Review article
https://doi.org/10.31141/zrpfs.2020.57.138.1011
Application of the rules of procedure in employment lawsuits - some legal disputes
Slađana Aras Kramar
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Senija Ledić
; Županijski sud u Splitu, Split, Hrvatska
Abstract
The aim of this paper is to analyse and discuss the scope of application of the rules of the Civil Procedure Act (CPA) on special proceedings in labour disputes. It should be noted that neither the CPA nor the Labour Act defines the term of a labour dispute. In domestic case law, in particular is questionable whether a labour dispute is a dispute initiated by an employee for compensation for work-related injury against an insurer where the employer has provided liability to workers for work-related injuries. Moreover, there is a lack of uniformity of case law on this legal issue.
This paper first attempt to define the concept of a labour dispute in general, taking into account relevant theoretical sources. Then follows a section on the concept of a labour dispute in domestic case law, in which the different views on the legal nature of a particular category of disputes are discusses and analyses, namely a dispute initiated by an employee for compensation for work injury against an insurer with whom employer secured liability, as well as the dispute that the successor of the worker (deceased) continues after the termination of the proceedings following the death of the worker as the plaintiff, or the dispute that the successor initiates for the compensate for the death of the worker (deceased) against the employer of the worker (deceased) and/or his insurer. In the analysis and discussion on the concept of a labour dispute, certain comparative sources of law and case law (Slovenia) are taken into account. The concluding part of this paper contains a summary synthesis of the main research results, as well as specific de lege ferenda projections.
Keywords
labour dispute; dispute for damages; injury at work; case law; procedure
Hrčak ID:
245691
URI
Publication date:
29.10.2020.
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