Izvorni znanstveni članak
https://doi.org/10.31306/s.62.2.8
Court disputes arising due to the violation of workers' rights to occupational health and safety and safe working conditions
Ivana Erceg Ćurić
orcid.org/0000-0002-1864-2162
; Općinski sud u Splitu, Hrvatska
Daniela Pivčević
; Općinski sud u Splitu, Split, Hrvatska
Sažetak
The fundamental social right of a worker is the right to the working conditions that will not jeopardise his/her safety, health and dignity. The paper analyses the principle of worker protection and protection of labour and occupational rights, in addition to the presentation of legal theory and court practice. The paper also describes the court proceedings arising from the violation of workers’ rights to occupational health and safety and safe working conditions according to the laws of the Republic of Croatia and the relevant EU regulations. In particular, the paper analyses the statistical data on specific labour disputes and the court practice of the Municipal Court in Split. The protection and exercise of human rights and freedoms is a complex and delicate issue, and the international law, universal and regional system of protection of human rights and freedoms represents a legal foundation for an efficient protection thereof. In this paper, we emphasised the need to analyse the EU sources of law and the case law of the EU Court of Justice in the process of delivering a judgement in order to achieve a higher level of legal security and uniformity of decisions. The authors concluded that a regular and timely implementation of prescribed measures concerning occupational health and safety of the participants in the work process decreases the violation of workers’ rights and, consequently, reduces the number of court disputes arising from the violation of workers’ rights to occupational health and safety and safe working conditions.
Ključne riječi
court disputes, employment law, occupational health and safety, safe working conditions
Hrčak ID:
240699
URI
Datum izdavanja:
9.7.2020.
Posjeta: 1.813 *