2020. 11. 06.

Business Law I.
Introduction to labour law
Seminar 5.

Dr. Csőke Rita

Department of Management and Business Law

Business law I., BSc – 2020/2021. 1st (autumn) term

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General rules of conduct (Mt. 6-8. §)

Business law I., BSc – 2020/2021. 1st (autumn) term 2

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General rules ofWestern

conduct (Mt. 6-8. §)
Roman Empire collapsed:
new rules: 526-7
5 law books from the new rules
1st book 1st chapter: latin
• „Iuris praecepta sunt
h a e c h o n e s t e v ive r e ,
alter um non laedere,
s u u m c u i qu e t r i b u e r e . ”
• „The precepts of the law are
these:
• to live honestly,
• to injure no one, and
• and to give every man his
due.”
new principles can be drawn back to these
Business law I., BSc – 2020/2021. 1st (autumn) term 3

The „rubber rules” of labour law

the laws are not exact but they can have hard consequences

• „Soft law” - „Hard” consequences…

• Employment relationship is a very personal one. Person-to-person
meghatározó
connections are determinative.
• These are – so called – subsidiary rules no concrete paragraph, but they are still unlawful

• One may only refer to them when a breach of a specific legal

provision cannot be referred.

Business law I., BSc – 2020/2021. 1st (autumn) term 4

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To act as generally expected

in the given circumstances
(Mt. 6. § (1) sec.)

• „Unless law provides different

requirement, while executing the
employment contract one must
act as generally expected in
the given circumstances.”
e.g. penguin: general expectation:
reach the meeting point and go with the other penguins

Business law I., BSc – 2020/2021. 1st (autumn) term 5

To act as generally expected in the given

circumstances (Mt. 6. § (1) sec.) – 2.
I’m under the social meter cord: personal thinking doesn’t matter,
community’s opinion is important

• „Social meter cord” – not personal

• The question is not what I personally expect of others (or think
about my own conduct) in accordance with my own personal
office fire:
standards, but what people in general expect in such a secretary’s obligation -
situation. follow what is told in the
• The given circumstances mean the „here and now” situation – annualy fire security
education
whatever may it be. fireman’s obligation:
• The given circumstances may be the same, but what is generally not the same
expected may vary depending on the job/responsibility, etc.
where you are in the hierarchy

Business law I., BSc – 2020/2021. 1st (autumn) term 6

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Principle of good faith and fairness,

cooperation obligation (Mt. 6. § (2) sec.)
cooperation:
fairness: employer has rights which employee must respect
society’s view employee has rights employer is obliged to respect,
on our acts mutual obligation which doesn’t allow to hide anything
„In exercising rights and fulfilling obligations, one shall act in the manner consistent
with the principle of good faith and fairness, and they shall be obliged to
cooperate with one another, further they shall not engage in any conduct to
violate the rights or legitimate interests of the other party.”

Business law I., BSc – 2020/2021. 1st (autumn) term 7

The principle of equitable assessment

(Mt. 6. § (3) sec.) relatively new rule in Hungary

• „The employer shall take into account

the interests of the employee under
the principle of equitable
assessment; the mode of performance
defined by unilateral act may not cause
aránytalan sérelem
disproportionate detriment to the
employee.”

Business law I., BSc – 2020/2021. 1st (autumn) term 8

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Obligation to inform
(Mt. 6. § (4) sec.)

„(4) The parties falling within the scope of this Act shall inform each other concerning
all facts, information and circumstances, and any changes therein, which are considered
essential from the point of view of employment relationships and exercising rights and
discharging obligations as defined in this Act.”

Business law I., BSc – 2020/2021. 1st (autumn) term 9

Prohibition of abuse of rights

(Mt. 7. §) jogi visszaélés tilalma

• „Non omne quod licet honestum

est”
• Not everything is fair that is
allowed…
If a law provides us a certain right that has a meaning!

• Rights should be used what

they are provided for.

Business law I., BSc – 2020/2021. 1st (autumn) term 10

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Prohibition of abuse of rights – 2.

(Mt. 7. §)
• „Abuse of rights is prohibited. For the purposes of this Act
‘abuse of rights’ means, in particular, any act that is intended for
or leads to
• the injury of the legitimate interests of others,
• restrictions on the enforcement of their interests,
• harassment, or
• the suppression of their opinion.”
elfojt

Business law I., BSc – 2020/2021. 1st (autumn) term 11

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Protection of employer’s reputation and

legitimate economic interest (Mt. 8. §)
not only in the working hours
• „While under employment relationship, employees shall not engage in any conduct by
veszélyeztet
which to jeopardize the legitimate economic interests of the
employer, unless so authorized by the relevant legislation.”
• „Employees may not engage in any conduct even out of their working hours
that - stemming in particular from the employee’s job or position in
the employer’s organization - directly and factually has the potential to
jeopardize
• the employer’s reputation,
• legitimate economic interest or
• the purpose of the employment relationship.”
(tho breaching the law is sufficient
Business law I., BSc – 2020/2021. 1st (autumn) term if there is a real risk of the employer)
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The employee’s right to express opinion

(Mt. 8. § (3) sec.)

• „The employee may not exercise the right to express his opinion in a way
where it may lead to causing serious harm or jeopardy to the employer’s
reputation or legitimate economic and organizational interests.”
• According to juditial practice, freedom to express opinion does not bear –
even if the opinion is factually true - when the way of expression is
disproportionally exaggerated, unreasonably hurting, degrading.

Business law I., BSc – 2020/2021. 1st (autumn) term 13

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Protection of business secret and

confidential information (Mt. 8. § (4)
sec.)

• „The employee shall maintain confidentiality of business secrets obtained

during the course of work.
• Moreover, the employee shall not disclose to unauthorized persons any data
obtained during carrying out his job, that if revealed, could result in
disadvantageous consequences for the employer or other persons.”
• Attention! The secret remains secret even after the termination of
the employment contract!

Business law I., BSc – 2020/2021. 1st (autumn) term 14

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