During the 21st century, migrations have become increasing-ly intense, since they are often planned with a specific goal and could cause major social changes. Unfortunately, since there is no definition of the term ?migrant?, countries face a particular challenge in protecting migrant workers? right to work. The International Labour Organization, the Council of Europe, and the European Union have made significant contributions to establishing and developing the migrant worker protection system. At the national level, governments and trade unions contribute to migrant workers? protection by adopting laws to control migrations. However, with many social, political, and economic factors at play, countries can?t always control immigration within their own territory. The author?s hypothesis is that the position of migrant workers depends significantly on the host country?s im-migration and labour policies. The paper concludes that the application of general provisions prescribed at the international level cannot and does not fully protect the rights of migrant workers. Given this, it is not surprising that certain countries and trade unions have begun to protect their interests by adopting legal regulations to manage mi-gration within their territory. The paper identifies the fear that labour migration will negatively affect trade unions? image in those countries where trade unions are weak and disjointed, without real power to influence decision-makers. Finally, when analysing the position of migrant workers in the Republic of Serbia, the author points that the motives for labour force emigration from Serbia are extremely strong, so even if certain changes were to be made to labour con-ditions, there would be no reduction in emigration. This is because workers? motives for emigration go beyond mere dissatisfaction with labour conditions, but are rather linked to their general dissatisfaction with the quality of life in Serbia
Privatization, technological and organizational restructuring and regulatory changes in market contributed to the externalization of labour in recent decades. History of freelancing growth mentions that initially freelances was referred as „boundaryless worker” because freelances have no boundaries to get jobs and his client may belong to any part of the world. Freelancers sell their professional knowledge and skills, which sets them apart from other entrepreneurs who sell tangible products or services. Also, to be successful, an independent professional needs different skill set then the average entrepreneur. Under Serbian law the distinction between employees and freelance workers is of particular importance in determining the applicability of employment and labour laws, as well as the payment of social security contributions and the obligation upon the employer to deduct income tax. Employment law offers greater protection to an individual who is an employee in comparison with a freelance worker. Furthermore, employers are responsible for the payment of social security contributions and the deduction of income tax from an employee’s salary. In this paper, the author will analyse the challenges and difficulties that lead to the establishment of a comprehensive legal concept of freelancer. In addition to this, recommendations will be given to overcome certain problems that the domestic legislator has already encountered while working on the preparation of the law regulating the status of freelancers.
The right to strike is not an absolute right according to the Constitution of Serbia, however, its dimensions are determined by a constitutional provision, which perscribes it as a right of the employees regulated either in compliance with the provisions of the law dealing with the right to strike, or by a collective agreement. Although the right to strike today belongs to the corpus of basic human rights, under certain circumstances it can be prohibited or limited by an obligation to fulfill certain conditions. A general prohibition of strikes is not in compliance with the principles of the freedom of association. However, even the international labor standards allow the possibility to either prohibit or limit the right to strike for a certain type of employees. National legislations are obliged to adjust their internal needs to limit the right to strike so as to comply with the international norms. Any venture out of the framework of internationally recognized conditions for the limitation of strike can become its opposite, a restriction on the rights of employees to exercise and protect their socio-economic rights to organize a (lawful) strike. The author reinvestigates the concepts of strikes, with a focus on Serbian legislation and most important Court decisions in this area. In addition, author analyzes most important international labour standards related to the right to strike and points out the state of the social dialogue in the republic of Serbia.
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