劳动法英文版

劳动法英文版（通用6篇）

劳动法英文版 篇1

Act I of 2012 on the Labor Code

PART ONE

GENERAL PROVISIONS

Chapter I

Introductory Provisions

1.Objective

Section 1 This Act lays down the fundamental rules for decent work according to the principle of free enterprise and the freedom of employment, taking into account the economic and social interests of employers and workers alike.2.Scope

Section 2(1)This Act covers: a)employers;b)workers;c)employers interest groups;d)works councils;and e)trade unions.(2)This Act shall apply to: a)user enterprises(Chapter XVI);

b)beneficiaries of services provided by school cooperatives(Chapter XVII).Section 3(1)The provisions of this Act shall apply having regard to the rules of international private law.(2)Unless otherwise provided for, this Act shall apply to persons who normally work in Hungary.(3)Chapters XIX and XX of this Act shall apply if the employer‟s registered office or independent establishment is located in the territory of Hungary.Section 4 The provisions of this Act pertaining to young workers shall also apply mutatis mutandis to the employment of persons under the age of eighteen within a non-employment relationship.3.Interpretation principles

Section 5(1)The provisions of this Act shall be interpreted in accordance with the legislation of Hungary and the European Union.(2)Agreements which waive or restrict the rights of a person cannot be broadly construed.4.Common rules of conduct

Section 6(1)Employment contracts shall be executed as it might normally be expected in the given circumstances, unless any legal provision exists to the contrary.(2)In exercising rights and discharging obligations, the parties involved shall act in the manner consistent with the principle of good faith and fairness, they shall be required to cooperate with one another, and they shall not engage in any conduct to breach the rights or legitimate interests of the other party.(3)Employers shall take into account the interests of workers under the principle of equitable assessment;where the mode of performance is defined by unilateral act, it shall be done so as not to cause unreasonable disadvantage to the worker affected.(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.Section 7 Wrongful exercise of rights is prohibited.For the purposes of this Act „wrongful exercise 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.Section 8(1)During the life of the employment relationship, workers shall not engage in any conduct by which to jeopardize the legitimate economic interests of the employer, unless so authorized by the relevant legislation.(2)Workers may not engage in any conduct during or outside their paid working hours thatdirectly and factually has the potential to damage the employer‟s reputation, legitimate economic interest or the intended purpose of the employment relationship.The actions of workers may be controlled as defined in Subsection(2)of Section 9.When exercising such control, the workers affected shall be informed in writing in advance.(3)Workers may not exercise the right to express their opinion in a way where it may lead to causing serious harm or damage to the employer‟s reputation or legitimate economic and organizational interests.(4)Workers shall maintain confidentiality in relation to business secrets obtained in the course of their work.Moreover, workers shall not disclose to unauthorized persons any data learned in connection with their activities that, if revealed, would result in detrimental consequences for the employer or other persons.The requirement of confidentiality shall not apply to any information that is declared by specific other legislation to be treated as information of public interest or public information and as such is rendered subject to disclosure requirement.5.Protection of personal rights

Section 9(1)The personal rights of parties falling within the scope of this Act shall be respected.(2)The personal right of workers may be restricted if deemed strictly necessary for reasons directly related to the intended purpose of the employment relationship and if proportionate for achieving its objective.The means and conditions for any restriction of personal rights, and the expected duration shall be communicated to the workers affected in advance.(3)On general principle, worker may not waive their personal rights in advance.Any legal statement concerned with the personal rights of a worker shall be formally valid if made in writing.Section 10(1)A worker may be requested to make a statement or to disclose certain information only if it does not violate his personal rights, and if deemed necessary for the conclusion, fulfillment or termination of the employment relationship.An employee may be requested to take an aptitude test if one is prescribed by employment regulations, or if deemed necessary with a view to exercising rights and discharging obligations in accordance with employment regulations.(2)Employers shall inform their workers concerning the processing of their personal data.Employers shall be permitted to disclose facts, data and opinions concerning a worker to third persons in the cases specified by law or upon the worker‟s consent.(3)In the interest of fulfillment of obligations stemming from an employment relationship, the employer shall be authorized to disclose the personal data of a worker to a data controller as prescribed by law, indicating the purpose of disclosure, of which the affected worker shall be notified in advance.(4)Information and data pertaining to workers may be used without their consent for statistical purposes and may be disclosed for statistical use in a manner that precludes identification of the workers to whom they pertain.Section 11(1)Employers shall be allowed to monitor the behavior of workers only to the extent pertaining to the employment relationship.The employers‟ actions of control, and the means and methods used, may not be at the expense of human dignity.The private life of workers may not be violated.(2)Employers shall inform their workers in advance concerning the technical means used for the surveillance of workers.6.Principle of equal treatment

Section 12(1)In connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed.Remedying the consequences of any breach of this requirement may not result in any violation of, or harm to, the rights of other workers.(2)For the purposes of Subsection(1), „wage‟ shall mean any remuneration provided directly or indirectly in cash or in kind, based on the employment relationship.(3)The equal value of work for the purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labor market conditions.7.Employment regulations

Section 13 For the purposes of this Act, „employment regulations‟ shall mean legislation, collective agreements and works agreements, and the binding decisions of the conciliation committee adopted according to Section 293.Chapter II Legal acts 8.Agreements

Section 14 Contracts concluded under this Act constitute the outcome of an agreement resting on mutual consent of the parties.9.Unilateral acts, statements

