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13 Balkan Soc. Sci. Rev. 7 (2019)

handle is hein.journals/bssr13 and id is 1 raw text is: 







THE  RIGHT OF ACCESS TO THE COURT IN INDIVIDUAL LABOR
                              DISPUTES

                       Katarina  KNOL   RADOJA
                           Assistant Professor
        Faculty of Law, Josip Juraj Strossmayer University of Osijek
                                 Croatia
                            kknol@Dravoshr



     Abstract
     By analyzing and comparing the regulations, domestic
     jurisprudence and practice of the European Court of Human Rights
     this paper aims to identify the problems faced by employees when
     they seek the protection of their rights in labor disputes, and to
     propose  possible solutions. In the Republic of Croatia, the Labor
     Act  stipulates the obligation to strive to achieve a negotiated
     settlement before seeking protection of the court. The employee
     may,  within  a limited period of  time, turn to the employer
     requesting protection. If the dispute is not resolved by agreement
     within  the set deadline, the employee may,  again, within the
     preclusive deadline, demand the protection of the violated right
     before  the court. Therefore, apart from exceptional cases, the
     employee  cannot  claim protection of violated rights before the
     court until these procedural prerequisites are fulfilled. Because a
     satisfactory and rapid solution for both parties to the dispute is
     important for the economic development of the entire environment
     from  which such a dispute arises, a settlement out of court is much
     preferable. The problem is that the process of pre-addressing an
     employer  with the application for protection of the right in practice
     is often only a mere formality that needs to be fulfilled before
     submitting a lawsuit to the court, so it is often not very useful. In
     addition, it could  be  argued that this procedure  limits the
     employee's  right to access to a court and a fair trial because an
     employee,  as a procedural party, is, in relation to an employer, in
     an unequal procedural position.

     Key   words:  labor  disputes, peaceful settlement of disputes,
     deadlines, access to court, Croatia.

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