Systematic thinking about the employee status

Jakab, Nóra (2018) Systematic thinking about the employee status. Lex et Scientia, 25 (2). pp. 56-68. ISSN 1583-039X

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Abstract

In labour law, the freedom of contract being more restrictive than in civil law is violated by limiting the freedom of choice, for example in quota regulations. This conflict at the level of labour law regulation can be barely resolved in case of some vulnerable groups, like persons with disabilities. This is particularly true when labour law regulation is left alone waiting for the solution to resolve the conflict. In labour law, therefore, the restriction as a legal fact at the conclusion of the employment contract and its legal effect during the full employment relationship applies due to the increased need of the vulnerable employee to protect working time, rest, wages, derogation from the employment contract, termination of employment, even in the case of an incapacitated employee, even in the case of liability for damages. Freedom of choice conflicts with restriction of choice, which then affects the content of the entire legal relationship. The problem is even more complicated because the policy of equal opportunities regarding the various vulnerable employees is heterogeneous, so are the regulatory solutions for potential employees with some protected characteristics, be it gender, age, race, religion, political belief or disability. The principle of non-discrimination, preference and reasonable adjustments have come to life, and have not taken the usual forms of private law - dispositivity - but are principles of strict compliance.

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