Колективни уговори као извор права
Collective Agreement as a Source of Law

Author(s): Jovana Misailović, Iva Tošić
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Sociology of Politics, Sociology of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Collective agreement; Source of labour law; Collective bargaining; Employment contract;
Summary/Abstract: Collective agreement is undoubtedly one of the most important institutes in the field of labor law. The role that the collective agreement has, is primarily reflected in the possibility for social partners to point out directly the problems they face on the labor market and to solve them by concluding collective agreement. Therefore, the importance of the collective agreement as a source of law should be viewed primarily through the opportunity to reconcile demands and changes at the labor market (depending on the level at which collective agreements are concluded) in the most efficient way and to define more specifically rights established by law, which are further completed completely individualized through an individual employment contract. In the paper, the place of the collective agreement in the domestic legal system is analyzed as well as the hierarchical relationship between the law, collective agreement and individual employment contract and finally - relationship between collective agreements. The authors try to summarize the importance of the collective agreement as a source of law in the domestic legal system, both for the social partners who participate in their conclusion and for all workers whom the collective agreement applies to. Accordingly, the first part of the paper is devoted to a brief historical analysis of the emergence and the origin of collective agreements, while the second part of the paper deals with the place and importance of the collective agreement in the domestic legal system.

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