The enforcement of labour laws in Hungary – the deficits of the collective dimension

Abstract

This paper aims to provide an illustrative assessment of the functioning of labour law enforcement in Hungary from a collective labour law perspective, based on selected topical regulatory case studies. In doing so, the paper intends to demonstrate the generally and largely deficient nature of the collective dimension of labour law enforcement in Hungary. Namely, the first case study describes the situation of amicable settlement of collective labour disputes in Hungary and the prevailing institutional vacuum in this regard. The second case study deals with the very limited possibilities of “actio popularis” and strategic litigation in Hungarian labour law and the potential of these legal mechanisms to further labour law enforcement. The third case study outlines the meagre legal and practical room for manoeuvre of alt-labour organisations in the Hungarian context and points out that their chance for collective bargaining is extremely small. The paper formulates some policy pointers and proposals on how the collective dimension of labour law enforcement (especially concerning these three regulatory fields illustrated by the case studies) could be further promoted and enhanced in Hungary, especially in the context of a constantly changing, new world of work.