Constitutional Court RS has ruled that the provisions of the Employment, Self-employment, and Work of Foreigners Act (Article 42). This relates to the ban on employing foreigners for employers who have been definitively fined, which is not unconstitutional.
As the Constitutional Court RS explains, the decision to ban the employment of foreigners in these cases should be understood as a measure to encourage economic entities to comply with the mentioned regulations. The purpose of these provisions is thus to prevent abuses or violations of legal provisions related to the employment of foreigners. This was stated as a goal of the regulation on the ban on employing foreigners already in the explanation of the proposal for the adoption of Article 7 of the Employment and Foreign Labor Act, Official Gazette of RS, No. 76/07 – official consolidated text – ZZDT, as one of the predecessors of Article 42 ZZSDT. The purpose is also to prevent violations of other legal provisions that economic entities must respect.
In other words, it aims to prevent breaches of the legal order. This goal and the regulation that follows it are also in the public interest. Respect for the legal order is one of the fundamental prerequisites for peaceful coexistence in society and a fundamental legal value that must be given considerable weight.
The full decision of the Constitutional Court RS can be read in the Official Gazette of RS.
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