PRACTICAL PROBLEMS OF EMPLOYEE LIABILITY IN HUNGARIAN LABOR LAW
PRACTICAL PROBLEMS OF EMPLOYEE LIABILITY IN HUNGARIAN LABOR LAW

Summary/Abstract: The employment relationship has a number of special features that determine the rights and obligations of the parties. One of these is the employer's right to discipline in the event of a culpable breach of duty by the employee. A special case of employee liability is when the employer does not primarily claim compensation or terminate the legal relationship, but applies a disciplinary penalty to the employee. The current Hungarian labor law law regulating the labor law of the competitive sector contains special provisions for this case, but consciously avoids the term disciplinary liability. The regulation sets short, to the point, typically guarantee limits in connection with its application. One of the most important guarantee elements is that in the event of an employee's culpable breach of duty, a legal disadvantage may only be contained in a collective agreement, and in its absence, in an employment contract. The rules are seemingly clear, but in practice several questions still arise. The Labour Code does not mention the written warning, which can be applied in legal practice even in the absence of a collective agreement or employment contract. This leads to further problems, especially if the employee suffers other disadvantages due to the written warning. Other disadvantages applied indirectly due to the written warning raise, among other things, the possibility of circumventing the guarantee elements and prohibition of double assessment (ne bis in idem principle). The present research seeks the right path for legal practice along these issues, as well as possible amendment options for the legislator.

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