PRAVNI ZAPISI • Year II • No. 2 • pp. 447-466
DIVISION AND ISSUES OF JURISDICTION OVER PROTECTION OF LABOR RIGHTS
Prof. dr Zoran Ivošević
Redovni profesor, Pravni fakultet Univerziteta Union u Beogradu
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Pravni zapisi, No. 2/2011, pp. 447-466
Review Article
KEY WORDS
Protection of rights; protection authorities; protection procedure; doubts and shortcomings in protection
ABSTRACT
Employment has different forms: some people are full time employees, some work freelance, some are government officials and some have mandates in bodies of corporate management. All of them can have their labor rights violated at some point, in which case they can seek protection from some competent institution. Individual labor rights are protected at the workplace, in actions before the Agency for Peaceful Settlement of Labor Disputes, Solidarity Fund, lower courts, administrative, commercial, constitutional courts or the European Court of Human Rights, as well as in a proceeding before the work inspection. Collective labor rights are protected in actions before the Agency for Peaceful Settlement of Labor Disputes, arbitration or higher courts. Labor rights for freelance workers are protected in actions before basic courts, without application of special rules related to labor disputes. The Constitutional Court protects labor rights of government officials. If a decision of an Electoral Commission violates such rights, the Supreme Court of Cassation (grievances against decisions of the Electoral Commission of the Republic or the Electoral Commission of AP Vojvodina), or the Higher Court (grievances against decisions of the electoral commission of a local government body) has jurisdiction. Labor rights of company directors and other senior management, related to their mandate, are protected by the Higher Court, and, in case of a business company, the Commercial Court. The Higher Court has exclusive jurisdiction over the protection of rights of corporate management.