Hungarian Labour Law. Including the following topics: History of labour law
Legislation in Hungary
Individual labour law
Employment contract
Working time and the rest period
Wages
Maternity leave
Liability for damages
Collective labour law
Collective agreements
Strikes and lockouts
Labour disputes
Conclusions
Made by Csilla Katona and Adam Miko
2. History
1922-ILO
1957-1. Labour Code- Decree-Law
1957.évi VII. Törvényerejű rendelet
-principles of relationships and comprehensively regulated, employer
disproportionate influence conferred, primarily referring to the "national
economic interest."
1992- Labour Code was intended that the right of
individual and collective labor agreements
1 July 2012-new Labour Code
3. The sources of labor law system
Constitution (labor law principles):
1 Provision of jobs, the economy - workers and
employers sustainability and taking into account other
social purposes – together each other.
2 Defined in the Act, workers, employers, and their
organizations have the right to negotiate with each
other to carry out its basis to conclude a collective
agreement, jointly take action to defend their
interests, maintain or lockouts.
3 Every worker has the right to health, safety and
dignity respect to working conditions.
4 Every worker has the right to daily and weekly rest
periods and to an annual paid leave.
4. The sources of labor law system
1 Labour Code (Act I, 2012th year)
2 Kjt. (Act XXXIII. 1992nd year)-regulations for public
employees - in order to carry out public functions basically mandatory, but it is possible to conclude a
collective agreement is, however, collective bargaining
agreement shall not be contrary to the law.
3 Kttv. (Act CXCIX. 2011th year)-Regulations for civil
servants should not be mandatory, collective agreement
connected, and the individual agreement that there is little
potential
4 Other laws (Law strikes, etc.).
Other legislation (Decree, Decree, etc.).
Collective agreements
5. Employment contract
Definition: the employment contract of the parties created
mutual consent statement bilateral transaction that the
employment relationship and create content seeks a
declaration- an employment contract, the employee is
required to work performed under direction of an
employer, your employer is required to workers employed
and paid wages.
Form: the employment contract must be written a written
employment contract incorporating
the employer is required to provide for failing to writing a
book only the employee's employment contract is invalid –
refer to after 30 days
6. Employment contract
Full names and RELEVANT DATAs(birth date and place, mother
name, adress, ID card number, Tax-card number, adress card
number)
Required reserves1 Without a mandatory element of the employment relationship is not
created
2 required to be included in the contract of employment: a job and
personal the basic wage agreement, essential elements of the
employment relationship cover.
3 the job to be done under the contract of employment work activity
summary description
4 For a personal base wage, the parties agree to a specific monetary unit,
is the unit of time employees work involves: physical usually hourly
wage workers, non-manual workers are paid monthly
5 distinguish between performance pay the hourly rate or the payment
for work done performance
➢
7. Employment contract
Naturally:
1 natural substance of the contract of employment of contract labor in
general are self-explanatory, no explicit provision is organized content
the terms of natural law is usually dispositive provisions
include, from which the parties may, in the absence of an express
provision however, it is expressed that the dispositive provisions of the
Act set out the conditions will meet their
2 business day following the date of entry into employment as the
labor contract is concluded
8. Employment contract
Modification of the contract /
Although durable, garden-type relationship, the employment
relationship, a change in circumstances require an amendment to the
employment contract. Generally, the employer's sphere of interest
arises the reason for the modification, the employee is more
interested in the stability of employment.
A contract modification may affect the parties, subject to legal, title, and
content.
Termination
Cessation of employment means that the parties specify for an
involuntary statement, a set of objective conditions, the onset of the
leaving the employer at a time, automatically.
In case of cessation:
1 worker's death
2 termination without legal successor employer
3 the expiry of the specified period
4 If a separate business entity which is the basis for the employer's
subrogation transaction
receiving or under the provisions of the Labour Code does not act
within the scope of employer
9. Working time and rest
Basic framework-00:00 am to 24:00 pm
Total daily work time is 8 hours
Rest period-
1breaks
2 the rest period
3 the weekly day of rest
4 the weekly rest period
5 non-working day
6 holiday
Holidays
20 working days per year.
11. Guarantees, safety and health
➢
Maternity leave
➢
Safety
➢
Labour discipline and liability for damages
➢
labor law liability
12. Collective Labour Law
Tripartite relationship
XIX.chapter in the Labour Code
Made to protect social and economic
interests
Shall guarantee the freedom of
Organization
Participation in the organization
Shall regulate the collective bargaining
13. Collective Agreements
Can be conducted by
Employers, trade unions, authorization
Can cover rights and obligations
Only in WRITTEN form
Not changeable before the expiry date
Only if both of the parties are agree
Gives more freedom
14.
Act VII of 1989
Shall have the right
Volunteer participation
Cannot be forced
Illegal strikes
Unlawful
To change the collective agreement
No right to strike
Strikes
Judicial authorization, Hungarian Army, Law
Enforcement
No lockouts
15.
Labour Disputes
Meaning:
a controversy between an employer and its
employees concerning the terms or
conditions of employment, or concerning
the association or representation of those
who negotiate or seek to negotiate the
terms or conditions of employment
2 types
Individual
Collective
16.
Judicial way-almost always
Labour Court
3 judges
Procedure
Individual
Civil procedure (separated rules)
Trade union can represent the employee
Trial begins with a meeting (judges and the
parties)
17.
2 phase
1st phase:
Conciliation committee to resolve the
problems
Conciliation committee made by
Collective
The employer
The works council or trade union
2nd phase:
Court section
18.
The new labour code aims
to allow more flexible regulation of work
Conclusions
to regain competitiveness
opening up the possibilities for cost cutting
Aim of the government was to carry out
revolutionary changes in Hungary