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
SUMMARY

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... (see full summary)

 
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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

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