SUBJECT MATTER AND NATURE OF LABOR DISPUTES

Abstract

This paper examines the legal framework and judicial practice concerning labor disputes in the Republic of Serbia, with particular emphasis on the application of the Labor Law (2005). It analyzes the fundamental concepts of the employment relationship, the conditions for its establishment, court jurisdiction, the typology of claims (constitutive, condemnatory, declaratory, and combined), and the substantive law nature of the preclusive period for filing claims. Special attention is devoted to exceptions concerning employees lacking legal capacity and cases involving incorrect legal guidance, in accordance with the principle in dubio pro laboris. Methodologically, the paper combines a normative analysis of the legislative framework with a critical review of the case law of the Supreme Court of Cassation and empirical examples, enabling the identification of key challenges and effective mechanisms for the protection of employees’ rights. The analysis indicates continuity in judicial practice both before and after the entry into force of the Labor Law (2005), emphasizing the balance between legal efficiency, the protection of employees’ interests, and the legitimate interests of employers. The conclusions underscore the importance of integrating theoretical and practical aspects of labor law, the necessity of improving institutional and preventive mechanisms, and the role of judicial practice in safeguarding legal certainty and the stability of employment relations. The paper contributes to a deeper understanding of the complexity of labor disputes, the application of the principle of preclusion, and the effective protection of employees’ rights, providing a basis for enhancing legal practice and fostering a secure and stable working environment.