Document Type

Article

Disciplines

International Law

Abstract

The right to work, and thus the protection of employment, is a basic principle of the Constitution in the SFR of Yugoslavia. The relevant provisions are found in Article 159 of the Constitution of the .SFRY.1 This Article states that "a worker may be dismissed from his job against his will only under conditions and in a way specified by statute." The Federal Associated Labor Act' regulates cases as well as conditions of termination of employment. Both the republic and provincial acts in the sphere of labor relations contain provisions, consistent with the provisions of the Associated Labor Act, regulating the conditions of termination of employment. It is necessary, however, to emphasize that regulation is more comprehensive than simply protecting workers against typical types of terminations. A primary example is the legislation relating to the protection of workers who have become surplus due to technological advances.

The general rule relating to the protection of workers in the event of technological changes is that organizations of associated labor3 are under a duty to provide new job opportunities for the affected workers. Labor organizations must find job opportunities which correlate with employees' work and professional abilities.

The reason for mentioning, at this point, the norms concerning workers who become technological surplus is that the analysis applies to other situations. The general legislative principles applicable to such workers apply to other circumstances such as when the enterprise is affected by economic difficulties and insolvency.

Thus the specific rules established to protect workers in the event of technological changes have assumed a wider influence. Essentially, these rules provide that the workers whose jobs are eliminated-because of either technological, organizational, or economic changes-are entitled to another suitable job if feasible. In the event of economic and other difficulties, the rules that apply in situations of technological changes also impose obligations on the labor organizations to take steps to find positions for workers whose jobs are thereby threatened or already eliminated. These obligations entail, inter alia,4 a duty to finance programs that protect workers' rights.

Accessibility Requirements

1

Download

Share

COinS