Title
Državna uprava u postupku zaključivanja kolektivnih ugovora u javnom sektoru
Creator
Zavođa, Nataša
Copyright date
2018
Object Links
Select license
Autorstvo-Nekomercijalno-Bez prerade 3.0 Srbija (CC BY-NC-ND 3.0)
License description
Dozvoljavate samo preuzimanje i distribuciju dela, ako/dok se pravilno naznačava ime autora, bez ikakvih promena dela i bez prava komercijalnog korišćenja dela. Ova licenca je najstroža CC licenca. Osnovni opis Licence: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/deed.sr_LATN. Sadržaj ugovora u celini: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/legalcode.sr-Latn
Language
Serbian
Cobiss-ID
Theses Type
Doktorska disertacija
description
Datum odbrane: 12.04.2019.
Other responsibilities
mentor
Dimitrijević, Predrag
predsednik komisije
Milovanović, Dobrosav 1964-
član komisije
Vučetić, Dejan 1974-
Academic Expertise
Društveno-humanističke nauke
University
Univerzitet u Nišu
Faculty
Pravni fakultet
Group
Katedra za javno-pravne nauke
Alternative title
State administration in the procedure for conclusion of collective contracts in the public sector
Publisher
[N. М. Zavođa]
Format
[17], 349 listova
description
Biografija autora: listovi 350-353;
Bibliografija: listovi 334-349.
description
Public-legal domain
Abstract (en)
The Republic of Serbia represents an employer for civil servants and employees, for employees who perform tasks within the scope of state administration bodies, courts, public prosecutors' offices, for police officers as a separate category of civil servants, etc. The regulation of the labor legal status of these persons is also carried out through the conclusion of special collective agreements in addition to the normative. A significant part of the state administration is made up of public services that, by their significance and manner of carrying out tasks of general interest, as well as by the method of financing, represent the central level of the state that encompasses the entities which are responsible for the provision of predominantly non-market services which the state is obliged to provide in order to meet the general needs of its people. The concept of administration has been established as a profession of general interest. Administration carried out by the state authorities itself is viewed in a narrower sense, and when we look at the administration through public services or public administration, we have to bear in mind that non-state actors are also entrusted with administrative activities. Based on the nature of their work, state authorities have a significant administrative function in regulating tasks and prerequisites which are important for collective negotiations in the public sector. The state administration also carries out registration of social partners, tasks related to determining the representativeness of social partners, registration of collective agreements and decision-making on the extended effect of the collective agreement. Relevant authorities, councils, state administration boards and special organizations perform their activities through tripartite and bipartite social dialogue, and decisions are made by consensus. The state administration performs and ensures the performance of state functions important for collective negotiations in the public sector, conducts a procedure for obtaining the authority of representatives of state bodies and public services to start, negotiate and conclude a collective agreement. Also, the state administration has an active role in the process of registration of the collective agreements, as well as in the obligatory mediation and conciliation and arrangement of the minimum work process in activities of general interest. The state administration maintains the legal order and secures public interest through the procedure of concluding and applying collective agreements in the public sector. Through the realization of these activities, the participation of state entities in the conclusion of collective agreements opens the question of the legal nature of collective agreements, that is, leaves the possibility for the analysis
and comparison of the collective agreement and the administrative contract. Collective agreement is a general act, but in its adoption, administrative-legal relationship is recognized as a significant relationship which is regulated by numerous norms of international and national law. Both contracts are concluded with the agreement of the contracting parties, and with the reduced authoritative function of the state administration.
A particularly collective association of state bodies and public services can be considered as social acts that regulate rights, obligations and responsibilities from the employment of public sector employees, which contain mandatory and normative parts, but each is an autonomous source of labor law in the public sector.
Authors Key words
državna uprava, javni sektor, kolektivno pregovaranje, kolektivni ugovor, zaposleni, državni službnici, javne službe, kolektivni radni spor, posredovanje
Authors Key words
public administration, public sector, collective bargaining, collective agreement, employees, civil servants, public services, collective labor dispute, mediation
Classification
349.22:331.106.24]:35(043.3)
349.22:340.5](043.3)
331.109.64:34.04](043.3)
Subject
S111
Type
Tekst
Abstract (en)
The Republic of Serbia represents an employer for civil servants and employees, for employees who perform tasks within the scope of state administration bodies, courts, public prosecutors' offices, for police officers as a separate category of civil servants, etc. The regulation of the labor legal status of these persons is also carried out through the conclusion of special collective agreements in addition to the normative. A significant part of the state administration is made up of public services that, by their significance and manner of carrying out tasks of general interest, as well as by the method of financing, represent the central level of the state that encompasses the entities which are responsible for the provision of predominantly non-market services which the state is obliged to provide in order to meet the general needs of its people. The concept of administration has been established as a profession of general interest. Administration carried out by the state authorities itself is viewed in a narrower sense, and when we look at the administration through public services or public administration, we have to bear in mind that non-state actors are also entrusted with administrative activities. Based on the nature of their work, state authorities have a significant administrative function in regulating tasks and prerequisites which are important for collective negotiations in the public sector. The state administration also carries out registration of social partners, tasks related to determining the representativeness of social partners, registration of collective agreements and decision-making on the extended effect of the collective agreement. Relevant authorities, councils, state administration boards and special organizations perform their activities through tripartite and bipartite social dialogue, and decisions are made by consensus. The state administration performs and ensures the performance of state functions important for collective negotiations in the public sector, conducts a procedure for obtaining the authority of representatives of state bodies and public services to start, negotiate and conclude a collective agreement. Also, the state administration has an active role in the process of registration of the collective agreements, as well as in the obligatory mediation and conciliation and arrangement of the minimum work process in activities of general interest. The state administration maintains the legal order and secures public interest through the procedure of concluding and applying collective agreements in the public sector. Through the realization of these activities, the participation of state entities in the conclusion of collective agreements opens the question of the legal nature of collective agreements, that is, leaves the possibility for the analysis
and comparison of the collective agreement and the administrative contract. Collective agreement is a general act, but in its adoption, administrative-legal relationship is recognized as a significant relationship which is regulated by numerous norms of international and national law. Both contracts are concluded with the agreement of the contracting parties, and with the reduced authoritative function of the state administration.
A particularly collective association of state bodies and public services can be considered as social acts that regulate rights, obligations and responsibilities from the employment of public sector employees, which contain mandatory and normative parts, but each is an autonomous source of labor law in the public sector.
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