Systematic Thinking About Employee Status

Author:Nóra Jakab
Pages:56-68
SUMMARY

Over the past decades, the international and European policy debate has focused on who is considered to be an employee and what kind of workers are covered by the protection of employees, i.e. the extension of the scope of labour law There is a deep-set problem lying behind this global thinking. The application of the principle of equal treatment in private law encompasses a lot of tension.... (see full summary)

 
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LESIJ NO. XXV, VOL. 2/2018
SYSTEMATIC THINKING ABOUT EMPLOYEE STATUS
Nóra JAKAB
Abstract
Over the past decades, the international and European policy debate has focused on who is
considered to be an employee and what kind of workers are covered by the protection of employees,
i.e. th e extension of the scope of labour law There is a deep-set problem lying behind this global
thinking. The application of the principle of equal treatment in private law encompasses a lot of tension.
Private law including labour law is confronted with human and constitutional rights when vulnerable
groups, like women, the elderly, parents, persons with disabilities are integrated into the labour market.
In labour law human and constitutional rights make freedom of contract, being more limited than civil
law, seek further compromises. In labour law, there is a clear conflict between the prohibition of
discrimination, the freedom of contract and the freedom of provision provided by property law. In the
event that labour law regulation is left alone and is not considered systematically, conflict can result
in controversial legislative solutions.
Keywords: labour law regulation, flexicurity, social and labour market program, equality
rights, integration policy, personal scope of labour law and labour protection, employee status, labour-
market status.
1. The significance of the system and
its dilemma
The system is nothing but parts or
elements making up a whole or a
combination of those parts or elements - like
the hierarchy of the ecosystem is made up of
atoms, molecules, cells, and organs,
organisms. The system is sustained during a
continuous change of elements - e.g . organs
in the course of cell replacement, societies in
the course of the birth and death of their
members. System laws can also be applied to
spiritual phenomena. Gears will make up a
tower clock to a certain degree of order, the
letters will become texts to a certain degree
of order and coherence of legal norms can
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).
1
Miklós Szabó: Legal System (Jogrendszer). In: Miklós Szabó (ed.): Introduction into the Jurisprudence and
Political Sciences. (Bevezetés a jog-és államtudományokba), Bíbor Kiadó, Miskolc, 2006, p. 109-110.
have two types of image: a set and a system.
A set is the mere co-existence of the elements
.... A system of organised order goes beyond
a setlike state ...
1
I quote Miklós Szabó
from the Introduction to Law and State
Science. The question is whether employee
status or employee quality can be placed in
a broader context. The goal is to create a
general concept that allows to map the
structure of employee existence that is
operative, objective, truthful, and is rational.
A complex concept of emplo yee status can
also be seen as the result of a construction
work in legal dogmatics, in which it is
important that the construction can be
exerciseable.
The question then arises as to how
uniformly labour market can be treated, if it

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