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Foreign Loan: Cross-border temporary agency work in Hungary, with special regard to the employment of third-country nationals
43-60Views:250The special feature of temporary agency work is that the employee does not work for the agency which concludes the employment contract with them, but for a third party, the user company, with which the agency enters into a civil law contract for the remunerated transfer of workforce. The article summarises how an international element can appear in this tripartite employment relationship. It covers the rules under which an agency may conclude an employment contract with a foreign employee and also the cases where the agency and the user company are established in different states. Although Hungarian law generally prohibits third-country nationals to work in Hungary as agency workers, this is made possible by an expanding range of exceptions. The article explores the labour law and social security law situation of third-country agency workers in Hungary.
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Hungarian Regulation of Temporary Agency Work from the Aspect of EU Directives
55-78Views:917Temporary 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.
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Working Through Internet in Hungarian Law. Regulation Instead of Banning?
83-95Views:369Working 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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The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services
83-100Views:171The 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.
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Digitization at Work: Expanding Horizons with Loopholes
61-80Views:420The focus of the study is on the emergence and spread of digitization in employment. In this context, the study presents the forms of work that use digitization. On the other hand, it describes the labour market effects of digitalization. The study looks in detail at how COVID-19 has changed the role of teleworking and the home office in employment. This is followed by the presentation of the Hungarian labour law regulation, which deals exclusively with telework. The study makes two proposals to address the codification gap. On the one hand, in connection with application-based work, the introduction of the status of a person with a similar legal status to an employee, which was regulated in the draft of the Labour Code. On the other hand, to impose employer obligations (retraining, job offers) in connection with the spread of automation and robotics in order to prevent dismissal.
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The Importance of Health and Safety in the Liability of Employers for Damages
175-191Views:207Employers 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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Is This the Way Labour Law Should Protect the Employee? Review of György Kiss’s New Book
203-212Views:160Our review is about György Kiss's book, its title being Employment Flexibility and the Protection of Employee Status (A Possible Approach to Examining the Content of the Employment Relationship). The work raises the question of the future of labour law regulation, using the results and findings of the past. After describing the roots of Roman law, we can learn about the development of the current form of labour law through the development of the Germanic, Francophone and Anglo-Saxon legal systems. In addition to the historical view, the dogmatic foundations are also outlined in the work, so the content processing of the employment contract takes place on several levels before the author discusses the labour law applicability of the relational contract theory he raises. The description of all these bases makes the work suitable for those interested in labour law to better understand the contractual theories of different legal systems. We want to give an insight into this in the review, so that in addition to presenting the work, our own personal views and opinions will also appear.
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Balancing Work and Life: New Developments in the Field of Legal Protection of Workers
25-44Views:166The 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.
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Challenges of Sustainable Employment
111-128Views:135When the Green Deal says we need to rethink policies for clean energy (see economy, industry, production and consumption, large-scale infrastructure, transport, food and agriculture, construction, tax policy, social benefits) what does this really mean for employment? What would it mean for the world of work if employment were to focus on sustainability, climate protection and the common interests of society? What changes would a shift to a greener economy bring about in the labour market? How would it affect already vulnerable groups of workers? One possible answer to these questions already exists: green work, which is the subject of this study.
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The role of Community Work in Decreasing Prison Population: the Finnish Experience
81-96Views:165A major part of the endeavours in recent punitive policy is to find alternatives for imprisonment. By a well-thought-out application of alternative sanctions and especially community work, criminal policy may greatly affect the proportion of the imposed sentences of imprisonment. One of the good examples can be seen in Finland, where the prison population of 200 convict per 100.000 citizens could be decreased to the quarter in a few decades. This study endeavours to present this process, hoping that such a short review may be usefully edifying also for Hungarian criminal policy.
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Data Protection Requirements in the Relationship between Temporary-work Agency and User Undertaking
70-82Views:141In 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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Work of Costantino Mortati in the Field of Public Law
23-41Views:94The aim of my article is to present an overview of certain stages of Costantino Mortati’s scientific work (Constitutional Court’s judge and professor of law) on the basis of Italian bibliography. His most popular work, entitled “the Constitution in material sense” (1940) conforms to problems and methodology of Italian constitutional law, while it reflects to contemporary schools of European jurisprudence and changes of institutions and theories of modern state. Behind Mortati’s theories about the State and the Constitution, the Italian liberal state regarded as heritage of risor- gimento, and the symptoms of its crises, birth and fall of the totalitarian state and the fundamental public law-aspects of the democratic and republic state can be found.
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Questions of organizing working hours in regard to public holidays
134-147Views:154The 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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Questions of divisions of powers in the 21st century after the adoption of the new Fundamental Law of Hungary
24-37Views:296The question of division of state powers is a crucial part of constitutional law determining how state organs work (or should work) in theory and in practice. After the adoption of the new Fundamental Law of Hungary, there are some modifications in the Hungarian constitutional system, including the division of powers as well. In this study we examine the original model of “3 branches of power – 1-1 function” as a starting point, and the other factors and branches which can modify the original model. In the study we try to focus to the examples of the former and present Hungarian legal system as certain proves of our theory about the new frameworks of division of powers in Hungary. In the end of this study we also examine, as an indirect argumentation, the opposite side of the separation of powers, i.e. concentration of powers.