Section 15(1)Rights or obligations may derive from unilateral acts only in cases defined by employment regulations.(2)Exercising the right of withdrawal as provided for in employment regulations or by agreement of the parties shall terminate the agreement retroactively to the date of conclusion.In the event of withdrawal the parties shall settle accounts.(3)The provisions on agreements shall also apply to unilateral acts.(4)A unilateral act shall take effect upon delivery to the recipient andit may be amended or withdrawn only upon the recipient‟s consent.(5)As regards any statement made in the execution of the agreement, other than legal acts, and employer‟s acts relating to the management of work processes, these shall be governed by the provisions of Sections 20-26.10.Commitments

Section 16(1)Under unilateral commitments(hereinafter referred to as “commitment”)the carrying out of the commitments entered into may be demanded irrespective of the beneficiary‟s acceptance.Workers shall be allowed to undertake a statement of commitment only where expressly provided for by employment regulations.(2)A commitment may be amended to the beneficiary‟s detriment, or may be terminated effective immediately in the event of subsequent major changes in the circumstances of the person making the commitment whereby carrying out the commitment is no longer possible or it would result in unreasonable hardship.(3)Furthermore, the provisions governing unilateral acts shall also apply to commitments, with the exception that the obligor shall not claim invalidity of his legal act, alleging that it was not served upon the beneficiary or that it was served improperly.11.Employer’s internal policy

Section 17(1)Employers shall be able to implement the legal acts referred to in Sections 15-16 by means of internal rules established of its own accord or by way of a procedure formulated unilaterally(hereinafter referred to as “employer‟s internal policy”).(2)The employer‟s internal policy shall be considered delivered if published by means considered customary for, and commonly known in, the area.12.Information

Section 18(1)The provisions on legal acts shall apply where the obligation to provide information is prescribed by employment regulations upon either of the parties.Unless otherwise provided for by employment regulations, information shall be provided at a time and in a manner to permit the exercise of rights and the fulfillment of obligations.(2)Information shall be considered provided if published by means considered customary for, and commonly known in, the area.13.Conditions

Section 19(1)The parties may render the conclusion, amendment or termination of the agreement contingent upon certain future, uncertain events(conditions).Any condition that would alter the employment relationship to the disadvantage of workers, or that would bring about the termination of the employment relationship may not be applied.(2)Any condition that is contradictory, impossible or unintelligible shall be considered invalid, in which case the agreement shall be treated as if does not contain the condition in question.(3)As long as a condition is pending, the parties shall refrain from taking any action that would impair the other party‟s right that is contingent upon that condition.Neither of the parties may allege the realization or frustration of the condition if it results from the party‟s wrongful conduct.Chapter III Means of Legal Acts 14.Representation

Section 20(1)The person exercising employer‟s rights shall be entitled to take legal acts on the employer‟s behalf.(2)The rules for exercising employer‟s rights shall be laid downby the employer.(3)If employer‟s rights are exercised by a person(body, organ)other than the one authorized thereto, his actions shall be deemed null and void, unless the person upon whom such rights are vested approved the legal act.A legal act shall be considered valid in the absence of approval if the worker concerned could reasonably infer from the circumstances as to the authority of the acting person.(4)An employer may allege that its representative exceeded his vested competencies if the worker concerned could not reasonably infer from the circumstances as to the authority of the acting person.Section 21(1)Workers shall take legal acts in person.However, workers shall be entitled to take legal acts also through an authorized representative by means of a power of attorney made out in writing.No power of attorney is required if a worker is represented by his close relative insofar that the worker is unable to execute the legal act in person.In case of dispute the reason for the worker‟s absence shall be verified.(2)The employer shall proceed according to the legal act made by the worker if there is any discrepancy between the legal acts made by the worker and by his representative referred to in Subsection(1).(3)A worker, unless the scope of representation is clearly defined as to limits, may not allege that its representative exceeded his vested competencies.(4)The consent of the legal representative is required for the legal acts of persons of limited legal capacity relating to the conclusion, amendment or termination of an employment contract, or to undertaking commitments.(5)Legal acts on behalf of incompetent persons shall be made by the legal representatives.15.Formal requirements

Section 22(1)Legal acts may be made without particular formal requirements, unless otherwise provided for by employment regulations or by agreement of the parties.Upon the employee‟s request, legal acts shall be made in writing by the employer where this is not otherwise mandatory.(2)A legal act shall be construed to have been made in writing if executed by means of an electronic document with facilities for retrieving the information contained in the legal act unaltered, and for identifying the person making the legal act and the time when it was made(hereinafter referred to as “electronic document”).(3)Where an agreement had to be made in writing, any amendment thereto and termination thereof shall also be executed in writing.(4)Unless otherwise provided for in this Act, any legal act made in violation of formal requirements shall be construed invalid.The legal consequences of invalidity shall not apply to any legal act that has been executed upon the parties‟ mutual consent.(5)As regards the unilateral acts of employers the reasons must be provided in writing in cases defined by this Act, and workers affected shall be properly informed concerning the means of enforcement of a claim and also of the time limit available, if shorter than the term of limitation.In the event of failure to provide information as to the time limit, the claim may not be enforced after a period of six months.(6)The requirement for executing legal acts in writing shall be satisfied by means of an authentic instrument or a private document with full probative force if the party(representative)is illiterate or is unable to read or write.Section 23(1)The agreement shall be concluded in writing, which shall be provided for by the employer, a copy of which shall be given to the worker affected.(2)The agreement shall indicate the names of the parties and their particulars of import from the point of view of the performance of the agreement.16.Delivery of legal acts

