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• Questions of organizing working hours in regard to public holidays

  134-147

  Lajos Pál

  Views:

  185

  The 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.

• The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests

  31-47

  Tamás Prugberger

  Views:

  477

  The paper consists of three parts. The first part introduces the multiple changes – mostly in the favour of employers – in regulation in Hungarian labour law based on the Working Time Directive. The newest idea is also connected to these changes because the reference period may be significantly extended in Hungarian law even a longer period is planned than in the directive. In the second part I analyse the relevant regulation from a critical point of view pointing out the lack of some clear concepts in the Hungarian regulation. The paper highlights the following: at several employers the workplace and the employees’ place of residence were near to each other but nowadays these workplaces are changed and the employees need to take much more time-consuming trips to the actual workplace. the third part examines the relevant case-law of the CJEU.

• Rest Periods in EU Labour Law

  Gábor Kártyás

  Views:

  107

  The paper aims to approach the dilemmas of EU working time rules from the novel perspective of rest periods. It examines the functions and nature of rest periods in EU law, with special regard to the ECJ’s recent judgment in the MÁV-Start case (C-477/21). The analysis tackles the question whether rest periods should be regarded as a right or an obligation of the worker and visits the issue of the possible role of a separate right to disconnect. The analysis ends with some conclusions.

• 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:

  1275

  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.

• Women at the Crossroads of Family and Employment Policies

  Sára Hungler

  Ágnes Kende

  Views:

  1335

  Labour 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.