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• The Role of Collective Agreements in the Regulation of Working Time

  Gábor Kártyás

  Views:

  112

  The paper examines the role of collective agreements in regulating working time within the EU and Hungarian legal framework. It points out that although EU law provides collective agreements with considerable leeway to specify rules on working time and, in certain cases, to deviate from the working time directive, Hungarian labour law differs significantly from this approach. According to domestic research, collective agreements have low coverage, and in many cases the content of existing agreements is merely a literal repetition of the statutory rules. The study also analyses the collective agreement for the electricity industry which has extended scope for the whole sector. Overall, the author concludes that the Hungarian legal environment does not sufficiently encourage collective bargaining in the area of working time regulation and recommends a review of the regulatory framework.

• Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards

  180-202

  Attila Gábor Kószás

  Views:

  312

  In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.

• Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils

  65-80

  Áron Péter Balogh

  Views:

  304

  The study focuses on the separation of two classical institutions of collective labour law: the labour unions and the works councils. Traditionally, labour unions are associations intended to represent and protect the collective interests of workers; works councils are units that exercise the workers’ participation rights, and are mechanisms where the employees can influence the decisions of the employer at the workplace. The distribution of traditional union and works council authorities, however, is not that obvious, especially from a practical point of view. The study strives to highlight those areas where the unions and the works councils appear as opposing parties, especially focusing on works agreements with normative power, from a practical and an international comparative perspective, and to offer solutions de lege ferenda.

• Collective Wage Bargaining and the Related Challenges of Labour Law and Labour Relations Regarding Public Services Operated by Publicly Owned Companies

  148-161

  Imre Szilárd Szabó

  Views:

  347

  In the case of state- and municipality-owned companies providing public services, the 2021 salary increase was settled with a six-monthly delay, which was manifested in three-year, so-called “income policy” agreements. However, for the purposes of this paper, the process became relevant mainly due to the aspect of labor relations and it also became suitable for a legal science analysis. During the course of this, within the available space limits, I discuss the process of salary negotiations (with its labor law content and consequences), the theoretical bases of the different collective labor law regulations regarding public assets, and finally, the newly emerging practical issues related to the strike rights regulation of this sector.