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Working Through Internet in Hungarian Law. Regulation Instead of Banning?
83-95Views:359Working through digital platforms and apps is a new and rare form of work in Hungary. The spread of digital work is quite new all over the world and also part of the wider trend of precarious forms of work. Hungarian labour law faces serious challenges regarding crowdsourcing and working via apps. The main question is how to insert these new forms of work into the existing labour law framework. These new forms may hardly be considered as employment relationships due to the serious differences. Self-employment cannot be the solution either, since it would leave workers without any employment protection. Therefore, regulation of digital work is unavoidable, even if its details are far from clear for the moment.
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Specialities of Collective Labour Disputes
217-232Views:141We are currently living in a period when technological, economic and other changes fundamentally influence the nature of legal relationships. There is no difference in the labour law palette, as atypical employment is gaining ground in law enforcement circles. In our view, this development cannot be derived solely on substantive law, but should also be presented at the level of litigation and, where appropriate, ADR procedures. Perhaps it is somewhat ironic that it is precisely the collective labour dispute, which is not popular in Hungarian civil society litigation law, in which the emergence of innovative dispute resolution methods can be observed from time to time. Therefore, our work primarily examines the extrajudicial practice of collective dispute resolution, complemented by the solutions used in the legal systems of some countries less researched by the domestic labour law environment. Our aim is to highlight the potential of ADR methods in collective disputes and to explore new, unknown opportunities for domestic law enforcement.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:154The 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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Circumstances Affecting the Degree of Restitution in the Jurisprudence of Labour Law
192-208Views:80The study examines the dogmatics of the legal institution of restitution applicable in the case of infringements of personality rights in labour law, as well as looking at the functions determining the sanctions in the international and domestic legal environment. It classifies states based on the effect wished to be triggered with the legal institution as well as regarding the circumstances to be considered. It determines the governing factual elements and circumstances with regards to the degree of the institution of restitution. It projects the standpoints of special literature to the practice. It analyses and classifies trivial cases in the light of judicial case law.
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Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status
Views:115One of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants, having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.
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Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás
209-220Views:76In 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.