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Writer's pictureMari Kohary

Why do Hungarian workers not know labor law?

Basically, in our country - unfortunately quite "rightfully" - the view that dominates public thinking is that the employee is completely at the mercy of his employer.

We feel this way even though we know that there is a huge labor shortage in several sectors, and there is competition for specialists.


Contract

Usually, the conclusion of a contract is an administrative process controlled completely unilaterally by the employer. It hardly ever happens that they sit down to discuss the details, even though it is no accident that their joint will is included in the text. I have great respect for those exceptions where the employer gives time, space and openness to jointly develop and understand the framework.

Here, for example, it is important to know the differences between an employment relationship and an assignment contract, to understand the advantages in addition to the obligations and not only to consider the material goods. When concluding the contract, such "little things" as the need for a non-competition agreement may come to light, which can be concluded for a maximum of two years, with the obligation to stipulate a consideration for the employee, which is at least one third of the prohibition period (8 months' salary in the case of 2 years). In such cases, it is worthwhile to think about the risks of the probationary period and the length of the notice period, which are mutually imposed on both parties in case of bad scenarios, which one's attention easily slips by during the hopeful beginnings.

Remember, the feelings and opportunities we experience at work affect our living conditions just as much as material ones. If the employer shows that it respects and supports our legitimate needs, that we have a say and the ability to make decisions regarding our circumstances, then this can create the same strong motivation and loyalty as with material and monetary benefits.


Termination of employment

A much more unpleasant procedure is bargaining and playing games with the termination of the employment relationship. However, nowadays, due to the great competition for labor and the plummeting quality of workplace cultures, changing jobs is not considered a failure, a shame, in fact.

Perhaps those who have spent too long in one place for many years or decades are considered less competitive in the labor market, so their professional knowledge may have lagged behind the trends, their flexibility and openness are not guaranteed.

Many people do not know that the way the employment relationship is terminated does not have any consequences for the future. The next employer does not request the termination and the unemployment center acts in the same way during the assessment in all three cases (employer and employee termination; mutual agreement).

Regarding the divorce, you can wait for the resolution of the conflict, you can wait for a new job/applicant to be sure to start, you can wait for the other to throw in the towel first, but it would be possible to reach an agreement with the same respect, keeping in mind mutual and common interests in a structure that supports everyone's progress.

The most common employer trick is to set the collective agreement as a gesture, communicating that the employee is better off with one month's salary than if he had been fired. On the other hand, in connection with the employer's termination, the entire notice period must be paid, but the person must be excused from work for half of the notice period, and a reason must be named in the notice that the employer must be able to prove. For this, a conflict, professional disagreement, or that the planned projects are not successful enough is usually not enough. Therefore, a joint agreement can only be said to be joint and an agreement if they can agree on a structure that is more favorable to the employee than the above mandatory elements.


The employment relationship

Between the two documented events, a basic legal environment must be created in which everyone can feel safe, the parties fulfill their obligations, and everyone can be held accountable for their actions. I am convinced that most of the angry conflicts could be avoided if the boundary conditions of behavior shown by the law were considered together.

As well as right to personality, good faith, right to honor, right to good reputation, right to safe working conditions, confidentiality, intellectual property. This may include abuse of position, equal treatment, etc. Of course, if we work within these frameworks in an honest and conscious atmosphere, then it is not worth referring to them, since the actors do not even come close to boundary violations and abuses. But such an environment can be created if we know these rules and also where we can ask for support if we feel that someone is approaching the forbidden zone.

Aggravated situations can be eliminated in time with the help of organizational ombudsmen and trade unions, by operating a compliance system. They can help ensure that the company is able to resolve grievances internally in a reassuring way that all actors can come to terms with.



When someone feels inside, in the pit of their stomach, that some blatant injustice has been committed against them and they begin to morph into the idea of filing a lawsuit, their family and friends are terrified and warn them not to think about it, because they will ruin them, they will belittle them nervously and in their dignity , he will be financially bankrupt and will achieve nothing except to seal himself for life. Because he dares to stand up for his own legitimate interests and boundaries, because he wants justice for the damage done to him. In America and Denmark, there are lawsuits every day, even if not everyone always wins, but no one is afraid to stand up for their interests, partly because they know them. Litigation is not the goal at all, there are many out-of-court solutions mentioned above, but it can be instructive to look at why we think like this.


Reasons of bad attitude


Thinking and Social Behavior:

We carry this attitude from the anti-democratic eras of our history as a legacy of the fears of our parents and grandparents. Although human nature and punishment by power tries to make its way in every age, if everything is very wrong in our society these days, let's not forget that we live in a state of law, it is up to us whether we voluntarily give up our rights. I am convinced that the protection of today's frameworks depends to a much greater extent on the public mood and widespread behavioral norms than on leaders and legislators.


Lack of Knowledge:

I thought about why labor law training is not as natural as fire protection or data protection as a condition for maintaining an employment relationship. If we approached labor law and human rights in the same way as, for example, knowledge of approval procedures or information security requirements, we would be able to ensure that our colleagues are sensitive and forward-looking in everyday practice, not just during extreme excesses.


Lack of confidence and lack of control:

Of course, it cannot be denied that, in addition to mindset and social behavior habits, an important factor of this exposed operation is also the fact that people do not trust independent bodies, and there is no control over what can happen within the walls of an organization. The complaint law renewed in May 2023 through the European Union obligation and on the model of other member states tries to partially fill this deficiency.


Conscious thinking can bring benefits not only individually, but also as a community, so the employer also wins. After all, according to the experience of countries where the rules of whistleblowing (internal reporting) were previously introduced, the number of lawsuits for the company decreased precisely because of this. If we ourselves offer openness and cooperation to the perceived or real grievances of employees and suppliers, we can also improve the company's perception, reputation, and employer brand. Sometimes it even happens that line managers or HR people are not even aware of the basic options for termination, even though their duties are closely related to employment. The Labor Code is 20-30 pages long, please read it :)


If we build a culture together that respects rights and values responsibility, it will strengthen not only the quality of the organization, but also the social role we assume with it. Let's not be afraid to reject old beliefs and create a workplace community where rights are not scary, but just as fundamental as other policies we have in mind.

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