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

1. Labour Disputes
in Hungary and Poland

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. 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. Legislation 2
• Fundamental Act of Hungary
– Trade Unions formed and operate freely
– Right to choose our work

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. 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. 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. 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. 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. 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. 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. 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. Labour Disputes
• A controversy between an employer and
its employees
• 2 types
– Individual
– Collective

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. 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. 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. 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. 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. 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. Labour courts
• In both of the countries separated courts
• Why?
– Separate regulations
– Make the procedure faster
– Separate procedure

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. 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. Labour courts in Hungary

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. 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