THE SPECIFICITY OF THE PROCEDURE OF WORK CONTEST AT THE BASIC COURT IN TETOVO DURING THE PERIOD 2013-2016
THE SPECIFICITY OF THE PROCEDURE OF WORK CONTEST AT THE BASIC COURT IN TETOVO DURING THE PERIOD 2013-2016

Summary/Abstract: The Article 32 of the Constitution of Macedonia guarantees its citizens the right to establish employment relations, the right to choose the job and enjoy protection of their rights under the Law and Collective Agreements. This protection can normally be realized by citizens in different forms, but the study will only approach the protection of subjective civil rights in civil litigation as a separate procedure. The procedure of labour contest is specific due to many reasons which will be dealt with in the study, whereas we will also focus in explaining them besides the analysis of the cases that were selected at the Basic Court of Tetovo in 2013-2016. In the Republic of Macedonia, the Law on Contested Procedure in 2005, unlike the previous law, brought changes in terms of procedural guarantees from labor disputes, for example: increasing procedural discipline; anticipating deadlines related to procedural actions; the maximum duration of the procedure; main screening and other circumstances that include the maximum period of months in the first instance and 2 months in the second instance court etc. This is only one of the specifics of this procedure, which results in disappointing data regarding the length of the procedure, data that have emerged from the controversial proceedings from dismissal of the employment relationship, establishment of employment relationship, disputes concerning the placement and resettlement of the employee at work, and other cases not highly pronounced but still present in Basic Courts.

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