The Importance of Individual Self-Governance in Labour Law

Jakab, Nóra (2018) The Importance of Individual Self-Governance in Labour Law. ZBORNIK RADOVA PRAVNI FAKULTET (NOVI SAD), 25 (2). pp. 273-287. ISSN 0550-2179

Preview

Text 21 Jakab_megjelent.pdf Download (712kB) | Preview

Abstract

The essay focuses on the Hungarian Labour Law lawers’ thinking on th labour law including the authou special view on the private labour law, ie. employment contract. Károly Szladits says: “The characteristic feature of today's so-called public law development of private law is not an ever-increasing space of community thought or public interest coming to the front, but individual self-governance shrinking more and more noticeably and rather significant areas of the interrelationships of individuals becoming subjects of authority provisions, like e.g. in labour law." In modern labour law, therefore, the principle of freedom of contract does not apply to the same extent as in civil law due to the unequal position of the parties and state interference; the whole branch of law is interwoven with public law elements. That is, the contractual nature of labour law cannot be discussed, but some parts of the rights and obligations of employment relationship are not determined by the contracting parties. Private labour law is manifestation of the opportunities for self-determination of the parties. Consequently, the basic principle of the private law is the so-called contractual principle. This means, in particular, that everyone has the opportunity to establish and shape their legal relationships through the regulation of self-determination. In addition, it is the legislator's duty to establish rules protecting the individual employee against the employer's power.

Actions (login required)

Edit Item