THEORETICAL AND LEGAL CONCEPT OF A SUPPLEMENTARY WORK IN SERBIA

Abstract

A suplementary work has existed in theory and legal solutions for a long time. This paper deals with the review of attitudes about the legal nature of the bywork, which can be in the form of employment or work without employment, depending on the determination of the legislator. Serbia's positive legal solution regulates it as a work outside the employment relationship. The methodological approach to the topic determines its structure and content, where, in the first part, we deal with the concept of additional work, its theoretical and earlier legal concepts, and in the second, positive legal solution, to conclude its application in practice and possible practical significance in the future. The institute of additional work has yet to experience real affirmation. The role of additional work, as well as other forms of work outside the employment relationship, is important in returning to the legal flows of many illegal forms of work, especially "undeclared work". The commitment to analyze the legal nature of the subject of this paper, which allows optimal practical use and importance in the labor market, is determined by previous experiences and knowledge about the importance of this institute in our country, which, unfortunately, are not based on clear, exact, data and indicators, because there is no relevant research on this, but they are based on well-founded, but rebuttable, assumptions ("praesumptio iuris tantum"). In the function of that goal, it is logical to ask questions about this institute and its impact on employment, in the context of sufficient or insufficient use by employers and potential executors of work in this form. For the author, the importance of each, regulated by law, a form of work engagement is indisputable, even in the conditions of theoretical and legal vagueness and imperfection.