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Is the Implementation of Home Office Legally Feasible? The Criteria for Home Office and its Framework Within Employment Law
59-82Views:1154The 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.
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Remembering of the Work of Somló Bódog Juristische Grundlehre on the Centenary of its Publishing
149-157Views:109Remembering of the Work of Somló Bódog Juristische Grundlehre on the Centenary of its Publishing.
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Alternative Solutions to the Problems Posed by the Coronavirus Pandemic in the Field of Social Law (An International Outlook)
124-144Views:263The 2020 coronavirus pandemic is forcing such political, economic and social responses from the leaders of the nations of the world which in many cases have never been seen before. Excellent new concepts have been formed through the work of professionals, and there have been initiatives that have proven in the short term to be not well-founded. The present study was created in order not to miss the chance to examine the established practices, taking advantage of the opportunity provided by the crisis, as this year can offer many lessons for decision-makers for the future.
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Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research
114-132Views:195I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.
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Ideal image and the reality: the changing of career plan among stu- dents of law faculties in the university studies
81-113Views:167The present study examines how the image of profession changes for law students in the different stages of their connection with the profession. It assumes that at the beginning of their studies, law students have an idealised image of their chosen study program and the profession based on it. This image changes during the years of studying, and especially after graduation, it is shifted by work experience and by the factual state of the profession. Students of the Faculty of Law, especially law students identify themselves based on the internal and external elements of a prestigious profession, which was established hundreds of years ago. Due to their early career choice, their professional socialization during the first years at the university creates the ideal image of the legal profession, which they strongly relate to. The relationship of this ideal image to reality, and how different it is from the real situation of various professional groups of the legal profession is an important question. The present study answers this question based on the results of multiple empirical researches.
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Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás
209-220Views:79In 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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A Remark in Connection with Punishable Children: A Pro Futuro 2014/1. számához
140-143Views:107In the most recent issue of journal Pro Futuro a work was released about the criminal liability of minors, written by Anikó Pallagi. Several references are made by the author to my study, written about juvenile delinquency in Hungary eight years ago and published in the journal of Prosecutors (in Hungarian: Ügyészek Lapja). Unfortunately, she did it inaccurately as my statements and conclusions were misunderstood by her. The quoted statements are from the chapter, dealing with the problems of juvenile delinquency investigations and as a consequence they can be evaluated explicitly in the sphere of complex problems of investigations. the penalisation-depenalisation processes – beside the significant demographic changes – should not be disregarded when determining possible tendencies. I do emphasise that the change in the threshold values is just one of the possible means of penalisation. The statistical data series are to be analysed critically, the phenomenon of latency has to be considered as well.
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Specialities of Collective Labour Disputes
217-232Views:151We 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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’The more speech, the better’: Review of the Book of András Koltay on New Media and Freedom of Speech
Views:251At first glance, the new book of András Koltay seems to be a translation of his recently published volume, New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere (Hart International, 2019). Therefore, one would expect that the work itself does not provide any new information to those who already know the original in English. That could not be less true. As we get to the bottom of this false impression, the review shows the many virtues and minor mistakes of the book.
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The Importance of the Wage Guarantee Fund in the Framework of Labour Law Protection
177-192Views:181Act LXVI of 1994 on the Wage Guarantee Fund and the guarantee system regulated by it, is especially topical nowadays, as more and more employers in Hungary have become insolvent in connection with the crisis caused by the coronavirus epidemic. In many cases, the employers subject to the procedure are not able to meet their wage obligations to their employees, so the state must guarantee the values that can be expressed in exact monetary terms – the work performed and its financial compensation – and at the same time the social security of employees. In the present study, we examine the applicability of the Wage Guarantee Fund, which serves to cover the wages to be paid by insolvent employers, from the perspective of the social security and the enforcement of employees’ claims.
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Women at the Crossroads of Family and Employment Policies
Views:1228Labour market situation of young mothers highly depends on the convergence of family and employment policies. Since 2010 there have been important changes in the Hungarian policies in order to stimulate fertility and to enhance the female employment rate. In our research we combined legal and sociological methodologies to analyse the effect of these policies. We argue that Hungarian policy has been in a serious uphill struggle to find a balance between two contradicting principles: providing sufficient family allowances and maintaining labour market flexibility by weak protection of employees. This dichotomy of principles has led to an unsustainable employment policy and made women more vulnerable in the labour market. We suggest that the differences would be reconciled through labour reforms, measures concerning working time arrangements, part time work and protection against dismissal have to be revisited along with protection of fathers with young children.