Temporary agency work in the Hungarian Labour Code Critical analysis – with special regard to EU requirements for judicial harmonization

Abstract

From prohibition to support! The introduction of the study gives a brief overview of the history of international and Hungarian regulation of temporary agency work (TAW). The focus is on certain problematic issues of the Hungarian legal regulation of the TAW. On the one hand, the study analyses the disharmony or its concern of certain provisions of the Hungarian legislation regarding the requirements of EU legal harmonization. For example: the role of TAW in the labour market, the derogation from the principle of equal treatment in renumeration or “removing” the TAW from the scope of collective redundancies.
On the other hand, the study describes the inconsistency of the Hungarian Labour Code on this subject. The study analyses the concerns of negative discrimination between TAW and all other types of employment relationship regarding the termination of employment by the employer. Namely, from the TAW point of view the regulation is obviously disadvantageous in terms of justification for termination, period of notice and eligibility for severance pay