Section 24(1)A legal act made in writing shall be considered served upon delivery to the person concerned or the person authorized to receive it, or at the time when access to the electronic document is provided.The legal act shall also be considered served if the person concerned or the authorized recipient refuses to receive it or intentionally prevents delivery.(2)In addition to what is contained in Subsection(1), where a legal act is dispatched in the form of certified mail with certified delivery according to the legislation on postal services, it shall be considered served: a)if the person concerned or the authorized recipient refused to receive the consignment, or if delivery to the address provided by the person concerned failed and the consignment is returned marked addressee unavailable or address unknown, on the day when delivery was attempted;b)in all other cases, on the fifth working day following the day when delivery was attempted without success or following the day when the notice was posted.(3)With respect to any legal act that may be subject to court proceedings under this Act, a petition may be filed to challenge the presumption of service referred to in Subsection(2)simultaneously with filing for court action, within fifteen days from the time of receiving information concerning the presumption of service, or within six months from the actual date of service at the latest.Furthermore, the relevant provisions of the Code of Civil Procedure shall apply to actions to challenge a presumption of service.If the petition to challenge the presumption of service is sustained the time limit for filing for court action shall be considered met.(4)In case of dispute the burden of proof for having the service of process executed properly lies with the person making the legal act.17.Deadlines and calculation of time limits

Section 25(1)Where a time limit is prescribed by employment regulations or by agreement of the parties for making specific legal acts or to do or not to do certain other acts, the relevant time limit shall be calculated according to Subsections(2)-(6).(2)Unless otherwise prescribed by employment regulations, a day shall be construed as a calendar day.(3)A time limit shall be calculated from the day following the day on which the action(event)giving rise to the time limit occurred.(4)A time limit specified in weeks shall expire on the day that, by definition, corresponds to the day of initiation.The day of expiration of a deadline specified in months or years shall be that day the numbering of which corresponds with the day of initiation, or the last day of the month if such day is not available in the month of expiration.(5)A time limit shall be considered to have elapsed at the end of the final day.A time limit shall be considered to have elapsed at the end of the next working day of normal working schedule, if the last day is a dedicated weekly rest day or public holiday.(6)Unless otherwise provided for in this Act, a time limit shall be considered met if the legal act is delivered by the end of the last day or certain other actions are carried out by such time.(7)Failure to meet a deadline shall be excusable if expressly permitted by the employment regulations by which it is prescribed.(8)A legal act or other action shall be made or carried out without delay, by advancing the costs that should be covered by a party other than the obligor if necessary, where the party is liable to make the legal act or carry out the other action without delay in accordance with the relevant employment regulations.Section 26 Subsections(4)-(8)of Section 25 shall not apply to calculating any time period, other than time limits, specified by employment regulations or by agreement of the parties;such time periods shall be calculated by the calendar.Chapter IV Invalidity 18.Nullity

Section 27(1)Any agreement that infringes upon any employment regulation, or that is entered into by way of circumvention of any employment regulation shall be null and void.(2)Artificial agreements shall be null and void, and if such agreement is intended to disguise another agreement, it shall be judged on the basis of the disguised agreement.(3)An agreement if annulled shall be considered void, unless the relevant employment regulation stipulates another legal consequence.The party concerned may allege the invalidity of an annulled contract without a time limit;the court observes the nullity of the agreement of its own motion.19.Avoidance

Section 28(1)An agreement may be avoided if either party was in error regarding any material fact or circumstance at the time of its conclusion, provided that such error was caused or could have been recognized by the other party, or if both parties were under the same mistaken assumption.An agreement may be contested on the grounds of misapprehension of a legal issue if such misapprehension is deemed significant and if the advice of a legal counsel, acting within the scope of his competence, to the parties affected has been manifestly erroneous in terms of the contents of the relevant legislation.(2)An agreement may be contested if it was obtained unlawfully by duress or coercion.(3)An agreement may be avoided by a person who has been misled or persuaded unlawfully to make a legal act by duress or coercion, or by a person acting under a mistaken assumption.(4)The time limit for filing an action for avoidance shall be thirty days, commencing upon recognition of the error or, in the case of duress or coercion, upon cessation of duress.The statute of limitations shall duly apply to the time limit for bringing action for avoidance, with the exception that the right to avoidance shall terminate after six months.(5)The other party shall be notified in writing regarding the execution of a legal act for avoidance within the time limit specified in Subsection(4)hereof.(6)An agreement if successfully avoided shall be void.20.Legal consequences of invalidity

Section 29(1)Rights and obligations arising from or in connection with an invalid agreement shall be treated as if they existed under a valid agreement.Unless otherwise provided for in this Act, employers shall terminateany legal relationships created on the basis of an invalid agreement, if the parties fail to abolish the cause of invalidity.(2)Employers shall be liable to pay their workers absentee pay covering a period otherwise due in the event of dismissal by the employer, furthermore, the rules on severance pay shall also apply if the employment contract is declared invalid for reasons attributable to the employer and it has to be terminated pursuant to Subsection(1).(3)If any part of an agreement is deemed invalid, the relevant employment regulations shall be applied instead, unless the parties would otherwise not have concluded the agreement without the invalid part.(4)As regards the invalidity of unilateral acts, no rights and obligations shall arise from or in connection with such legal acts.(5)In the case of invalidity of a legal act made for the termination of an employment relationship, the provisions of Sections 82-84 shall apply mutatis mutandis, except where the employer‟s own legal act was successfully contested.Section 30 In the event that the invalidity of an agreement results in damages, the provisions on liability for damages shall be applied.21.Application of civil law

Section 31 Furthermore, legal acts shall be governed by the provisions of Chapters XVII-XXII of the Civil Code, with the exception that agreements may not be amended in the court of law.PART TWO

EMPLOYMENT RELATIONSHIP

Chapter V

Parties to Employment Relationships

Section 32 The parties to an employment relationship are the employer and the employee.Section 33 „Employer‟ means any person having the capacity to perform legal acts who is party to employment contracts with employees.Section 34(1)„Employee‟ means any natural person who works under an employment contract.(2)Workers must be at least sixteen years of age.By way of derogation from the above, any person of at least fifteen years of age receiving full-time school education may enter into an employment relationship during school holidays.(3)By authorization of the guardian authority, young persons under sixteen years of age may be employed for the purposes of performance in cultural, artistic, sports or advertising activities.22.Entire agreement

