University:
University College London
Course:
LAWS0017 | Employment Law
Academic year:

2024
Views:

171

Pages:

3
Author:

Nam B.

Moving Away From Stable Employment Presented by: Dr. Solymosi-Szekeres Date: 18 August 2023 The Broad Context - The New Work That Challenges The Labor Law - Labor law seeks Stability - Legislation: to ensure that labor law (with its protective character) also covers modern forms of employment - - NEW WORK - many meaning, also working mobile or from home • (workplace) Flexibility → Sustainability • SPOTIFY, 2021: „Work From Anywhere" model Everyone can live and work in the country and city they want - the only constraint is to be in the same time zone. The Habitual Place Of Work - Place of work: in the contract. If not: habitual place of work. - BUT WHOSE HABIT? - Bankó-Berke-Kiss-Szőke (+judicial practice from 2020): the place of work is not considered to be the place where the specific employee normally/regularly performs his/her work during the employment relationship, but the place where, according to the established practice of the employer (with regard to its activities), other employees normally (usually) perform their work in the given job function • Instability of this definition:  which point in time the practice established by other employees in the workplace is to be examined?  what if the colleagues are working on different places than the specific employee? - BUT LC Sect. 45 (3) [ENGLISH VERSION] The workplace of the employee shall be defined in the employment contract. Failing this, the place where work is normally carried out shall be considered the workplace. - the Hungarian version of wording: where work is normally carried out by one person, not more - EU LAW (ROME I. Art. 8. (2)) To the extent that the law applicable to the individual employee contract has not been chosen by the parties, the contract shall be governed by the law of thy in which or, failing that, from which the employee habitually carries out his work in performance the contract. The Home Office Telework Home office (Commentaries) Home office (Bankó) Home office (Szekeres Regular employment: in a place specified in the contract, which is not the employer's facilities, but not only The employee's home Regular work: due to a traditional employment relationship at the employer's facilities Regular work: due to a traditional employment relationship at the employer's facilities Regular work: due to a traditional employment relationship at the employer's facilities Exceptional facilities employer's Exceptional work: in the employee's home Exceptional work: in a place the other than the permanent place of work (at home or elsewhere) Regular or exceptional work in the employee's home The Home Office = THE(NEW HYBRID) TELEWORK Coming soon: Act CXXX of 2021 - LC 196. § (1) In the case of teleworking, the employee performs the work for part or all of the working time away from the employer's facilities. - (3) Unless otherwise agreed during teleworking - c) the employee works at the employer's facilities for a maximum of one third of the working days in the year in question, - PROBLEMS: • Before atypical, now hybrid? • - Consequences? (e.g. Flexible working arrangement, overtime pay, etc.) Flexibility (arising from the new work) is in many cases unmanageable for a traditional set of labor law concepts (e.g. habitual workplace, telework) - “New [traditional] work” doesn't fit in the box of traditional labor law.