The Invalidity and the Non-Existence of Collective Bargaining Agreements in the Scope of the Hungarian Courts’ Decisions

Balogh, Áron Péter (2017) The Invalidity and the Non-Existence of Collective Bargaining Agreements in the Scope of the Hungarian Courts’ Decisions. STUDIA JURIDICA ET POLITICA JAURINENSIS, 4 (1). pp. 3-10. ISSN 2064-5902

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Abstract

The biggest innovation of the new Act I of 2012 on the Labor Code of Hungary (LC) was that opposed to its predecessor, as a principle it allows collective agreements and individual labor contracts to regulate the content of work differently from what is stipulated by the Labor Code. The goal of the new LC was to increase the role and efficiency of collective bargaining agreements by promoting flexible collective autonomy to the employer and the trade unions, that means the freedom of the participants of the labor market to regulate their relationship through bargaining agreements adjusting to their (financial, social) needs. The collective bargaining agreements (CBA) constitute an extraordinary legal institution with both contract law and public(labor) law elements. As an agreement, the collective bargaining agreement is the embodiment of the mutual will of the parties involved, the labor union and the employer, although the normative regulations of it are applicable to all the employees employed at the employer. The aim of my research is to examine the contractual features of the CBAs, especially concerning their validity/invalidity, existence/non-existence to elaborate the case law of the Hungarian courts, and to draw consequences, how the contractual rules of the Labor Code and the Civil Code of Hungary shall be interpreted.

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