Section 35 No deviation from the provision of Sections 32-34 shall be permitted.Chapter VI

Transfer of Employment Contracts Upon the Transfer of Enterprise

Section 36(1)Rights and obligations arising from employment relationships, existing at the time of transfer of an economic entity(organized grouping of material or other resources)by way of a legal transaction are transferred to the transferee employer.(2)In liquidation proceedings the provisions of: a)Subsection(1)of this Section;b)Sections 37-40;c)Subsection(3)of Section 66;d)Subsection(4)of Section 228;e)Subsection(4)of Section 229;and f)Section 282;shall not apply.Section 37 Before the time of transfer the transferring employer shall inform the receiving employer concerning the employment relationships involved, and also on the rights and obligations arising from non-competition agreements and study contracts.Failure to provide the information shall have no bearing as to the enforcement of rights arising from such covenants on the receiving employer‟s part.Section 38(1)Within fifteen days following the time of transfer, the receiving employer shall inform in writing the workers affected concerning the transfer of employment upon the transfer of enterprise, disclosing the employer‟s identification data, and on changes in working conditions under Subsection(1)of Section 46.(2)If the transferring employer has no works counciland no shop steward had been elected either, the transferring orthe receiving employer shall inform in writing the employees concerned not more than fifteen days before the date of transfer of the following: a)the date or proposed date of the transfer;b)the reason for the transfer;c)the legal, economic and social implications of the transfer for the employees;and d)any measures envisaged in relation to the employees.Section 39 The transferring the receiving employer shall be jointly and severally liable in respect of obligations towards employees which arose before the date of transfer, if the employee submits the claim within one year from the date of transfer.Section 40(1)The provisions contained in Section 70 and Section 77 shall apply mutatis mutandis if the worker terminates his employment relationship by giving notice because the transfer of employment upon the transfer of enterprise involves a substantial change in working conditions to the detriment of the employee, and in consequence maintaining the employment relationship would entail unreasonable disadvantage or would be impossible.(2)In accordance with Subsection(2)of Section 67, the employee shall provide the reasons for giving notice of termination as referred to in Subsection(1).(3)Employees may exercise the right of notice as per Subsection(1)within thirty days from the date of transfer of employment upon the transfer of enterprise.23.Entire agreement

Section 41 Derogations from Sections 36-40 in the collective agreement are allowed only to the benefit of workers.Chapter VII

Commencement of an Employment Relationship

24.Employment contracts

Section 42(1)An employment relationship is deemed established by entering into an employment contract.(2)Under an employment contract: a)the employee is required to work as instructed by the employer;

b)the employer is required to provide work for the employee and to pay wages.Section 43(1)Unless otherwise provided for by law, the employment contract may derogate from the provisions of Part Two and from employment regulations to the benefit of the employee.(2)Such derogations shall be adjudged by comparative assessment of related regulations.Section 44 Employment contracts may only be concluded in writing.Invalidity on the grounds of failure to set the contract in writing may only be alleged by the employee within a period of thirty days from the first day on which he commences work.25.Contents of employment contracts

Section 45(1)The parties must specify in the employment contract the employee‟s personal base wage and job function.(2)The term of the employment relationship shall be defined in the employment contract.Failing this the employment relationship is concluded for an indefinite duration.(3)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.(4)In the absence of an agreement to the contrary, all employment relations are concluded on general principle for full-time daily employment.(5)In the employment contract the parties may stipulate a probationary period of not more than three months from the date of commencement of the employment relationship.In the event that a shorter probationary period has been stipulated the parties may extend the probationary period once.In either case, the duration of the probationary period may not exceed three months.26.Employer’s obligation to provide information in writing

Section 46(1)The employer shall inform the employee in writing within fifteen days from the date of commencement of the employment relationship concerning: a)the daily working time;b)wages above the base wage, and other benefits;c)payroll accounting, the frequency of payment of wages, and the day of payment;d)the functions of the job;e)the number of days of leave and the procedures for allocating and determining such leave;and f)the rules governing the periods of notice to be observed by the employer and the employee;furthermore g)whether a collective agreement applies to the employer;and h)the person exercising employer‟s rights.(2)The information referred to in Paragraphs a)-c)and e)-f)of Subsection(1)hereof may also be given in the form of a reference to the relevant employment regulations.(3)If the employment relationship is terminated before the fifteen-day period lapses, the employer shall perform the obligation referred to in Subsection(1)at the time specified in Subsection(2)of Section 80.(4)Employees shall be informed of any change in the name or other major particulars of the employer, or in the details referred to in Subsection(1)in writing within fifteen days of the effective date of the change in question.(5)The employer‟s obligation to provide information, except for Paragraph h)of Subsection(1), shall not apply if, by virtue of the employment contract: a)the term of the employment relationship does not exceed one month;or b)the working time does not exceed eight hours per week.Section 47 In the case of work to be performed abroad for a period of more than fifteen days the employee must be informed in writing at least seven days before the date of departure of the following, in addition to what is contained in Section 46: a)the place and duration of the work abroad;b)the benefits in cash or in kind;c)the currency to be used for the payment of remuneration and other payments;and d)the conditions governing the employees repatriation.27.Commencement of the employment relationship

