Judicial protection of employment rights during the COVID pandemic on the territory of the Autonomous Province of Vojvodina

Vavan, Zoran and Gajinov, Tamara and MIjatović, Marija D. (2023) Judicial protection of employment rights during the COVID pandemic on the territory of the Autonomous Province of Vojvodina. Kultura polisa, 20 (3). pp. 128-145. ISSN Kultura polisa (Online)

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Abstract

Based on the collected case law of the basic courts in the Autonomous Province of Vojvodina (hereinafter: APV) from 2016 to 2022, the authors examine the frequency and reasons for initiating employment disputes, especially during the COVID-19 pandemic, and assess the extent of the negative impact the pandemic had had on the world of work and the degree of violation of employees’ rights. The authors also suggest ways to improve and supplement the existing labour law framework, which contains numerous legal gaps. Notable among these is the lack of definition and type of disputes that arise on the basis of the employment relationship. The aforementioned gaps facilitate illegal practices, especially regarding flexible forms of employment and generally frequent cases of illegal dismissal by the employer. The research has confirmed that courts of general jurisdiction are commonly overloaded with labour disputes. Therefore, establishing special basic and appellate labour courts merits further consideration.The authors conclude, with certain reservations, that the pandemic conditions did not cause an additional increase in pending cases in the labour disputes section. The disputes related to payment of the employee’s monetary claim against the employer are the exception since these disputes were the most frequent and significantly increasedin number during 2020 and 2021.

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