Effect Of Labour Law Regulation On The Employment Relations Based On The Connection Between Social Rights And Labour Market

• Author: Nóra Jakab, Rab Henriett, Andrea Judit Szollos
• Pages: 7-21

LESIJ NO. XXV, VOL. 2/2018

EFFECT OF LABOUR LAW REGULATION ON THE EMPLOYMENT

RELATIONS BASED ON THE CONNECTION BETWEEN SOCIAL RIGHTS AND

LABOUR MARKET

Nóra JAKAB

Rab HENRIETT

Andrea Judit SZŐLLŐS

Abstract

In the world of employment, we can find several aspects that have effect on the labour market.

Labour market cannot be independent from the legal regulation of employment; moreover – according

to the tendencies – labour market processes basically define the role of labour law. A fundamental

difference can be observed between the approach of Anglo-Saxon countries and researchers and the

viewpoint of the continental law systems. In this paper the emphasized question is analysed through

these two different approaches according to the following premise: the Anglo-Saxon legal thinking

defining the current development of labour law bears significant differences related to the labour law

regulation – which means the direct regulation of labour market – and to the legal guarantees behind

employment as well. From the viewpoint of the labour market two main questions are examined in this

paper: on the one hand, the expected and necessary level and method of public intervention in

connection with social rights, and on the other hand the deepness of the intervention of labour law into

the social relations driven by the market.

Keywords: reflexive labour law, human capital, flexicurity, ability-theory, soft law tools.

In our study, we undertook to collect,

systematize and collide the regulatory issues

that essentially deter mine the labo ur law

science today. In our view, individual

authors and vie wpoints can react separately

to the different parts of social and economic

processes, however, they are only partial

solutions without revealing their relations.

The criticism is based on the scorching

results. In our study, we tried to solve the

collisions by interpreting economic, labour

 This paper was supported by the János Bolyai Research Scholarship of the Hungarian Academy of Sciences.

Associate professor, PhD. dr. habil., at the Faculty of Law, vice rector for educational development and quality

insurance, University of Miskolc (e-mail: civnora@uni-miskolc.hu).

 The study was conducted in the framework of K117009 research entitled The requirement of equal employment

in the framework of HR trends reflecting changing labour law expectations. The National Office for Research,

Development and Innovation (NKFIH), under the contract number of K117009. Associate Professor, PhD,

University of Debrecen, Faculty of Law and Politica l Sciences, Department of Agricultural, Environmental and

Labour Law (e-mail: rab.henriett@law.unideb.hu).

 PhD Candidate, Deák Ferenc Doctorate School of Law, Miskolc, attorney (e-mail:

drszollosandreajudit@gmail.com).

and social law views jointly. The dual view

of co-authorship has helped us to revise our

own ideas again and again, or to draw

conclusions side by side or even against each

other. The aim of o ur work is to widen

labour la w researches which are full of

debates and dilemmas by combining the

ones processing side by side, and at the same

time to enrich our own research work with

new methods and ideas. T hese new theories

separately try to break through the rigid