Radno i socijalno pravo

Милица Ковач-Орландић, мастер, Право на стручно усавршавањее и концепт доживотног учења, Радно и социјално право, стр. 53-72, ХУ (2/2011) I = ље—= ———=—њ

Milica Kovac-Orlandié, M. Sc. Associate at the Faculty of Law of the University of Donja Gorica

THE RIGHT TO PROFESSIONAL SPECIALISATION AND THE LIFELONG LEARNING CONCEPT

Summary

Undoubtedly, the right to professional specialisation and lifelong learning concept is of enormous significance for every state. Thus, investing in education becomes the most important investment in own future and development. To be able to respond to the challenges of the modern world, a state must be able to respond to the needs of technological progress and to mitigate the consequences of permanent development of new know-hows, i.e. of obsolescence of the existing know-hows. It can be achieved only it the state provides for its citizens quality education that does not end in elementary or secondary education, but represents a continuous process that is as long as working lifetime duration of an individual.

The issue of permanent development is burdening the whole of Europe to certain extent. If Europe wants to continue a successful economic race with the other parts of the world (e.g. Japan), it must do much more to improve its quality of education, development of innovation and creativity, as well as to accept lifelong learning as a real programme orientation. These are also the recommendations given by the European Commission and are to be realised by 2020.

Professionalisation is closely connected to many institutes of Labour Law, therefore it occurs as highly important for every employed person in that context. The issue of professionalisation and employee's capacity becomes crucial when labour relations are entered, a labour contract is terminated or with some forms of discrimination and competition at work. Thus, majority of employers when entering labour relation foresee, as a separate condition, a preliminary check up of applicant's working skills or entering a labour contract in a form of trial work.

Although acknowledged in numerous legal international and domestic acts, the right to professional specialisation is not easily realised. Some of the reasons why this right is not easily realised are the following: lack of motivation of workers, lack of financial means, conditionality on employer's needs, undeveloped awareness on the necessity of permanent specialisation, lack of a qualified faculty, etc. In regard to our environment, we believe that