Agencijski rad: diskrepancija između tumačenja propisa i praktične primjene instituta
Agency Work: Discrepancy Between Interpretation of the Institute and Its Practical Application

Author(s): Armina Čunjalo
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Agency work; Interpretation; International law; National legislation; European labor law;
Summary/Abstract: Globalization and the development of law inevitably entail the emergence of certain specificities and the need to create something new. The appearance of the so-called agency workers in the field of labor law opened numerous questions that needed and still need to be answered. Before agency workers and the term agency work first appeared, the employment relationship was concluded exclusively between the employer and the employee. The situation changes with the introduction of a third entity-an agency for the temporary employment of workers. Therefore, it has become necessary to define the relations between the worker and the mediation agency, the mediation agency and the user's company, and between the user's company and the worker, and to regulate these relations. The aim of the research is to determine the extent of divergence in practice between national legislations and their application with Directive 2008/104/EC on temporary agency workers. The comparative law method will show to what degree the agency work facilitates business operations for companies, users, and workers, which will answer the question of the expediency of a labor-law institute of agency work. In connection with that, and considering the closeness and inflexibility of labor legislation in Bosnia and Herzegovina, the paper will also describe the practice of incomplete incorrect interpretation of legal norms and point to a significant gap between legal regulation of a particular institute and its practical application. The author of the paper will show the danger of incorrect interpretation of norms and the repercussions that such an interpretation can have on the development and creation of rights.

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