Abstract
holistic approach of employee status and its social part mean. There have been discussions in the European Union to which circle of working people shall the protection system of labour law apply, and how the security of employees can be guaranteed under the pressure of flexibility. The debates have been inspired by a changed economic and social environment in the XXth centrury. The essay presents the influence of the changing economic and social environment in the concept of employee status, and more closer in the Hungarian labour law regulation. The decision who is acknowledged to be an employee is made by the legislator. By making this decision the labour law regulation shows a tendency of withdrawal and moving forward in the last decades. The change of employment contract develops at the same time with the expansion of personal scope in Europe and shows a great variety. The legislation, judicial practice, legal practice and the collective bargaining influence the expansion of protection under labour law.
Highlights
The changes of personal scope in the Labour Code of 1992 and 2012 are presented, how it is extended and in which direction
The change of employment contract develops at the same time with the expansion of personal scope in Europe and shows a great variety
Determination of personal scope of labour law regulation has become significant, and constituted a basic issue of the labour law theory as self-determination is realised by the subjects of the employment contract
Summary
International and Comparative Labour Law, Palgrave Macmillan, International Labour Organisation, 2009, 1-22. That the employee status is described by the characteristics of the labour law, and the main features are dependency, subordination, and continuous work performance. There are workers performing work personally, for consideration, regularly and permanently for the same person and other regular earning activity can not be expected in the course of fulfilment of the contract This worker is economically dependent as employee, but usually is not entitled for the protection of labour law institutions[8]. Determination of personal scope of labour law regulation has become significant, and constituted a basic issue of the labour law theory as self-determination is realised by the subjects of the employment contract. 10 the dogmatic issue of employee status and the personal scope are outstanding as they mean the realization of the labour law protection The employee’s and employer’s definition are strongly connected to each other. 9 In the literature there is an approach which defines the characteristics of employment relationship through the definition of employee (labour law is the Sonderrecht of employees). 10 the dogmatic issue of employee status and the personal scope are outstanding as they mean the realization of the labour law protection
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