Section 48 The date of commencement of the employment relationship shall be defined in the employment contract.Failing this, the day following the conclusion of the employment contract shall be construed as the date of commencement of the employment relationship.Section 49(1)During the period between the day on which the employment contract is concluded and the date of commencement of the employment relationship the parties may not engage in any conduct to defeat the employment relationship.(2)During the period referred to in Subsection(1)either party shall be entitled to withdraw from the employment contract in the event of material changes taking place in his circumstances following the date of conclusion of the employment contract whereby carrying out the employment relationship is no longer possible or it would result in unreasonable hardship.28.Entire agreement

Section 50(1)In the agreement of the parties no derogation is allowed: a)from Sections 42-44;and b)from Subsection(1)of Section 45.(2)In the collective agreement no derogation is allowed: a)from Sections 42-44;and b)from Subsections(1)-(4)of Section 45.(3)Derogations from Sections 46-47 in the collective agreement are allowed only to the benefit of workers.(4)The term of the probationary period may not exceed six months as provided for in the collective agreement.Chapter VIII

Performance of Employment Contracts

29.Fundamental obligations

Section 51(1)Employers shall employ their employees in accordance with the rules and regulations pertaining to contracts of employment, employment regulations and the provisions of other relevant legislation, andprovide the necessary working conditions.(2)Employers shall be liable to compensate their employees for justified expenses incurred in connection with fulfillment of the employment relationship.(3)Workers shall be employed for work of such nature which is not considered harmful with a view to their physical condition or development.(4)The responsibility for the implementation of occupational safety and occupational health requirements lies with the employers.The employee‟s fitness for the job for which he is being considered shall be examined free of charge before taking up work and on a regular basis during the life of the employment relationship.(5)In the employment of persons with disabilities appropriate steps shall be taken to ensure that reasonable accommodation is provided.(6)The Government is hereby authorized to decree the regulations for the compensation of the justified expenses of employees incurred in connection with fulfillment of the employment relationship.Section 52(1)Employees shall: a)appear at the place and time specified by the employer, in a condition fit for work;

b)be at the employer‟s disposal in a condition fit for work during their working time for the purpose of performing work;c)perform work in person, with the level of professional expertise and workmanship that can be reasonably expected, in accordance with the relevant regulations, requirements, instructions and customs;d)perform work in such a way that demonstrates the trust vested in him for the job in question;e)cooperate with their co-workers.(2)Employees may not accept and may not lay claim to any remuneration from third parties in connection with their activities performed with the employment relationship without the employer‟s prior consent.(3)The employee‟s wages fixed in the employment contract or by employment regulations may not be reduced on account of the employee having received any remuneration under Subsection(2)upon the employer‟s prior consent.(4)The remuneration referred to in Subsection(2)shall cover all forms of valuable consideration provided by a third party to the employee in addition to the payment otherwise due to the employer.30.Derogation from the employment contract

Section 53(1)Employers shall be entitled to temporarily reassign their employees to jobs and workplaces other than what is contained in the employment contracts, or to another employer.(2)The duration of employment as referred to in Subsection(1)may not exceed a total of forty-four working days or three hundred and fifty-two scheduled hours during a calendar year.This shall proportionately apply if the employment relationship commenced during the year, if it was entered into for a fixed term or in the case of irregular daily working time and part-time work.The employee affected shall be informed of the expected duration of work in derogation from the employment contract.(3)An employee may not be transferred to work at another location without the employee‟s consent: a)from the time her pregnancy is diagnosed until her child reaches three years of age;b)until the child reaches sixteen years of age, if a single parent;and c)if providing long-term care for a close relative in person;furthermore

d)if having suffered a degree of health impairment of at least fifty per cent as diagnosed by the body of rehabilitation experts.(4)As regards Paragraph c)of Subsection(3)the provision of Subsection(2)of Section 131 shall also apply.(5)In the case of employment under Subsection(1)the employee shall be entitled to the wage prescribed for the job in question, or at least to the base wage fixed in the employment contract.31.Disobeying instructions

Section 54(1)Employees shall refuse to carry out an instruction if it would result in direct and grave risk to the health of others or to the environment.(2)Employees may refuse to carry out an instruction if it violates the provisions of employment regulations, or it would result in direct and grave risk to the life, physical integrity or health of the employee.(3)In the event of refusal to carry out an instruction the employee shall be available nonetheless.(4)Employees may disobey the employer‟s instruction to the extent absolutely necessary to protect the employer from suffering losses, and the employer cannot be warned in time.The employer shall be notified thereof as soon as possible.32.Exemption from work duty

Section 55(1)Employees shall be exempted from the requirement of availability and from work duty: a)if unfit for work;b)if receiving treatment in a healthcare institution related to a human reproduction procedure, as specified in the relevant legislation;and c)for the duration of mandatory medical examination;furthermore

d)for the length of time required for donating blood, for a period of at least four hours;e)if they are nursing mothers, for one hour twice daily, or two hours twice daily in the case of twins during the first six months of breastfeeding, and thereafter for one hour daily, or two hours daily in the case of twins until the end of the ninth month;f)for two working days upon the death of a relative;

g)for the duration of classes in the case of employees pursuing elementary school studies, for the duration of training if participating in initial and continuing training by agreement of the parties;

h)for the duration of being engaged in fire fighting operations in a voluntary or industrial fire brigade;i)when called upon by the court or an authority, or for the duration of participating in proceedings in person;j)for any duration of absence due to personal or family reasons, or as justified by unavoidable external reasons;furthermore k)for any duration specified by employment regulations.(2)The employer, if so required for investigating the circumstances of an employee‟s breach of obligations, may exempt the employee from the requirement of availability and from work duty for the period required for the inquiry, in any case for up to thirty days.33.Legal consequences for the employee’s wrongful breach of duty

