|Opis:||The employment relationship is a durable and personal relationship between worker and employer, which involves the subordination of the worker as the weaker party. The parties autonomously enter into a contract of employment, which usually represents the constitutive act. Despite the voluntary nature of the conclusion, the parties are bound by mandatory rules from which they cannot depart.
With the purpose of protecting the worker, labour law has developed as a specific legal discipline of the civil law. Despite the development of a number of institutes, which serve the protection against abuse of the superior position of the employer, in practice, the appearing labour-related disputes, which have their own specificity according to the general civil disputes.
In identifying individual labor disputes proceed from the fact that the contested individual right, obligation or relationship arising from the employment relationship. This is for an individual ratio, because on the one hand performs a worker, on the other hand by the employer. Disputes of course should be to prevent and reduce their occurrence, but if it nevertheless occur, it is necessary to find the solution in the context of the extra-judicial or judicial procedure.
In the context of judicial protection, the procedures in individual labor disputes have certain specifics. These specifics are relating to start the process, such as the enforcement of rights and the deadline for judicial protection. Similarly, there are specifics regarding proxies, competence of the courts, the burden of proof, the sampling procedure, a settlement hearing and the main hearing, as well as specifics regarding the costs of the proceedings, interim measures, the end of legal proceedings and remedies.|