The Regulation of the Working Conditions as a Limit of Flexible Working – The Effects of the Green Paper through the Example of Hungary

AbstractOn November 22, 2006, the European Commission presented its Green Paper: Modernising labour law to meet the challenges of the 21st century. The Paper gives a different vision of the future of European labour law, one which helps increasing flexibility combined with employment security and reduces labour market segmentation. As an effect of this, a number of member states reconsidered their regulation and started legislation to reach a better level of flexibility. In Hungary the new Labour Code came into force in 2012, modified the rules of the employer's liability for damages, namely the causes for justification and created different grounds for the rules of liability for damages in labour law. The Act also gave rise to a number of “new” legal institutions, mostly in the field of atypical types of employment that result in a considerably more flexible employment, thus providing employers with what is necessary for flexible employment. In the paper it is observed how the EU directives in the field of working conditions narrow the flexible employment through the example of Hungary. As a conclusion it can be stated, that the EU must broaden its legislative activities in order to protect the employees. In addition, extending unified labour law regulations to most legal institutes possible can be justified, as it creates a unified framework for employers and contributes to the promotion of equality within the European Union