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  • Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice
    123-138
    Views:
    291

    This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.

  • The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services
    83-100
    Views:
    171

    The present study examines the fundamental rights of disabled people using the service of social farms – especially people with disabilities and with reduced capacity to work. These rights are essential for these people in order to ensure their employment. These people are often cut off from the labour market, moreover, they cannot be present there. Therefore, fundamental rights ensured within the Fundamental Law of Hungary play a significant role for treating and employing them equally. Labour law and social law protection confirms this constitutional protection.

  • Hungarian Regulation of Temporary Agency Work from the Aspect of EU Directives
    55-78
    Views:
    917

    Temporary agency work was introduced into Hungarian law on the 1st July 2001. After nearly two decades of experience and numerous legislative changes, the domestic regulation of agency work is still not finished or coherent, and it is burdened with a number of EU harmonization shortcomings, constitutional concerns and practical problems. The purpose of this study is to examine the Hungarian legal regulation of temporary agency work from the point of view of EU law, while also highlighting a number of issues of domestic law that need to be clarified.