Aspects of audit and assessment of employee’s qualifications

This paper suggests that the implementation of the freedom of labor principle in relation to the employer while in the employment relationship, with regard to the audit and assessment of the employee qualifications, and the employer’s limit of freedom, depends on the employer’s legal status. If assigned, the employer's special legal status entails a special legal status of the employee and special employment norms provided by the employer. The presence of the special status allows employers to regulate fully the employment procedure, whilst having an established regulatory framework over the procedure empowers employees to protect their labor rights. Based on these assumptions, the author argues that protection level provided to the employee while in the employment relationship is directly related to the level of freedom extended to the employer over the same relationship. The more extensive entitlements the employer has, the greater are possibilities for employees to protect their rights. Employers who do not have special status enshrined in the centralized rule making, and job applicants likewise, are being in a relationship outside the law in terms of assessment of business skills. The subjects of law are forced into a situation in which it is impossible to fully realize or protect their labor rights. However, the legislator does not seek to resolve this situation, albeit some records of a positive trend are being observed in what concerns the regulation of employers with special legal status. It is concluded that the trend of centralized rule making is to maximize the regulatory framework for employment procedure as related to the employer with special legal status, by legitimizing an extensive list of assessment methods used to test business skills, and the assessment criteria, thereby leaving it for such employers to regulate employment procedures at their discretion and at the level of their structural units. The author observes on the necessity of further empowering the employer with regard to established procedures used to assess employees’ qualifications in order to legalize the local regulatory procedures of employment, legality of skill assessment procedures in order to promote these relations toward the legal field with view to strengthen the protection instruments available to subjects of labor rights relations.