Радно и социјално право

Драгослав Хаџи Танчић, Критичке опсервације у општем колективном уговору, Радно и социјално право, стр. 73-94, ХТУ (2/2010)

Dragoslav Hadzi Тапске, Т1В, а гтадиате [аууеу

CRITICAL OPSERVATIONS OF GENERAL COLLECTIVE AGREEMENT

Summary

General collective agreement concluded between the Serbian Association of Employers, as a representative employers’ organization and two representative trade unions — the Confederation of Autonomous Trade Unions of Serbia and the Association of Sectoral Trade Unions of Serbia “‘Independence”, enter into force 17 May 2008. This is second general collective agreement concluded at the central level, i.e. for the territory of the Republic of Serbia (General collective agreement of 1997 expired 23 September 2005).

The introduction of this article covers some disputable aspects of relation between collective agreements and laws, of mutual relations between collective agreements, and of compulsory effect of general collective agreement (in respect of agreements concluded at the lower level of collective bargaining). Following this systematic content, the author critically examines the role of general collective agreement in a system of autonomous legal sources of labour law, in respect of possibility to improve upon the terms and conditions which are applicable to a given category of employment, and in respect of possibility to regulate issues which by their nature need to be addressed more specifically. The author shows that these attempts have not met with much success.

The author emphasizes that positive general collective agreement takes the parts of the text of expired general collective agreement. Consequently some of its solutions are based on derogated provisions (e.g. part on salaries), and some of them are not compatible with conception and terminology of positive legislation (e.g. part on health and safety at work).

Key words: law, collective agreement, the general collective agree-

ment, the relationship of legal documents, employee, employer, employment, employer, rights, obligations and responsibilities.