The concept of employee in Hungarian law in light of its broad interpretation in European Union law

Zaccaria, Márton Leó (2021) The concept of employee in Hungarian law in light of its broad interpretation in European Union law. Lex et Scientia. ISSN 1583-039X (Submitted)

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Abstract

The present paper analyses the broader concept of the employment relationship and the legal status of the employee in Hungarian labour law. In the relevant Hungarian regulation, the employment relationship can be established by a special private law contract, the employment contract, which contract is regulated by several employment-specific provisions. In the Hungarian legal system there is no alternate way to enter the “employee” status, therefore the employment-specific rights and obligations stem only from the employment contract. The employment relationship has some special legal characteristics, although from an economic point of view it is similar to other legal relationships regulated by civil law rather than labour law. The link between these similar legal relationships is the fact that a person is working under another person’s instructions and is paid for their tasks performed. However, the subordination is present only in the employment relationship, so according to the paper’s hypothesis it is important to determine the legislative framework of the employee (worker) status and the rights aiming at protecting the employee as well. The analysis focuses on the governing Hungarian labour law regulations and some aspects of the corresponding judicial practice compared to some recent developments in the regulation and legal interpretation of the European Union.

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