Ki viseli a munkáltató kockázatait, avagy a Ptk. felelősségi szabályainak értelmezése a munkajogban

Ajtay-Horváth Viola: Ki viseli a munkáltató kockázatait, avagy a Ptk. felelősségi szabályainak értelmezése a munkajogban.

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The liability system has recently changed significantly both in civil law and labour law. The Act V of 2013 on the Civil Code (referred to as Civil Code) placed on a new basis the system of compensation by separating sharply the regime of the delictual and the contractual liability. Thus the contractual liability system became objective opposed to fault based. Since the enforcement of The Act I of 2012 on the Labour Code (referred to as Labour Code) the rules of the system of liability in the labour law was radically changed. The new regulations involve civil rules regarding compensation. The explanation of the Labour Code states, that the bill of the Labour Code essentially validates the concept of the bill of the Civil Code. However, it does not state the causes of the introduction of the new rules. In the general reasoning only indirect arguments can be found in this respect, such as increasing employment, conversion of the employment relations and the increase of employment flexibility. The changes of the rules are two directional. On the one hand, the new Labour Code has replaced the concept of operating range with the concept of control circuit with regard to the liability of the employer. On the other hand, the rules of the relief of the employer have been changed. In the labour law a new concept appeared in connection with the liability of the employer for damages, called the foresee ability clause. At the same time the system of the employees liability became stricter. The paper seeks the answer regarding the question of the interpretation of the rules of civil law in the long-term legal relationship such as an employment relationship where the contract positions are not balanced. The same liability rules are interpreted differently in civil law and in labour law. When examining the foresee ability in the employment relationship, not only the employment contract should be considered, but also the employer's instructions. From the aspect of the present topic, the study of the connection between two different branches of law: the civil law and the labour law is an unavoidable. This assumes that despite the nearly identical liability law regulations, the case law will be different in the two branches of law, owing to the different functions of the labour law and the civil law regulations.

Item Type: Conference or Workshop Item
Other title: Who bears the risk of the employer, or the interpretation of the rules of liability of the civil code in labour law
Journal or Publication Title: Alapelvek és alapjogok
Date: 2015
Volume: 5
ISSN: 2063-3807
ISBN: 978-963-306-404-7
Page Range: pp. 25-34
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: Hungarian, English
Place of Publication: Szeged
Event Title: Alapelvek és alapjogok (2014) (Szeged)
Related URLs:
Uncontrolled Keywords: Polgári jog, Munkajog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 26. 15:21
Last Modified: 2023. Dec. 05. 11:25

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