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

  Gábor Kártyás

  Views:

  103

  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.

• The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests

  31-47

  Tamás Prugberger

  Views:

  621

  The paper consists of three parts. The first part introduces the multiple changes – mostly in the favour of employers – in regulation in Hungarian labour law based on the Working Time Directive. The newest idea is also connected to these changes because the reference period may be significantly extended in Hungarian law even a longer period is planned than in the directive. In the second part I analyse the relevant regulation from a critical point of view pointing out the lack of some clear concepts in the Hungarian regulation. The paper highlights the following: at several employers the workplace and the employees’ place of residence were near to each other but nowadays these workplaces are changed and the employees need to take much more time-consuming trips to the actual workplace. the third part examines the relevant case-law of the CJEU.

• Rest Periods in EU Labour Law

  75-92

  Gábor Kártyás

  Views:

  278

  The paper aims to approach the dilemmas of EU working time rules from the novel perspective of rest periods. It examines the functions and nature of rest periods in EU law, with special regard to the ECJ’s recent judgment in the MÁV-Start case (C-477/21). The analysis tackles the question whether rest periods should be regarded as a right or an obligation of the worker and visits the issue of the possible role of a separate right to disconnect. The analysis ends with some conclusions.