Labour Disputesin Hungary and Poland

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

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.

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 III of 1952 Civil Procedure

– Procedure of labour disputes

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

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

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

Strike regulation in PolandPolish 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

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

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

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

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– Every effort to avoid the court (both sides)– Conciliation commission

• Appointed by employer and employee or trade union

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

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

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 federationEmployer or employers organization

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)

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

Labour courts

• In both of the countries separated courts• Why?

– Separate regulations

– Make the procedure faster

– Separate procedure

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

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

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 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

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