Labour Disputes
in Hungary and Poland
Introduction
„Polak, Węgier, dwa
bratanki / Lengyel
Magyar két jó barát”
•Pole and Hungarian two
good brothers
•Shared his...
Legislation 1
• The Constitution of The
Republic of Poland:
Article 59
 The freedom of association in trade
unions, socio...
Legislation 2
• Fundamental Act of Hungary
– Trade Unions formed and operate freely
– Right to choose our work
Legislation 3
• Act I of 2012 Labour Code
– Individual labour law
– Collective labour law

• Act VII of 1989 Strikes
• Act...
Collective Labour Law in Hungary
XIX.chapter in the Hungarian Labour Code
Made to protect social and economic
interests
Sh...
Collective Labour Law in Hungary 2
Collective Agreements
•Can be conducted by
–

Employers, trade unions, authorization

•...
Strikes and Lockouts
• Refusal to work or perform
• In Poland
– The Act from 23rd of May 1991 about resolution
of collecti...
Strike regulation in Poland
Polish Constitution
– trade unions have essential right to strike
– There are limitations:
• E...
Lockouts in Poland
• Temporary work stoppage or denial of
employment
• Aim to solve the collective labour disputes by
pres...
Strikes in Hungary 1
•
•
•
•
•

Act VII of 1989 (it was changed lot of times)
Everyone shall have the right to strike
Volu...
Strikes in Hungary 2
• No right to strike
– Judicial authorization, Hungarian Army, Law
Enforcement
• No lockouts
• Proced...
Labour Disputes
• A controversy between an employer and
its employees
• 2 types
– Individual
– Collective
Labour Disputes in Poland
• Individual and Collective to:
– Claims in Court
– Can request for an out-of-court settlement
–...
Labour Disputes in Poland 2
• Procedure of the Commission
– Elect a chairperson and the chairperson's
deputies
– Define th...
Individual Labour Disputes in
Poland
• The reasons of importance:
– The essential purpose of each litigation is
liquidatio...
Collective Labour Disputes in
Poland
• Due to subject of dispute we distinguish:
 Dispute about rights (disrespect for bi...
Labour Disputes in Hungary 1
• Individual
– Judicial way-almost always

• Labour Court
• Procedure
– Civil procedure (sepa...
Labour Disputes in Hungary 2
Collective disputes have 2 phase
1st phase:
Conciliation committee to resolve the
problems
Co...
Labour courts
• In both of the countries separated courts
• Why?
– Separate regulations
– Make the procedure faster
– Sepa...
Labour courts in Poland
• 1) labour courts - separate organisational
units of district courts,
• 2) labour and social insu...
Labour courts in Poland 2
• Procedure of the labour courts
labour and social insurance courts-proper to
adjudicate dispute...
Labour courts in Hungary
Labour courts in Hungary 2
• Separate procedure
– Act III of 1952 on Civil Procedure (own chapter)
– Act I of 2012 on Labo...
Conclusions
• First of all, a lot of similar legislation solutions
under both law systems based on
membership in the same ...
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Labour disputes in Hungary and Poland

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Labour disputes in Hungary and Poland.
Contents:
Introduction
Shared history of Poland and Hungary
History of the hungarian and polish labour law
Legal framework of labour law including the labour disputes
Some aspects of individual labour law
Collective labour law
Strikes
Labour disputes
Conclusion

Made by Albert Jarosz and Adam Miko

Published in: Education
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Labour disputes in Hungary and Poland