Section 56(1)In the event of any infringement of obligations arising from an employment relationship the collective agreement orthe employment contract may prescribe detrimental legal consequences consistent with the gravity of the infringement.(2)The detrimental legal consequence aforementioned may be a sanction related to the employment relationship, altering its terms and conditions for a fixed period, which shall not violate the employee‟s personal rights and dignity.Where the sanction is of a financial nature, it may notexceed the employee‟s monthly base wage in effect at the time when the sanction is imposed.(3)In connection with detrimental legal consequences Subsection(2)of Section 78 shall also apply.(4)An infringement may not be sanctioned by detrimental legal consequences if the employer has already stated it as the reason for termination of the employment relationship.(5)The measure imposing detrimental legal consequences shall be put in writing, with reasons provided.34.Entire agreement

Section 57(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(3)of Section 52;b)from Subsections(3)-(4)of Section 53;c)from Subsection(1)of Section 54;d)from Subsections(2)-(5)of Section 56.(2)Derogations from Subsection(1)of Section 55 in the collective agreement are allowed only to the benefit of workers.Chapter IX

Amendment of the Employment Contract

Section 58 Parties shall be entitled to amend employment contracts by mutual consent.The provisions on the conclusion of employment contracts shall be duly applied for the amendment thereof.Section 59 Following the end of the leave of absence defined in Sections 127-133, the employer shall make an offer to the employee for having his wages adjusted, taking into consideration the average annual wage improvement implemented in the meantime by the employer for employees in the same position.In the absence of such employees, the rate of actual annual wage improvements implemented by the employer shall be applied.Section 60(1)An employee shall be offered a job fitting for her state of health if considered unable to work in her original position according to a medical opinion from the time her pregnancy is diagnosed until her child reaches one year of age.The pregnant worker shall be discharged from work duty if no position appropriate for her medical condition is available.(2)The worker shall be given the base wage normally paid for the job offered, which may not be less than her base wage fixed in the employment contract.The base wage shall be payable for the duration of discharge, except if the job offered is refused without good reason.Section 61(1)Employers shall inform their workers concerning the following opportunities, indicating the jobs in which they are available: a)full or part-time work, b)teleworking, and c)permanent employment relationships.(2)Employers shall respond to the proposition of workers for the amendment of their employment contracts within fifteen days in writing.(3)Employers shall amend the employment contract based on the employee‟s proposition to part-time work covering half of the daily working time until the child reaches the age of three.35.Entire agreement

Section 62(1)In the agreement of the parties or in the collective agreement no derogation is allowed from Section 58.(2)Derogations from Sections 59-61 in the collective agreement are allowed only to the benefit of workers.Chapter X

Cessation and Termination of Employment Relationships

36.Cessation of an employment relationship

Section 63(1)An employment relationship shall terminate: a)upon the employee‟s death;

b)upon the dissolution of the employer without succession;c)upon the expiration of the fixed term;

d)in the case defined in Subsection(3)hereof;e)in other cases defined by law.(2)Where employment is terminated by the employer the worker shall be entitled to a sum equal to the absentee pay due for the period when exempted from work duty if the employment relationship terminates under Paragraph b)or d)of Subsection(1), except if the worker is not entitled to his wages for the period of exemption, or if otherwise provided for by law.(3)The employment relationship shall terminate if the employer taking over the economic entity under the legal transaction referred to in Subsection(1)of Section 36 or on the strength of law is not covered by this Act.(4)In the case defined in Subsection(3), the transferor shall inform the workers affected in writing, fifteen days before the termination of their employment relationship concerning the actual or proposed date of termination, and on the reasons.37.Termination of employment

Section 64(1)An employment relationship may be terminated: a)by mutual consent;b)by notice;c)by dismissal without notice.(2)The reasoning shall clearly specify the grounds for termination.The burden of proof to verify the authenticity and substantiality of the grounds of the act of termination shall lie with the party taking the legal act.38.Termination by notice

Section 65(1)An employment relationship may be terminated by the employee and the employer by notice.(2)If so agreed by the parties, the employment relationship may not be terminated by notice for a period of up to one year from the date of commencement of the employment relationship.(3)The employer may not terminate the employment relationship by notice: a)during pregnancy;b)during maternity leave;c)during a leave of absence taken without pay for caring for a child(Sections 128 and 130);d)during any period of actual reserve military service;and e)in the case of women, while receiving treatment related to a human reproduction procedure, for up to six months from the beginning of such treatment.(4)For the purposes of the protection set out in Subsection(3)hereof, the date of giving notice of the dismissal, and in the case of collective redundancies the date of notification referred to in Subsection(1)of Section 75 shall be taken into account.(5)The provisions of Paragraphs a)and e)of Subsection(3)hereof shall apply only if the worker has informed the employer thereof before the notice was given.(6)The protection referred to in Paragraph c)of Subsection(3)shall be available to the mother if unpaid leave has been taken by both parents.Section 66(1)Employers are required to justify their dismissals.(2)An employee may be dismissed only for reasons in connection with his/her behavior in relation to the employment relationship, with his/her ability or in connection with the employer‟s operations.(3)The transfer of employment upon the transfer of enterprise may not in itself serve as grounds for termination.(4)The employer shall be permitted to terminate the employment relationship of workers, other than pensioners, concluded for an indefinite duration inside the five-year period before the date when the employee reaches the age limit for old-age pension on the grounds of the workers‟ behavior in relation to the employment relationship only for the reason defined in Subsection(1)of Section 78.(5)The employment relationship of the workers referred to in Subsection(4)may be terminated in connection with workers‟ ability or for reasons in connection with the employer‟s operations if the employer has no vacant position available at the workplace referred to in Subsection(3)of Section 45 suitable for the worker affected in terms of skills, education and/or experience required for his/her previous job, or if the worker refuses the offer made for his/her employment in that job.(6)Where the employment relationship of a mother or a single father is terminated by notice Subsections(4)-(5)shall apply until the child reaches the age of three, if the employee is not taking up maternity leave or leave of absence without pay for the purpose of caring for the child(Section 128).(7)The employer may terminate by notice the employment relationship of a worker who is receiving rehabilitation treatment or rehabilitation benefits due to the worker‟s capacity related to medical reasons if the worker can no longer be employed in his/her original position and no other job is available that is considered appropriate for his/her medical condition, or if the employee refuses to accept a job offered by the employer without good reason.(8)The employer shall be permitted to terminate a fixed-term employment relationship by notice: a)if undergoing liquidation or bankruptcy proceedings;or b)for reasons related to the worker‟s ability;or

