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FLEXICURITY IN HUNGARY FROM THE MORE VULNERABLE PARTYВ’S POINT OF VIEW

N. Jakab, H. Toth

Abstract

A four-year research project on the protection of the more vulnerable party, supported by the National Scientific Research Foundation (K-120158), has been driven by the notion of flexicurity, which the Commentary of the Hungarian Labour Code also refers to. According to this the main question of the research shall be how the provisions of the Labour Law Code (in force since 01.07.2012.) protect the more vulnerable party, ie. employee. The examination of the Hungarian labour law provisions happens in six different fields. Firstly, one of the most important goals is to search the personal scope of labour law in the context of the social and labour market processes. Secondly, the research studies the situation of the vulnerable party in collective labour law. Thirdly, the research presents vulnerability in the provisions of the employment contract and liability for damages. Fourthly, the research focuses on legal provisions relating to termination of the labour relationship. Fifthly, the research examines the employees in the public sector searching if the employer will be the state and/or the local government, the lower level of protection of employees could be justified or not. Sixthly, a great part of the research analyses the protection of vulnerable party in a new working model, on social farm. Several research questions are raised within the six fields, all of them focusing on the changes of the Hungarian labour law regulation and trying to search for protection as the provisions practically resulted in favour of the employer. The answers shall be searched for in a broad, international and European context. The article points out some results of the research regarding the personal scope of the Hungarian labour law regulation. On the way towards flexibility civil law provisions have been implemented in the Labour Code of which dilemmas will be presented in the case of foreseeability. Issue of the employment contract will be highlighted while presenting the importance of the power of the partiesВ’ will so that employment contract could flourish.

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