PRAVNI ZAPISI • Year II • No. 1 • pp. 186-196
MISUSE OF RIGHTS, DISCRIMINATION AND MOBBING: LEGAL FRAMEWORK AND PRACTICE
Dr Mario Reljanović
Istraživač saradnik, Institut za uporedno pravo, Beograd
Saradnik u nastavi, Pravni fakultet Univerziteta Union
Aleksandra K. Petrović
Student doktorskih studija, Pravni fakultet Univerziteta Union
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Pravni zapisi, No. 1/2011, pp. 186-196
Review Article
KEY WORDS
discrimination at work; harassment at work; harassing the exercise of rights; labor dispute; criminal proceedings; court practice
ABSTRACT
Law on Prohibition of Discrimination and Law on Prevention of Mobbing are newly adopted in Serbian legal system. They have set out challenge on Serbian courts on how to fully implement them, thus it is very important to separate three similar but yet different legal terms, that especially differ when it comes to protection of employees rights: misuse of rights, which is based not on legal provisions but on case-law; employment discrimination; and mobbing. This task becomes even more important bearing in mind that some theoreticians do not make efforts to make clear distinction between them; wide adoption of their simplified and wrongful interpretations of legal provisions could create both confusion in courts and aggravation of discrimination or mobbing victim’s position, trying to protect his/hers rights in court or any other legal procedure.