LEGAL QUESTIONS ON THE AMENDMENT OF THE LABOUR CONTRACT, APPOINTMENT IN LABOUR AND PUBLIC RELATIONS IN THE EUROPEAN AND HUNGARIAN LEGAL SYSTEM
LEGAL QUESTIONS ON THE AMENDMENT OF THE LABOUR CONTRACT, APPOINTMENT IN LABOUR AND PUBLIC RELATIONS IN THE EUROPEAN AND HUNGARIAN LEGAL SYSTEM

Summary/Abstract: Before 1992 the labour relations including public relations could have been amended not only by two-sided but also by one-sided actions. It means that transfer, amendment of the scope of activities or the place of work could take place by the one-sided action of the employer, ie. without the parties’ mutual agreement. The transfer ordered one-sided by the employer is known both in the private and public service existing in those Member States of the EU which follow the Francophone-Latin legal system like France, Belgium, Luxemburg, Italy, Spain and Portugal. But in the German like legal systems amendment of the labour contracts of the private service could take place only by the mutual agreement. However, in these countries (Germany, Austria, Netherlands) the acts on public service (Beamtegesetz, Ambtenari Wet) make the one-sided transfer ordered by the employer possible. However, the German Labour law makes the amendment of the labour contract possible in a different way by two legal actions. First, the employer dismisses the employee. Second, the employee is offered a new scope of activities. If the employee does not accept the new offer, the work relationship is terminated. Compared to the Francophone-Latin one-sided transfer, in this case dismissal is linked to concluding a new labour law relation. The German law calls it as Anderungskündigung, which means dismissal followed by job offer in Hungarian. This institution is important to us, because according to the German solution the Hungarian Labour Code coming into force on 1 July 1992 annulled the one-sided transfer. Therefore, in the private service the employment contract could be amended only by mutual agreement. Though, this could be avoided by dismissal followed by job offer. According to the provisions of the Hungarian public service similarly to the Beamtegesetz and Ambtenari Wet the Acts on the public servants and public officers make the transfer possible not only by mutual agreement but also by one-sided action ordered by the employer at the same place of work or to an other workplace. In this case a totally new legal relationship comes to existence.

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