THE POLITICAL AND LEGAL PHENOMENON OF LEGAL TRANSPLANTS IN LABOUR LAW WITH A FOCUS ON EMPLOYMENT RELATIONSHIP

The focus of this thesis are legal transplants theories and their motives as well as their application to the labour law. More specifically, in the thesis these theories are applied to the regulation of employment relationship in Montenegro, a reform process that has been in place in the country in recent years (as in other countries in the Balkan region) and involves both legislative and institutional change. The case study of Montenegro will analyse how the processes of economic transition, which have involved both legal and institutional reform, affected the creation of the employment relationship. The case study analysis starts by considering the roots of the Montenegrin legal system, focusing specifically on the transition from the emergence of some form of the contract of employment in 1910 and then its marginalization in the 1950s during the socialist self-governing political system to the new democratic-based national constitution in 1990s. It hence investigates how the country has been able (or not) to introduce a new type of regulation of the employment relationship through the contract of employment and legal borrowing.