Fragments to the Legal Basis for Effective Employment

UNDER PUBLICATION

This study analyses the enforcement of the principle of dynamic equilibrium in relation to the regulatory system of labour law. The starting point is the purpose of labour law, which is to maintain a balance between the enforcement of economic requirements and the ad­dressing of social needs. This can be achieved through the cohesion of elements of a complex system of labour law, which differ in their legal nature and purpose. The equilibrium of this system is disrupted when a single element of the legal source – contract of employment, collective agreement or the legal norm – gain unjustifiable predominance.
After an introductory historical-comparative anal­ysis, the study reveals the dogmatic and legal policy development of effective employment and its current situation in the light of the aforementioned purpose of labour law, based on the Hungarian experience.