Радно и социјално право

Драгослав Хаџи Танчић, Кривично дело на раду или у вези са радом, Радно и социјално право, cmp. 169-195, XIII (1/ 2009)

Dragoslav Hadzi Tancié, LLB, a graduate lawyer

CRIMINAL OFFENCES AT WORK OR WORK-RELATED CRIMES

Summary

In interpretation of the criminal act in the work place or in connection with the work place as a reason for cancellation of the labor agreement by the employer from the article 179. point 4) of the Labor Law, the author presents a thesis on lack of legal ground of the point of view that conditions existence of this dismissal by existence of the effective convicting criminal judgment.

In developing his basic idea the author points out that this dismissal reason in its legal nature is disciplinary dismissal reason, despite the fact that the Labor Law nominally does not recognize disciplinary responsibility of an employee, since legal determination relates this dismissal reason to the employee's behavior. Furthermore, the author refers to the theoretical views on disciplinary responsibility as a responsibility for the breach of prescribed employee behavior. Author elaborates this by investigating the relation between disciplinary and criminal responsibility from the point of their purposes, stressing the independence of the disciplinary responsibility, which as such includes criminal responsibility of the employee as a condition for disciplinary responsibility.

This paper gives attention to the issue of concept of criminal act due to the unacceptable supposition about the concept of criminal act which integral part is criminal responsibility of the perpetrator, which is in the base of the view on convicting judgment as a condition for application of said dismissal reason. As a fact in favor of the counter view, that as the criminal act from that article 179. point 4) of the Labor Law must be considered only an act of the employee that is established by the characteristics of the criminal act, but not the criminal responsibility of the employee, author refers to the definition of the criminal act in the Criminal code and the Code on criminal procedure.

The author also supports his basic thesis on unacceptability of the view on convicting criminal judgment as a condition for application of the workplace criminal act or in connection with the work place as a dismissal reason with various other reasons, while in his conclusion the author points out unacceptable logical conclusion of the view on conditioning cri-

194