| Abstract [eng] |
The definition of working conditions is extremely broad and covers relatively all the circumstances in which the employee works. The distinction between working conditions and employment contract conditions is manifested in the fact that working conditions are a broader concept, whereas employment contract conditions fall within the concept of working conditions, they are simply defined in the employment contract between the employee and the employer. In the case of the terms and conditions of the employment contract, it is noticeable that the terms and conditions of the employment contract themselves are divided into necessary and additional terms and conditions of the employment contract. In the context of the new and the old Labour code, it should be noted that in the old Labour code three types of employment contract conditions were distinguished, and in the new one two. It can also be argued that there is not always a clear distinction between working conditions and employment contract conditions. Working conditions can be changed at the initiative of both the employer and the employee, but the employee always is a weaker party in the employment relationship, it is considered that he needs some protection, which is enshrined in Article 46 of the Labour Code that regulates and extends the possibility of changing working conditions at the initiative of the employee compared to the old Labour code. It can also be argued that when changing working conditions, an employee may in all cases request a change in such conditions, but in certain cases may also require the employer to change the relevant working conditions. In the event of a state of emergency and / or quarantine in the state, it should be noted that the most common form of work organization is teleworking, but alternatives to teleworking, such as job-sharing contracts, can also be found. Labour disputes arising from changes in working conditions are referred to as individual labour disputes concerning a right arising from the Constitution itself. These disputes have the specific right of the court to be active and to take evidence ex officio in employment proceedings. It should be noted that elements of discrimination can also be accepted in cases of changes in working conditions (sometimes these types of cases are intertwined). It is worth mentioning that most labor disputes are initiated due to changes in working conditions at the initiative of the employer, therefore most case law is on the initiative of the replacement worker. |
