Search

Search Results

• Is the Implementation of Home Office Legally Feasible? The Criteria for Home Office and its Framework Within Employment Law

  59-82

  István Herdon

  Henriett Rab

  Views:

  1161

  The year of 2020 was the challenge of “home office”. Although, the publicity uses the term of “home office” as the legal construction of working from home, this approach is misleading. Moreover, the Hungarian Labour Code does not contain any regulation about “home office”, while this legal source embraces two other methods in connection to work from home. These legal institutes are the teleworking and the legal relationship of outworkers. The problem with the aforementioned legal institutes is that the parties must take into account several rules and must apply these solutions regularly, on a permanent basis. However according to the legal literature, the “home office” is created by the economic and human resource management practice of the employers, where they intend to employ the workers mainly at home irregularly, on an ad-hoc basis. At the same time, “home office” does not have a legal framework in the Hungarian Labour Code, therefore the legal literature has been trying to find a real solution for this employment method in the general norms of the Labour Code. In the following article we are going to use the home office definition of the literatures and highlight the background legal institutes and concepts of this working method. Although we are going to set our opinion about which legal institute may be applicable in this sense, in the conclusion we are going to emphasise that legislation and rules regarding “home office” are indispensable.

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

  25-44

  Márton Leó Zaccaria

  Views:

  171

  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.

• The Problem of Defining Criminal Norms Precisely. The „Clarity of Norms” Doctrine in the Decisions of the Hungarian Constitutional Court and in Judicial Practice

  37-59

  Krisztina Ficsor

  Views:

  328

  The principles of legality in criminal law determine numerous requirements both for the legislator creating criminal statutes and for judges as well who decide criminal cases. One of the most important demands of legality is the principle of maximum certainty according to which the state must establish a system of criminal law in which the wording of the statutes are clear, precise and understandable for the citizens; and judges are able to interpret criminal rules without making arbitrary decisions. In the Hungarian legal system the demands of maximum certainty are represented by the principle of nullum crimen sine lege. This principle is called the „clarity of norms” doctrine in the practice of the Constitutional Court of Hungary (HCC) which is entitled to strike down criminal statutes which do not meet its requirements. The aim of this paper is to argue for the claim that the „clarity of norms doctrine” and the concept of certainty in criminal law is based mostly on considerations about the plain meaning of words and texts and lack a coherent theoretical background in the decisions of the HCC and in judicial practice as well. The author offers a more complex and coherent conception of certainty stating that its requirements relate not only to linguistic considerations but also to thinking over the moral and political values of criminal law as well.

• Some Labour Law Aspects of Psychological Contract Theory

  50-69

  Kristóf Tóth

  Views:

  204

  The aim of this paper is to present the central-topics of psychological contract theory, focusing on the relevant labour law contexts. The main research method used is an examination of relevant studies, articles and monographs on the topic, a secondary analysis of empirical research data systematically compiled by the authors, and an exploration of the main labour law aspects and contexts. The difference between an employment contract and a psychological contract is that while the former is a written, legally binding contract, the latter is a theoretical, abstract construct that contains the mutual and implicit expectations of the parties. A psychological contract therefore falls into the category of "extra-legal" contracts, but in certain cases, especially in the event of breach of contract, it may have legal relevance.