Конституционализација права на одмор
Constitutionalization of the Right to Rest During Work

Author(s): Radoje Brković, Borislav Galić, Rajko Raonić
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Employee; Employer; Working hours; Rest during work; Daily rest; Annual leave;
Summary/Abstract: With the dominant and accelerated development of labor law in the 21st century, employees’ rights and obligations also evolved. One of basic rights today, which is propagated and promoted by many constitutional systems and more detailed labor laws, is the right to rest during work and on the basis of work. The forerunner of the constitutionalization of this right, and its inclusion in constitutional systems around the world, is the Weimar Constitution from 1919, which was a turning point for the conceptualization of many constitutional systems and the inclusion of this right among them. With this right and its constitutionalization, the aim is to ensure a minimum of rights based on work - "dignified work", and to develop this right through legal texts in the most minimal scope, below which no employer can go. In this paper, the authors aim to examine today's fundamental legal framework, derived from the Constitution, the Labor Law and other secondary legal texts. They will define this framework from a theoretical and legal perspective, highlighting its significance and specifics. Therefore, of this paper will provide a theoretical and legal overview of the topic, highlighting its importance from the normative-legal perspective, taking into account the current situation, the definition provided by the "Lex fundamentalis" and the similarities and differences between these definitions in the country and region. The author believes that the importance of work reveals its goal, as evidenced by the fact that the labor law institute's right to rest represents one of the fundamental rights of employees. Despite this, there is a deeply underdeveloped awareness of its importance, which is why it is included in the Constitution of the Republic of Serbia.

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