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Enforcement options in case of abuse of unilateral power in the field of working time

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2023-03-31
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Mercédesz, S., & Sípos, M. (2023). Enforcement options in case of abuse of unilateral power in the field of working time. Debreceni Jogi Műhely, 19(3-4), 101-125. https://doi.org/10.24169/DJM/2022/3-4/4
Abstract

Apart from the aforementioned provisions of Act CXVI of 2018 amending the Labour Code's rules on working time, nowhere in our current legislation is there a meaningful request for employee consent on the subject of working time, which - even if an employer's ultima ratio is maintained - would be extremely beneficial, in our view, not only from a fundamental rights and social, but also from an economic-efficiency perspective. The fulfilment of the aforementioned obligation to harmonise EU law would also undoubtedly bring benefits in this area. However, it should be noted that European Union legislation does not provide a satisfactory solution to these problems either, as it does not itself contain sufficient legislative provisions to involve the employee side in decisions on working time/working patterns. In our view, the only solution would be a domestic legislative reform that would provide a solution to all the problems identified in our study in line with EU law, but with its own solutions.