Misuse of rights, discrimination and mobbing: Legal framework and practice

Reljanović, Mario; Petrović, K Aleksandra

doi:10.5937/pravzap1101186r

Pravni zapisi

2011

DOI: 10.5937/pravzap1101186r

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Misuse of rights, discrimination and mobbing: Legal framework and practice

Mario Reljanović¹,

K Aleksandra Petrović²

Abstract: Apstrakt: Zakon o zabrani diskriminacije i Zakon o sprečavanju zlostavljanja na radu predstavljaju novinu u pravnom sistemu Srbije. Pred sudovima je veliki zadatak izgradnje adekvatne prakse primene ovih propisa, otuda je važno razgraničiti tri pojma koja su slična ali se nikako ne mogu poistovetiti, posebno kada je reč o zaštiti prava zaposlenog, odnosno radno angažovanog lica: šikanozno vršenje prava koje se upravo temelji na sudskoj praksi, diskriminacija na radu i zlostavljanje na radu. Ovo pitanje postaje… Show more

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2021

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Proving mobbing behavior: Between criminal and labour law, legal theory and jurisprudence

Kvastek¹

2021

Godiš Fak bezbednosti

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In this paper is analyzed mobbing behavior as a new and complex phenomenon for domestic legislation and jurisprudence in the Republic of Serbia. Despite the fact that there is a great number of definitions of maltreatment at workplaces, all of them are based on making hostile, humiliating and degrading environment at work. Since the Serbian Act on Prevention of Harassment at Work is adopted in 2010, judicial protection for employees is provided not only in criminal procedure in line with the rules of Criminal Code and the Code of Criminal Procedure but also ih the civil trial. Proving mobbing behaviour in civil trial is different from criminal procedure regarding the turnover of the burden of proof, different kinds of admissible evidence and the rule of repetition of behavior which is considered to be mobbing. Altough the Act on Prevention of Harassment at Work is in force during ten years, we have not found precise criteria in the jurisprudence for remarking the hrassment at work and it is one of the reasons why appellate courts intervene in the decisions of higher courts regarding the mobbing behavior.

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Proving mobbing behavior: Between criminal and labour law, legal theory and jurisprudence

Kvastek¹

2021

Godiš Fak bezbednosti

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The Employment of the minors in the context of exercising the child's right to work

Banić¹,

Filić²

2021

Pravo - teorija i praksa

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Exercising the child's right to work requires a good legislative framework for labour relations and a set of conditions prescribed to ensure that the minors work in a way that does not harm their safety, health, physical, mental and moral development and does not interfere with their education. The aim of this paper is to consider both the international and national standards regulating the children's work and challenges in their application in practice. It also points out the necessary actions aimed at improving the position of the minors in the labour law environment. A special attention is paid to the issues related to the prohibition of discrimination against children in the field of work, the consent for employment including the regulation of the minimum age for employment and protection at work. The paper focuses in particular on the issue of the implementation of labour legislation in practice of Republic of Serbia, especially in the context of the efficiency of control mechanisms and the results of inspections conducted in 2019 by the Labour Inspectorate of the Ministry of Labour, Employment, Veteran and Social Affairs, which revealed a series of violations of the child's right to work. In this paper, in order to grasp an insight into this issue, there have been used the historical comparative-legal and theoretical-analytical methods. The research findings indicate that the national labour legislation regulating the minors` work is harmonised with the international standards to a significant extent, but there is a room for their improvement. It is also necessary to improve the mechanisms of inspection and the efficiency of the application of legislative provisions in practice.

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Misuse of rights, discrimination and mobbing: Legal framework and practice

Cited by 2 publications

References 1 publication

Proving mobbing behavior: Between criminal and labour law, legal theory and jurisprudence

Proving mobbing behavior: Between criminal and labour law, legal theory and jurisprudence

The Employment of the minors in the context of exercising the child's right to work

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