Employment relationships in the public sector – a balance between the state, local and autonomous regulations

Abstract

This article analyses the role of the state as well as the roles of the regional and local authorities in the legal regulation of employment relationships with special attention on the public sector. The objective of this article is to identify the principles of international law that may serve as the demarcation line between the authoritative state regulation of employment relationships in the public sector and other kinds of regulation of these relationships. The main goal of the research is to present and evaluate the central international legislative acts with the aim to identify principles that can serve as a tool for evaluating the internal legislative processes. The main finding of the research is that the collective labour law of the public sector may not be proclaimed as being wholly in accordance with the modern labour law principles and standards, namely, that the important value of the freedom of collective bargaining is missing as are mechanisms for the effective prevention and resolution of collective labour disputes. In this regard, this article emphasises the role of decentralised social dialogue in the public sector including local levels, which is not present in Slovenia; however, the article may provide essential information, especially in the area of conflict prevention and resolution between public authorities and civil servants.