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• The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU

  9-24

  Márton Leó Zaccaria

  Views:

  237

  This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.

• effects of Labour Law regulation on the employment Relations Based on the Connection between Social Rights and Labour Market

  26-40

  Nóra Jakab

  Henriett Rab

  Views:

  215

  In the world of employment we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover – according to the tendencies – labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint of the continental law systems. In this paper the emphasized question is analyzed through these two different approaches according to the following premise: the Anglo-Saxon legal thinking defining the current development of labour law bears significant differences related to the labour law regulation – which means the direct regulation of labour market – and to the legal guarantees behind employment as well. From the viewpoint of the labour market two main questions are examined in this paper: on the one hand, the expected and necessary level and method of public intervention in connection with social rights, and on the other hand the deepness of the intervention of labour law into the social relations driven by the market.

• Balancing Work and Life: New Developments in the Field of Legal Protection of Workers

  25-44

  Márton Leó Zaccaria

  Views:

  189

  The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.

• 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:

  171

  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.

• The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services

  83-100

  Flóra Orosz

  Views:

  189

  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.