Hungarian Labour Law

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

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.

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 agreementconnected, and the individual agreement that there is little potential 4 Other laws (Law strikes, etc.).Other legislation (Decree, Decree, etc.).Collective agreements

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 incorporatingthe employer is required to provide for failing to writing a book only the employee's employment contract is invalid – refer to after 30 days

Employment contract

➢ Full names and RELEVANT DATAs(birth date and place, mother name, adress, ID card number, Tax-card number, adress card number)Required reserves-

1 Without a mandatory element of the employment relationship is not created2 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

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 provisionsinclude, 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 their2 business day following the date of entry into employment as the labor contract is concluded

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.

TerminationCessation 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 death2 termination without legal successor employer3 the expiry of the specified period4 If a separate business entity which is the basis for the employer's subrogation transactionreceiving or under the provisions of the Labour Code does not act within the scope of employerare5 otherwise specified by law

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 period3 the weekly day of rest4 the weekly rest period5 non-working day6 holiday

Holidays 20 working days per year.

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)

Guarantees, safety and health

➢ Maternity leave

➢ Safety

➢ Labour discipline and liability for damages

➢ labor law liability

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

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

Strikes

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 Judicial authorization, Hungarian Army, Law

Enforcement No lockouts

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

Individual

Judicial way-almost always Labour Court

3 judges Procedure

Civil procedure (separated rules) Trade union can represent the employee Trial begins with a meeting (judges and the

parties)

Collective

2 phase 1st phase:

Conciliation committee to resolve the problems

Conciliation committee made by The employer The works council or trade union

2nd phase:Court section

Conclusions

The new labour code aims

to allow more flexible regulation of work to regain competitiveness

opening up the possibilities for cost cutting

Aim of the government was to carry out revolutionary changes in Hungary