Kun Attila: A magyar munkajog kezdetei és helyzete 1945 és 1949 között. In: Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum, (4) 1-15. pp. 349-390. (2004)
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Absztrakt (kivonat)
Before anything else it seems to be necessary to explain the title. The birth circumstances of Hungarian labour law, as a new separate branch of law, are discussed from a historical point of view in this study. In this context, the period between 1945 and 1949 has a particularly important role: the radical transformation and the properly so called „evolution" of Hungarian labour law happened simultaneously in these historical years of constantly changing hopes and disillusionments. All in all, the basics of our country's „modem" and separate labour law system started to form in these years. Of course, some kind of legal regulations regarding labour relations are rooted in earlier years (mostly within the framework of civil law) although the real separation of labour law happened at that time. That is why the period between 1945 and 1949 is examined more into the details including a not widely known episode of the era's labour law: the preliminary work of a finally never completed labour code. At the first pages of the paper the main features, goals and importance of the examined topic are sketched. Then the history and the main characteristics of "labour law" considering the period before 1945 are discussed. Next part outlines the fundamental tasks and general structure of labour law between 1945 and 1949. The following chapter deals with the nearly forgotten preliminary work of a labour code and reviews the related concepts and those factors that put back the legistlation process. Even the Hungarian labour lawyers are often not aware of the fact that before the first Hungarian Labour Code (1951) there were already serious steps taken toward elaborating a comprehensive labour code. Though due to the political circumstances not even a bill suitable for parliamentary negotiations was born, these preliminary attempts for themselves can mean a significant element of the Hungarian labour law history. Next chapter gives full details of the main institutions of labour law between the period 1945 and 1949. At the framework of it the followings are discussed: the particular importance of the collective bargaining agreements system; the social and political status of the representations of employees' interest and employers' organizations; the role of the "National Wage Board"; factory committees; the ways of dispute resolution; the concrete work conditions; the question of ongoing unifying of labour law; the process of nationalization of industry and the consequences of all these facts regarding labour law. In the last chapter there is a reference to the labour law aspects of the communist political turn and to the general evaluation of the era. Throughout the investigation I tried to involve as many research sources as I could, such as works on the history of Hungarian labour law, legal regulations of the period, comprehensive works, contemporary studies and documents found at National Archives. The main goal of the paper is to make emphasis on the fact that the history of Hungarian labour law starts not only with the first code based on the stalinist modell (1951). Thus the formation of "modern" labour law in Hungary was not merely the output of communism as it was considered and interpreted before so many times. Hungarian labour law has its own civil tradition even if it is rarely discussed. Another goal of the study is to describe the complex circumstances, theoretical dilemmas and practical causes of the separation of this new branch of law, as well as to draw a general picture of the conditions and attempts made in Hungarian labour law before communism. For short, the labour law was born parallel to its separation from the civil law at that time. Nevertheless the concepts emerging the integration of labour law "back" into civil law are particularly on agenda nowadays again. So the historical aspects of that kind of dilemma could be particularly useful and topical today.
| Mű típusa: | Cikk, tanulmány, mű |
|---|---|
| Egyéb cím: | The beginnings of Hungarian labour law and its characteristics between 1945 and 1949 |
| Befoglaló folyóirat/kiadvány címe: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum |
| Dátum: | 2004 |
| Kötet: | 4 |
| Szám: | 1-15 |
| ISSN: | 0324-6523 |
| Oldalak: | pp. 349-390 |
| Nyelv: | magyar , angol |
| Kiadás helye: | Szeged |
| Befoglaló mű URL: | http://acta.bibl.u-szeged.hu/37960/ |
| Kulcsszavak: | Munkajog - magyar - 1945-1949 |
| Megjegyzések: | Bibilogr.: p. 386-388. és a lábjegyzetekben ; összefoglalás angol nyelven |
| Szakterület: | 05. Társadalomtudományok 05. Társadalomtudományok > 05.05. Jogtudomány |
| Feltöltés dátuma: | 2016. okt. 15. 11:12 |
| Utolsó módosítás: | 2025. már. 20. 11:30 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/7548 |
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