c)if maintaining the employment relationship is no longer possible due to unavoidable external reasons.(9)The employer is not required to give reasons for terminating a permanent employment relationship if the worker affected is a pensioner.Section 67(1)Workers are not required to give reasons for terminating their permanent employment relationship.(2)Workers are required to give reasons for terminating their fixed-term employment relationship.The reason given for termination may only be of such a nature as would render the maintaining of the employment relationship impossible or that would cause unreasonable hardship in light of his/her circumstances.39.Notice period

Section 68(1)The notice period shall begin at the earliest on the day following the date when dismissal is communicated.(2)Where employment is terminated by the employer, the notice period shall begin at the earliest on the day after the last day of the following periods: a)duration of incapacity to work due to illness, not to exceed one year following expiration of the sick leave period;b)absence from work for the purpose of caring for a sick child;

c)leave of absence without pay for providing home care for a close relative.(3)Subsection(2)shall apply in connection with collective redundancies if the conditions specified in Subsection(2)exist at the time when the notification referred to in Subsection(1)of Section 75 is given.Section 69(1)The period of notice is thirty days.(2)Where employment is terminated by the employer, the thirty-day notice period shall be extended: a)by five days after three years;b)by fifteen days after five years;c)by twenty days after eight years;d)by twenty-five days after ten years;e)by thirty days after fifteen years;f)by forty days after eighteen years;g)by sixty days after twenty years of employment at the employer.(3)By agreement of the parties the notice periods referred to in Subsections(1)-(2)may be extended by up to six months.(4)For the purposes of notice periods, the duration specified in Subsection(2)of Section 77 shall not be taken into consideration.(5)The period of notice for the termination of a fixed-term employment relationship by notice may not go beyond the fixed term.Section 70(1)In the event of dismissal the employer shall excuse the employee concerned from work duty for at least half of the notice period.Any fraction of a day shall be applied as a full day.(2)The exemption from work duty shall be allocated in not more than two parts, at the employee‟s discretion.(3)For the period of being excused from his duties the employee shall be entitled to absentee pay, except if he would not be eligible for any wages otherwise.(4)If the employee was excused from his duties permanently prior to the end of the notice period, and the circumstance precluding payment of wages occurred subsequent to having the employee excused from his duties, the wages already paid out may not be reclaimed.40.Provisions relating to collective redundancies

Section 71(1)„Collective redundancy‟ shall mean when an employer, based on the average statistical workforce for the preceding six-month period, intends to terminate the employment relationship: a)of at least ten workers, when employing more than twenty and less than one hundred employees, b)of 10 per cent of the employees, when employing one hundred or more, but less than three hundred employees, c)of at least thirty workers, when employing three hundred or more employees, in accordance with Subsection(3), inside a period of thirty days, for reasons in connection with its operations.(2)For employers in operation for less than six months, the average statistical number of employees referred to in Subsection(1)shall be determined for the period applicable.(3)Compliance with the requirements specified in Subsection(1)shall be ascertained, where applicable, separately for each place of business;however, the number of workers employed at various locations, but within the jurisdiction of the same county(Budapest)shall be calculated on the aggregate.The employee shall be accounted at the location where he/she works in the position registered at the time when the decision on collective redundancy was adopted.(4)The provisions on collective redundancies shall not apply to the crews of sea-going vessels.Section 72(1)The employer, if planning to carry out collective redundancies, shall initiate consultations with the works council.(2)At least seven days before the discussions, the employer shall inform the works council in writing regarding: a)the reasons for the projected collective redundancies;b)the number of workers to be made redundant broken down by categories;or c)the number of workers employed during the period specified under Subsection(1)of Section 71;

