engleski

The regulatory framework for the institute of the termination of an employment contract by a decision of the competent court-the Republic of Croatia and a comparative overview

A worker performs his or her professional activity for an employer on the basis of an employment contract. In some circumstances, the contractual relation between the worker and the employer is marked by particular circumstances because of which the contractual parties find that the continuation of the employment relation is no longer possible while the reasons based on which the employer intends to cancel the employment contract remain undetermined and unjustified. For that reason, the Croatian legislation inproduced the institute of the termination of the employment contract by a decision of the competent court modeled on several European legislative solutions. Ever since its initial introduction into Croatian legislation, the general scope of that legal institute has not been changed. It is important to note that this institute is not uniform in all countries.The aim of this paper is to demonstrate the disparity between various legal methods of resolving court terminations of employment contracts, as well as possible improvements, especially in Croatian legislation. The paper relies on the following methods of research: legalistic, empirical, comparative and theoretical.

labour relations ; employment contract ; court termination ; comparative regulatory frameworks

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