Search

Search Results

• Theoretical issues of equal treatment in relation to the legal classification of labour law

  57-79

  István Herdon

  Dóra Takács

  Views:

  157

  There are many national and international academic debates on the classification of labour law. On the one hand, labour law can be categorised as private law when we consider the establishment of employment relationships. The legal basis for an employment relationship is exclusively the employment contract, thus labour law belongs to classical private law. On the other hand, the content of the employment relationship can be determined not only by the employment contract, but also by a number of other rules. These norms typically have public law content and, as so-called public law elements of labour law, seek to limit the contractual freedom of the parties. The existence of public law elements is typically justified by the legislator on the grounds that there is subordination between the parties in the employment relationship, so that the contractual balance of rights, which is characteristic of private law, is shifted in favour of the employer. The presence of elements of public law, and in particular the requirement of equal treatment, is intended to redress this imbalance in employment law by limiting the contractual freedom between the parties. In the present article, we examine in particular whether the presence of public law elements gives labour law a specificity of its own. In addition, focusing on the principle of equal treatment, we examine how the prohibition of discrimination in labour law and classical private law can be interpreted and whether this general behavioural requirement is capable of redressing the balance that has been shifted between the parties. Finally, we ask the rhetorical question: if the requirement of equal treatment is capable of redressing the balance, why is there a need for additional public law elements in labour law?

• Living fabric on a metal frame, or the possibilities of asserting the claim of the "platform worker"

  141-161

  Gergely Árpád Kiss

  Dóra Varga

  Views:

  98

  Our aim in the present research is to present the theoretical and practical problems related to platform work, focusing on their subjects and possible legal gaps and other anomalies in legislation and enforcement.

  The study is mainly based on two major pillars, in which – perhaps not in a very usual way –the old and current problem are presented, namely the classification issues related to employee status, the situation of employers, precisely the installation and enforceability of employer rights and obligations.

  It is an undeniable fact that most of the studies in this field focus primarily on employee classification. Although, for the sake of this study, we want to focus on the relationship between the parties, as the legal relationship can be interpreted and analyzed in its entirety if – in addition to mapping the circumstances of the persons performing the work – the exercise of partial rights between the platform and the employer is sufficiently examined.

• The legal consequences of the unlawful termination of the employment relationship by the employer in the light of Act I of 2012 on the Labor Code

  125-144

  János Kormos

  Views:

  91

  Highlighting the consequences of the illegal termination of the employment by the employer, the thesis presents its recent short historical background, development direction, current regulation – mainly the Act I of 2012 on the Labor Code (Mt.) 82. § (1), (2) and (4)
  paragraphs –, especially the practical application of the judicial experience accumulated over more than ten years. The thesis covers the legal basis of the labor law claims presented against the employer's decisions in question, as well as the summativeness of the issues, calling for help the case decisions of the higher courts, i.e. either the judgment boards or the Kúria, made in similar matters, which can be considered as guidelines in the application of the law.