A védelem hiánya a határozott időtartamú jogviszony jogellenes meghosszabbítása esetén

A new Labour Code entered into force in Hungary in July 1, 2012. One priority – among others – for the legislator was the need for a more balanced legal relationship for the parties both in collective and in individual labour law9 . This short paper analyses the regulation of the Labour Code connect...

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Bibliographic Details
Main Author: Rúzs Molnár Krisztina
Format: Article
Published: 2016
Series:Acta Universitatis Szegediensis : acta juridica et politica 79
Kulcsszavak:Munkajog - Magyarország
Online Access:http://acta.bibl.u-szeged.hu/53939
Description
Summary:A new Labour Code entered into force in Hungary in July 1, 2012. One priority – among others – for the legislator was the need for a more balanced legal relationship for the parties both in collective and in individual labour law9 . This short paper analyses the regulation of the Labour Code connected to successive fixed-term employment contracts. Both the former and the new regulation limited the total duration of successive fixed-term employment contracts in 5 years. The number of fixed term contracts is not maximized. Prolonging the fixed term contract between the same parties or concluding the next fixed term contract within 6 months from the termination of the previous contract is only possible if it serves the rightful interest of the employer and shall not violate the rightful interest of the employee. According to the former regulation though if the overall period of fixed term contracts succeeded 5 years or there was no rightful interest on the employer’s side to prolong the contract or prolonging the contract violated the rightful interests of the employee, the contract automatically turned to be an indefinite duration contract. The legislation in force declares that in such unlawful situations the rules of invalid employment contracts shall apply. The author argues that the consequences of invalidity are unfavourable for the employee since he loses entitlement to services (absence pay due and severance pay) and since the invalid situation has to be terminated immediately, the employee very likely loses his job.
Physical Description:559-563
ISBN:978-963-306-479-5
ISSN:0324-6523