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Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás
209-220Views:81In today’s globalized labour law, where borders, especially within the European Union, seem to be increasingly blurred, cross-border situations are becoming more common. Due to digitalisation and technology, which is evolving at a rapid pace especially in the present situation, working abroad can now be carried out without the worker actually moving away from his desk, namely not physically entering another country. In view of this, the topicality and exciting nature of the processed topic can hardly be questioned. Following a holistic approach, the reviewed book guides the readers with unique detail and provides them with a sure point of reference on the swampy ground of the posting, which is surrounded by many challenges and conflicts of interests. In our review, we will describe and evaluate the content of the monograph along these sure points of reference.
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János Ede Szilágyi: Water Governance, Water Policy and Water Law (book review)
169-173Views:191Book-review from the book of János Ede Szilágyi, the title is Water Governance, Water Policy and Water Law.
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The New Zealand concept of the legal personality of water and its applicability in Hungarian legal order, especially in connection with lake Balaton
9-23Views:143The present article concentrates on two aspects of the legal personality of water. First, it deals with the national legislation of New Zealand, especially the „Te Awa Tupua (Whanganui River Claims Settlement) Act 2017”, in which the legislator granted legal personality to the Whanganui River. Second, the article focuses on a Hungarian initiative concerning the establishment of a legal personality for the biggest Hungarian lake, i.e. Lake Balaton. Is it a real alternative to renew the legal protection of the environment in the Hungarian law? The article tries to launch a theoretical and practical dispute on the topic.
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Questions of organizing working hours in regard to public holidays
134-147Views:159The study shows the dogmatic effect of the specific legal nature of public holidays on the organization and remuneration of working time. This effect can be seen in the duality that the public holiday affects (reduces) the duration of the parties' performance on the one hand, but also affects the conditions of actual performance, mainly because working time can only be prescribed under special conditions. But this duality also determines the dogmatics of public holiday pay rules: the legislature compensates for the reduced working hours due to public holidays, on the one hand, and the “inconvenience of work” that an employee performs on public holidays, on the other.
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Legal interpretation issues regarding the status of the trade unions
79-95Views:663The unique purpose and role of trade unions is the protection of the employees’ social and economic interests. As compared to the previous concept, the applicable labour code introduced a conceptually new approach with respect to collective labour law, including the purpose of trade unions, reducing the trade unions’ rights to such a minimum level which shall be generally granted for a civil organization operating in the interest of a certain purpose. In my study, some legal interpretation questions –without the ambition to be exhaustive – that arise in practice come under analysis, which highlight in a crystal clear manner the question as to what sort of practical issues are raised and interpretation possibilities are opened by certain items of the Hungarian labour law regulation in connection with the legal status of the trade unions and the exercise of their rights.
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Unfair Termination Review During Probationary Period: The Case of Iraq in Light of New Judiciary Trends
75-89Views:252Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.
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Changes of substantive and procedural law concerning the register of non-governmental organizations
148-163Views:126Provisions concerning the societies and foundations raise difficulties for judges, lawyers and judicial staff proceeding in the interest of registration of non-governmental organizations for a long time. The study examines the registration of non- governmental organizations with a view to provisions of substantive and procedural law and attempts to demonstrate problems being the cause of legal uncertainty. Finally the author puts forward a proposal for correction of regulation concerning the non-governmental organizations and suggests introducing methods in the interest of predictable application of law.
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The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests
31-47Views:426The 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.
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The Importance of Health and Safety in the Liability of Employers for Damages
175-191Views:213Employers are deemed responsible for the health and safety of their employees while they are at work. This study's focus is the exemption from liability based on the foreseeability principle introduced to the Labour Code in 2012. Despite the proclaimed policy change, courts have remained reluctant to grant immunity to employers based on Article 166 of the Labour Code in case of workplace accidents. The uncertainty of interpretation hinders the execution of the new policy and questions the importance of proper health and safety measures implemented by employers to avoid liability. The study focuses on recent case law and employers' practice. The first part analyses the conclusions establishing business decisions of the employers, further investigating the cost performance conduct: pay a fine or spend on safety and health measures. The second part of the study examines cases related to workplace accidents, which are divided into five groups. This group's special attention given to liability in case of extreme weather conditions, third-party accidents, work safety rule violations, accidents, employers' inspection obligations, and other cases.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:161The 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.
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Data Protection Requirements in the Relationship between Temporary-work Agency and User Undertaking
70-82Views:150In temporary agency work the relationship between the temporary work agency and the user-undertaking is often not adequately or correctly understood in the context of the processing of personal data. This leads to a deterioration of protection of personal data as well as labour market rights and obligations. The purpose of this study is to explore when we can speak about a controller- processor, a joint controller or a controller- controller relationship, which will clarify who has to implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is performed in accordance with the Regulation.
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New routes, new tools for the legal regulation of the labour market? Comments on the monograph of Attila Kun
157-165Views:175Book review on Attila Kun's book, the title is "A munkajogi megfelelés ösztönzésének újszerű jogi eszközei" Károli Gáspár Református Egyetem, L’Harmattan Kiadó, Budapest, 2014.)