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001-es BibID:	BIBFORM068211
Első szerző:	Sipka Péter Máté (jogász)
Cím:	The regulation of the working conditions as a limit of flexible working : the effects of the Green Paper through the example of Hungary / Péter Sipka
Dátum:	2015
ISSN:	2212-5671
Megjegyzések:	One of the most important tasks of the broad interpreted employment law is to create rules and establish a system of relationships, which guarantees the protection of the workers throughout the employment relationship at the highest possible level. [1] So if the employee suffers occupational injury or gets sick in connection with her/his work, according to the Hungarian regulation, the resulting damages can be compensated in a complex way because it is possible by applying three different fields of law together. Firstly, the employer's liability is based on the "classical" norms of labour law for the damages caused in connection with the employment relationship, which damages can be enforced by the employee against the employer in a labour law suit according to 285. ? (1) of the Act I of 2012 act on the Labour Code (in the following: new LC.). In this procedure the employer has to prove her/his justification with the causes laid down in the new LC. Secondly, if it is questionable whether the employer acted according to the rules of occupational safety, it is possible for the Hungarian Labour Inspectorate to file for administrative action against the employer. The subject of this procedure is to examine whether the employer completely satisfies the requirements of the Act XCIII. act on Occupational Safety (in the following: OSA.) because it contains the protective rules of occupational health and workplace security. If the employer is responsible for negligence in the administrative procedure regulatory penalty will be imposed. Thirdly, according to the relevant rules of social security in Hungary, the social security administration conducts with action for compensation, if the accidents or the sickness emerge because of the following: the employer or her/his proxy did not fulfil the requirements of occupational safety or the employer or her/his member (employee) induced the accident intentionally.In concluding we can state that the employer is liable for the same event or omission with a complex, multi-level responsibility. Albeit with these complex structures for liability have the same starting point, they differ a lot in several aspects, and especially their interest, methods and purposes of regulation are diverse. At the same time a possible collision of these different fields of law arises, which causes uncertainty in jurisdiction because in spite of the same statement of facts the different regulatory methods suppose special ideas and methods so they can't be effective to the same extent of course. The above described ? not theoretical ? scenario means the meeting point of labour law, law of occupational safety and the social security system where the employer has to fulfil all the criteria from all these three fields to avoid sanctions but in my opinion it is impossible. So the employer has to choose from the values described within these fields because she/has can attest law abiding attitude only one way.
Tárgyszavak:	Társadalomtudományok Állam- és jogtudományok idegen nyelvű folyóiratközlemény külföldi lapban labour law
Megjelenés:	Procedia economics and finance 23 (2015), p. 1515-1520. -
Internet cím:	Intézményi repozitóriumban (DEA) tárolt változat
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