Dilemmas at the architect’s table in labour law - labour rights as prisoners in the light of the extensive core of legal protection of employees

• Authors: Péter Sipka , Márton Leó Zaccaria
• Languages of publication: EN

Abstracts

EN

This paper examines some fundamental questions and new anomalies of the concept of employment relationship and the “worker” legal status. Furthermore, the study focuses on the legal protection of the sub-ordinated party in the employment relationship (worker, employee) because some anomalies and contradictions arise based on the strict division of legal relationships aiming at personal work in exchange of payment. The research is primarily based on the Hungarian legal environment, although the theoretical framework and the methodology is relevant to all levels of labour law regulations and principles including the International Labour Organization and the European Union as well. The main idea revolves around the hypothetical concept of the “labour force” contract that could cover almost all types of dependant work of various levels of sub-ordination in which the “worker” is clearly obliged to carry out the duties according to the “employer’s” instructions and is paid in exchange. The paper concludes that both from the side of labour law regulations and the jurisprudence it would be possible to think of the traditional concept of employment relationship in a new way based on the real attributes and circumstances of the person carrying out the working duties. Thus, it will become clear that whivh rights or persons are “imprisoned” and who can “break in” or “break out”.

Keywords

EN

employee; employment contract; labour law; labour rights; social protection

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2019
• Volume: 9
• Issue: 4
• Pages: 274-282
• Document type: ARTICLE

Contributors

author

Péter  Sipka

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author

Márton Leó  Zaccaria

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