  1. 1. Labour Disputes in Hungary and Poland
  2. 2. Introduction „Polak, Węgier, dwa bratanki / Lengyel Magyar két jó barát” •Pole and Hungarian two good brothers •Shared history of the countries •History of Labour Law
  3. 3. Legislation 1 • The Constitution of The Republic of Poland: Article 59  The freedom of association in trade unions, socio-occupational organizations of farmers, and in employers' organizations  Trade unions and employers and their organizations right to bargain  the right to organize workers' strikes or other forms of protest subject Article 65, 66-general framework of the right to work and belonging to this matter work conditions etc.
  4. 4. Legislation 2 • Fundamental Act of Hungary – Trade Unions formed and operate freely – Right to choose our work
  5. 5. Legislation 3 • Act I of 2012 Labour Code – Individual labour law – Collective labour law • Act VII of 1989 Strikes • Act III of 1952 Civil Procedure – Procedure of labour disputes
  6. 6. Collective Labour Law in Hungary XIX.chapter in the Hungarian Labour Code Made to protect social and economic interests Shall guarantee the freedom of • • • – – • Organization Participation in the organization Shall regulate the collective bargaining
  7. 7. Collective Labour Law in Hungary 2 Collective Agreements •Can be conducted by – Employers, trade unions, authorization •Can cover rights and obligations •Only in WRITTEN form •Not changeable before the expiry date – Only if both of the parties are agree •Gives more freedom
  8. 8. Strikes and Lockouts • Refusal to work or perform • In Poland – The Act from 23rd of May 1991 about resolution of collective labour disputes – Constitution – Numerous other acts • In Hungary – Act VII of 1989 on the Strike
  9. 9. Strike regulation in Poland Polish Constitution – trade unions have essential right to strike – There are limitations: • Established only by Acts (safeness, public order..etc) – However, those limits cannot infringe the essence of the right to strike
  10. 10. Lockouts in Poland • Temporary work stoppage or denial of employment • Aim to solve the collective labour disputes by pressure exertion • Legality of this instrument is disputable • Constitution and lex specialis acts does not mention • Thus, this method is forbidden under the domestic legislation
  11. 11. Strikes in Hungary 1 • • • • • Act VII of 1989 (it was changed lot of times) Everyone shall have the right to strike Volunteer participation Cannot be forced Illegal strike – Unlawful – To change the collective agreement • Solidarity strike by trade unions
  12. 12. Strikes in Hungary 2 • No right to strike – Judicial authorization, Hungarian Army, Law Enforcement • No lockouts • Procedure • Announce the strike • Minimum services • Courts role in the strikes
  13. 13. Labour Disputes • A controversy between an employer and its employees • 2 types – Individual – Collective
  14. 14. Labour Disputes in Poland • Individual and Collective to: – Claims in Court – Can request for an out-of-court settlement – Every effort to avoid the court (both sides) – Conciliation commission • Appointed by employer and employee or trade union
  15. 15. Labour Disputes in Poland 2 • Procedure of the Commission – Elect a chairperson and the chairperson's deputies – Define the rules of the conciliation proceedings – Conduct conciliation proceedings in groups • At least 3 members – Make a decision within 14 days
  16. 16. Individual Labour Disputes in Poland • The reasons of importance: – The essential purpose of each litigation is liquidation of law conflict between individual parties – The particular dispute can be adjudicated by labour court – Preferred prejudicial case finale-conciliation proceeding referred to Labour Code previsions – According to norms of Civil Code-possibility of mediation or arbitration
  17. 17. Collective Labour Disputes in Poland • Due to subject of dispute we distinguish:  Dispute about rights (disrespect for binding provisions of law)  Dispute about interests (demands to change current law) • Parties:  Employees mandatory represented by trade unions or occupational federation  Employer or employers organization
  18. 18. Labour Disputes in Hungary 1 • Individual – Judicial way-almost always • Labour Court • Procedure – Civil procedure (separated rules) • Trade union can represent the employee • Trial begins with a meeting (judges and the parties)
  19. 19. Labour Disputes in Hungary 2 Collective disputes have 2 phase 1st phase: Conciliation committee to resolve the problems Conciliation committee made by • • • – – • The employer The works council or trade union 2nd phase: Court section
  20. 20. Labour courts • In both of the countries separated courts • Why? – Separate regulations – Make the procedure faster – Separate procedure
  21. 21. Labour courts in Poland • 1) labour courts - separate organisational units of district courts, • 2) labour and social insurance courts separate organisational units of voivodeship/province courts • single professional judge designed for 4 years cadence
  22. 22. Labour courts in Poland 2 • Procedure of the labour courts labour and social insurance courts-proper to adjudicate disputes about non-proproprietary rights and subject matter of the litigation-amount under 75 thousands of zloty
  23. 23. Labour courts in Hungary
  24. 24. Labour courts in Hungary 2 • Separate procedure – Act III of 1952 on Civil Procedure (own chapter) – Act I of 2012 on Labour Code (special rules) • Separate built – 3 judges always • Different deadlines – term of limitation 3 years – within fifteen days first hearing – Appeal within 5 days – Appeal court decision within 15 days
  25. 25. Conclusions • First of all, a lot of similar legislation solutions under both law systems based on membership in the same international structures • Secondly, some differences mainly in formal and procedural substructure of analysing legislations and model of disputes solving

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