REAFIRMACIJA PRAVA NA RAD

Abstract

The right to work is a historical category and institution of labor law that belongs to one of the basic human rights. From the idea of the right to work, which, in the middle of the 19th century, was highlighted by utopian socialists, through the first legal establishment to the fact that in the modern world almost all constitutions guarantee it. Nevertheless, differences still exist today and are reflected in the theoretical understanding of the right to work. On the one hand, emphasis is placed on human freedoms, and viewed in that sense, the right to work is an integral part of the values of a free society, as the freedom to work, that is, to choose an occupation. The right to work is a complex right that does not include the right to concrete employment, because the level of employment of every citizen who is able to work will depend on the level of development of a certain country. So, the right to work is not a subjective right but, first of all, it is a constitutional proclamation, which means that the state should create conditions for smooth economic development with its legal regulations, because only in this way can jobs be secured. On the basis of the Constitution, laws and by-laws were adopted that regulate work, employment, prohibition of discrimination, both when establishing and during the duration of employment relationships, prohibition of abuse at work, social security, etc.