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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 42 No. 2, 2021.

Review article

https://doi.org/10.30925/zpfsr.42.2.8

THE FRAMEWORK FOR DETERMINING THE RIGHT AT WORK DURING THE EPIDEMIC

Marinko Đ. Učur ; University of Rijeka, Faculty of Law, Rijeka, Croatia

Full text: croatian pdf 241 Kb

page 405-417

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Abstract

During the epidemic of the disease COVID-19, in the realization of primarily individual labour relations (because collective labor relations are at the moment “on hold”), there are numerous questions to which there are no answers yet (especially in the case-law). The most common explanation we can fi nd in the fact that it is an epidemic (pandemic) but also, we should emphasis the “impotence” of the (unprepared) labour market, but also the infl exibility of autonomous regulations of labor relations and the “unprepared” employers to the regular response to the “demands of the crisis”. In “special circumstances” the application of the principles of modern, democratic labour law (among others, there should be highlighted the principle of protection of the person at work, the principle in favorem laboratoris, the principle of protection of employment rights, all with the ubiquitous principle of constitutionality and legality), the principle of pacta sunt servanda (principle of compulsory law) in contractual employment and others, should not be questioned. There is an initiative to fi nd the answers to controversial questions that in practice (in applicability) at the time of the epidemic, most often, determine the content of labour relations: the “intervention” in the employment contract, autonomous regulation of labour relations, working hours, wages and benefi ts, safety at work, application of the principle of the most favorable right for workers and others.
It is necessary to apply very restrictively any restriction of the right to work,
which, otherwise, in accordance with the Constitution of the state, can be regulated
only by law, but also by “measures” applied during the epidemic only within the law
and the Constitution.

Keywords

special circumstances; epidemic; labour rights; restrictions; protection

Hrčak ID:

262849

URI

https://hrcak.srce.hr/262849

Publication date:

25.9.2021.

Article data in other languages: croatian

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