Судска заштита права из радног односа у Републици Српској
Judicial Protection of Employment Rights in the Republic of Srpska

Author(s): Radislav Lale, Aleksandra Jelisić-Brčkalo
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Employment relationship; Individual labor dispute; Court protection; Labor court;
Summary/Abstract: This work will conduct a systematic analysis of the positive legal regulation of judicial protection of rights arising from the employment relationship in the Republic of Srpska, which is one of the most significant forms of external protection of the rights of employees. Special attention will be paid to the principles by which the court resolves labor disputes. The issue of apparent independent work or hidden employment, which is evident in the Republic of Srpska, significantly burdens modern labor law. Domestic law does not regulate methods at all, i.e. techniques of legal presumption of the existence of an employment relationship, nor does it know the provisions confirming the principle of factual primacy, which results in "inadequate access by courts and judicial practice", as well as the absence of complete and adequate legal protection of persons who perform various forms of work in an apparent (disguised) employment relationship. As our labor legislation does not inherit a clear and complete definition of the employment relationship, the authors emphasize the need to provide a clear legal definition of this term through future amendments to the labor law regulation, along with the qualification of legal subordination or its most important aspects as a general essential element of the employment relationship. Legal confirmation of the principle of factual primacy can also contribute to the protection of workers who perform apparent independent work, which is why it is recommended to introduce a legal ban on performing work based on civil law contracts, if there are elements of an employment relationship in the relationship between the worker and the client. Furthermore, the authors believe that the establishment of special courts, specializing in labor disputes, would make a significant contribution to their faster and more efficient resolution.

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