Načelo In favorem laboratoris u sistemu radnih odnosa, sa posebnim osvrtom na radno zakonodavstvo u Bosni i Hercegovini
The Principle In favorem laboratoris in the Labor Relations System, With the Special Reference to Bosnia and Herzegovina Labor Legislation

Author(s): Mehmed Hadžić
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: In favorem laboratoris; Hierarchy of legal sources;
Summary/Abstract: The principle in favorem laboratoris, i.e. the principle of convenience, is inextricably linked to the modern labour relations system in cases when rights at work or in connection with work are regulated in several legal sources. In the labour relations system, sources are applied in such a way that it starts from individual employment contracts, through autonomous general acts of the employer and collective agreements, to labor laws as lex generalis and other lex specialis laws that establish minimum standards of rights at work.This direction of application of sources of labor law is corrected in certain cases by applying the principle in favorem laboratoris. The fundamental purpose of this principle is to protect the worker as an economically weaker party in the employment relationship whenever possible. The principle in favorem laboratoris is applied at the regulation stage when one institute is regulated in multiple sources that have different legal force. The principle is also used by decision-makers in the process of implementation and protecting rights at work and in connection with work in those situations where the facts can be applied to a number of different sources of law. The principle in favorem laboratoris is generally used in the application of substantive law, but the question of the possibility of its use in the application of procedures for the exercise and protection of rights at work and in connection with work remains open.

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