Pravni položaj zaposlenih u slučaju promene poslodavca
Author
Dragićević, MarijaMentor
Obradović, GoranCommittee members
Kalamatiev, TodorKovačević-Perić, Slobodanka
Kovačević, Ljubinka
Bojić, Filip
Metadata
Show full item recordAbstract
The development of the Internet, Artificial Intelligence, e-business,
strong interstate and intercompany competitiveness, as well as
contemporary economic trends have highlighted the need for more
flexible business organization. The changing business environment
requires employers to adapt to new circumstances and focus on one of
the many restructuring models, involving inter alia the change of
employer’s legal identity as a result of status change (merger,
acquisition, division, separation) or legal transfer of an undertaking
(sale, lease, outsourcing, subcontracting, etc). These changes entail
positive economic activities aimed at enhancing competitiveness,
balancing profit and loss, enabling functional and administrative
unity, etc. However, the change of employer has a significant impact
on employees, whose term of employment may be terminated or
altered to the detriment of employees, who may be transferred to
another employer. Hence, the cognitive objective of doctor...al
dissertation is: (1) to identify the concept and cases involving change
of employer, in order to understand the limits of implementation of
employee protection regulations; (2) to point to the selective
systematization, imprecisions and legal gaps which have practical
relevance and consequences; (3) to determine the legal consequences
and emphasize the complexity of employees’ legal position during
and after change of employer; and (4) to investigate the level of
employee protection in case of employer change in domestic,
comparative and international law. It is achieved by applying social
science and legal science methods. The pragmatic objective of the
dissertation is: (1) to provide analytical overview, critically evaluate
the legal solutions for employee protection in case of employer
change, and determine whether positive law meets the legislator’s
requirements; (2) to consider the possibility of improving employee
protection to achieve social balance, based on the analysis of
international legal sources, comparative law and legal practice in
neighboring countries and the Republic of Serbia, and (3) to offer de
lege ferenda proposals for system modification.