The problem of persons having a similar legal status as employees (workers), and the absence of regulating this legal status in the Hungarian labour code: The “third estate” of the labour market

Kiss, György (2013) The problem of persons having a similar legal status as employees (workers), and the absence of regulating this legal status in the Hungarian labour code: The “third estate” of the labour market. In: Recent Developments in Labour Law. MTA-PTE Research Group of Comparative and European Employment Policy and Labour Law . Akadémiai Kiadó, Budapest, pp. 259-279. ISBN 978 963 05 9392 2

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Abstract

The new Hungarian Labour Code (Act I of 2012 of the Labour Code) (hereinafter referred to as the “Current Labour Code”) was adopted by the Parliament in December 2011 and came into force on 1 July 2012. This code brought about a conceptual change in relation to the former regulation and obviously will induce many debates in the future. In this study the problem of the legal status of “persons having a similar status as employees” is analysed. The new approach of the different legal status of employees (in a wider sense) and the employment relationship can be deemed as the basis of the reformation of the labour law. The clarification of this legal status can change the structure and personal scope of the labour law. In this study the author analyses, as a starting point, the substance of traditional employment (Section 1). After this it is necessary to show why this formula became instable, with special regard to the change of the employer’s structure (Section 2). The next part deals with the differentiation of the legal status of employees (Section 3), and then the criteria of the legal status of persons having a similar status as employees are listed (Section 4). Finally it is expoundded the legal status of persons having a similar status as employees (Section 5).

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