Arbeitsvertrag – Kodexfrage oder einheitliches Arbeitsrecht im ungarischen Recht
Labour Contract – Whether it Should be Governed in the Civil Code or in a Separate Statute Pertaining to Labour Law, in the light of Hungarian Law

Summary/Abstract: The process of codification of Hungarian civil law is finally finished - the new Civil code was enacted on 26th, February 2013 and will come into force on 15th, March 2014. Already during the preparatory works on the draft of the Civil Code, the Hungarian authors had different standpoints whether labour contract should be incorporated into the part of the Code pertaining to the specific types of contracts or not. Eventually, it was not incorporated into the Code, with the reasoning that the Labour Code, adopted before the enactment of the new Civil Code, should govern both the general and specific issues relating to labour contract, just as the collective agreements, in order to warrant the „unity“ of labour relation, which comes into existence by formation of a labour contract. The critics of this so-called unitary approach claim, whose standpoints supports the author of this paper as well, that labour contract, at least in its basics, has civil law nature, hence it does not belong to the scope of the public law dimension of labour law. Labour contract should be governed in general in the new Hungarian Civil Code, since such standpoint is adopted in the majority of classical European civil codes, such as the German BGB, the French Code civil and Austrian ABGB.

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