Problematic labour law provisions relating to invalid unilateral juridical acts, standard contract terms and labour contracts because of error in contractual intention

Authors

  • Tamás Prugberger

DOI:

https://doi.org/10.32980/MJSz.2021.3.1024

Keywords:

labour law and civil law statement, divergent regulation, avoidance, ubjective and objective time limit, consumer, consumer contract, contract form, collective action

Abstract

The study covers two main topics. The first part of the study deals with the avoidance of the statement on commitment relating to relating to employment. Thus, the Hungarian Labour Code, in contrast to the provisions of the Hungarian Civil Code, assures a quite short period for the avoidance of the statement, in case of coercion, threat, mistake or mislead. In the opinion of the author, this special, shorter period is not justified.  In the second part of the study, the author proposes to handle the employment-related legal acts in a similar way as consumer contracts, since labour contracts are mostly concluded by using contract form. Moreover, the author suggests to extend the application of collective action (actio popularis) to these labour contracts.

Published

2021-12-30

How to Cite

Prugberger, T. (2021). Problematic labour law provisions relating to invalid unilateral juridical acts, standard contract terms and labour contracts because of error in contractual intention. Miskolci Jogi Szemle (Miskolc Law Review), 16(3), 136–144. https://doi.org/10.32980/MJSz.2021.3.1024