКО-СОЦИЈАЛНА ПОДЛОГА И МЕТОДОЛОШКИ ОКВИРИ ЗА ПРОУЧАВАЊЕ ПРАВНОГ ПОЛОЖАЈА РАДНИКА КОД КУЋЕ
THE SOCIO-ECONOMIC AND METHODOLOGICAL FRAMEWORK FOR EXAMINING THE LEGAL POSITION OF EMPLOYEES WORKING AT HOME

Summary/Abstract: The author inquires and discovers socio-economic conditions whose concurrence in the given-historical moment enabled the appearance of the labour at the worker's home. The reasons by which are motivated the organizers of this form or system of decentralized labour as well as the reasons by which the workers are motivated are inquired further on. Also, from the general standpoint, economic-social justifiablenes for existence and vorbidding of the labour at the worker's home has been analyzed. Finally, the author accepts the particular approach and methodological framework in searching for answers to the questions of the legal position of the worker at home. The author thinks that with the appearance, of the people free of the slavery and serfs dependance, that have been »liberated« by the major industries and agriculture of their own means for work, socio-economic conditions for the appearance of the labour at the worker's home have been created. Among the causes that have created and dictated the apperance and enabled the survival of the labour at the worker's home up till present day, the author appraises the advantages that the system gives to the organizers, employers. Inded, the employers using the system of the labour at the worker's home compensate for the lack of the resources necessary for the building and equipping of the working rooms, and save these resources, in case they have them, »and achieve many other savings“ As to the workers, author cites Marx attitude that the labour at the worker's home represents for these workers the last refuge. Actually, these workers are the persons that must secure their existence through their own work, but for whom there is no place in the working rooms of the employers.The answer to the question if, from the general standpoint, the existence of the labour at the worker's home is justifiable author seeks through inquiries into the advantages and disadvantages of this system of the work. Author holds opinion that the labour at the worker's home is socio-economically justifiable only when the position of these workers is strictly legally regulated and this is done on the same principles on which the legal position of the other workers is based. This would make possible for the disadvantages of this system to be ejected or mitigated in greater degree, on one hand, and for its advantages to be strengthened, on the other hand. This problem should be approached, by author's opinion, from the principles on which our socio-economic and legal system, and the legal position of the workers, too, have been based. Beside this, we must pay attention to the experiences and solutions that exist in law of the other socialist as well as capitalist countries.

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