Hungarian Labour Law
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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
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Hungarian Labour Law
- 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.
- 10. Wages  Salary  Minimum wage  HUF 98,000/month (323,17 EUR) and HUF 564/hour.  Living wage-Living wage HUF 65,000/month (216,53 EUR) 
- 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