d)the period over which the projected redundancies are to be effected, and the timetable for their implementation;e)the criteria proposed for the selection of the workers to be made redundant;and f)the conditions for and the extent of benefits provided in connection with the termination of employment relationships, other than what is prescribed in employment regulations.(3)The employer‟s obligation of consultation shall apply until the conclusion of an agreement, or failing this for a period of fifteen days after the beginning of negotiations.(4)In order to reach an agreement, the negotiations shall, at least, cover: a)the possible ways and means of avoiding collective redundancies;b)the principles of redundancies;c)the means of mitigating the consequences;and d)the reduction of the number of employees affected.(5)The agreement concluded in the course of negotiations shall be made out in writing, a copy of which shall be sent to the government employment agency.Section 73(1)The decision for the implementation of collective redundancies shall specify: a)the number of workers affected, broken down by job categories;and b)the date of commencement and conclusion and the timeframe of collective redundancy, or the timetable for implementing the said redundancies.(2)Collective redundancies shall be effected in thirty-day periods.To this end, the timetable indicated in the employer‟s decision shall be taken into account.(3)The number of workers shall be calculated on the aggregate, if within thirty days from the date of disclosure of the legal act for the termination of the last employment relationship or from the date of reaching an agreement the employer communicates another statement or concludes an agreement for the termination of employment in a given period.(4)For the purposes of Subsection(3): a)legal act for the termination of employment shall mean a notice for reasons in connection with the employer‟s operations;b)agreement for the termination of employment shall be construed as a mutual agreement initiated by the employer.(5)Termination for reasons in connection with the employer‟s operations shall cover the employer actions specified in Paragraph b)of Subsection(1)of Section 79, andnotice of dismissal, if no reasoning is required under this Act.Section 74(1)The employer shall notify the government employment agency of its intention regarding collective redundancies, and of the details and aspects defined in Subsection(2)of Section 72, and shall supply a copy thereof to the works council.(2)The employer shall notify in writing the government employment agency of its decision regarding collective redundancies at least thirty days prior to delivering the notice of dismissal or the legal act defined in Paragraph b)of Subsection(1)of Section 79.This aforementioned notification shall contain: a)the identification data;b)the position;and c)the qualification of the employees to be made redundant.Section 75(1)The employer shall notify in writing the workers affected of its decision regarding collective redundancies at least thirty days prior to delivering the notice of dismissal or the dismissal without notice defined in Paragraph b)of Subsection(1)of Section 79.The notice of dismissal or the dismissal without notice may be delivered after thirty days following the time of notification.(2)The notification referred to in Subsection(1)shall be sent to the works council and the government employment agency as well.(3)Any notice of dismissal delivered in violation of Subsection(1)shall be considered unlawful.Section 76(1)The agreement under Subsection(5)of Section 72 may lay down the guidelines for the employer to select the workers affected by the termination of employment relationships.(2)Any worker who failed to supply the information necessary for the employer to discharge the obligation referred to in Subsection(1)hereof may not allege any breach of the agreement.41.Severance pay

Section 77(1)An employee shall be entitled to severance pay if his employment relationship is terminated: a)by the employer;

b)upon the dissolution of the employer without succession;or c)under Paragraph d)of Subsection(1)of Section 63.(2)Entitlement to severance pay shall only apply upon the existence of an employment relationship with the employer during the period specified in Subsection(3)at the time when the notice of dismissal is delivered or when the employer is terminated without succession.In terms of entitlement for severance pay, any period of at least thirty consecutive days for which the employee did not receive any wages shall not be taken into consideration, with the exception of: a)maternity leave and any leave of absence without pay for nursing or caring for a child(Section 128);

b)any leave of absence without pay taken for the purpose of actual reserve military service for a period of not more than three months.(3)Severance pay shall be the sum of the absentee pay due for: a)one month, for up to three years;b)two months, for up to five years;c)three months, for up to ten years;d)four months, for up to fifteen years;e)five months, for up to twenty years;f)six months, for up to twenty-five years of employment.(4)The amount of severance pay established according to: a)Paragraphs a)-b)of Subsection(3)shall be increased by one month‟s absentee pay, b)Paragraphs c)-d)of Subsection(3)shall be increased by two month‟s absentee pay, c)Paragraphs e)-f)of Subsection(3)shall be increased by three month‟s absentee pay，if the employment relationship is terminated as specified under Subsection(1)inside the five-year period before the date when the employee reaches the age limit for old-age pension.(5)The employee shall not be entitled to receive severance pay if: a)he/she is recognized as a pensioner at the time when the notice of dismissal is delivered or when the employer is terminated without succession, or b)he/she is dismissed for reasons in connection with his/her behavior in relation to the employment relationship or on grounds other than health reasons.42.Termination without notice

Section 78(1)An employer or employee may terminate an employment relationship without notice if the other party: a)willfully or by gross negligence commits a grave violation of any substantive obligations arising from the employment relationship;or b)otherwise engages in conduct that would render the employment relationship impossible.(2)The right of termination without notice may be exercised within a period of fifteen days of gaining knowledge of the grounds therefor, in any case within not more than one year of the occurrence of such grounds, or in the event of a criminal offense up to the statute of limitation.If the right of termination without notice is exercised by a body, the date of gaining knowledge shall be the date when the body, acting as the body exercising employer‟s rights, is informed regarding the grounds for termination without notice.(3)In the event of termination without notice by the employee, the employer must proceed in accordance with Subsection(3)of Section 70 and Section 77.Section 79(1)The right of termination without notice may be exercised, without giving reasons: a)by either party during the probationary period;b)by the employer in connection with fixed-term employment relationships.(2)In the case of termination under Paragraph b)of Subsection(1), the employee shall be entitled to absentee pay due for twelve months, or if the time remaining from the fixed period is less than one year, for the remaining time period.43.Procedure for the termination(cessation)of an employment relationship

Section 80(1)The employee, upon termination(cessation)of employment, shall relinquish his position as ordered and settle accounts with the employer.The employer shall sufficiently provide for the conditions of job transfer and accounting.(2)Upon termination of the employment relationship by notice, the employee shall be paid his work wages and other emoluments from the last day of work, in any case on the fifth working day after the termination of employment relationship, and shall be supplied the statements and certificates prescribed by employment regulations and other relevant legislation.Section 81(1)At the employee‟s request, the employer shallprovide a written assessment of the employee‟s work if the employment relationship lasted for at least one year.(2)If the assessment contains any false facts the employee may bring action before the court for having such facts abolished or revised.44.Legal consequences of wrongful termination of employment

Section 82(1)The employer shall be liable to provide compensation for damages resulting from the wrongful termination of an employment relationship.(2)Compensation for loss of income from employment payable to the employee may not exceed twelve months‟ absentee pay.(3)In addition to what is contained in Subsection(1)hereof, the employee is entitled to severance pay as well, if: a)his employment relationship was wrongfully terminated;or b)he did not receive any severance pay pursuant to Paragraph b)of Subsection(5)of Section 77 at the time his employment relationship was terminated.(4)In lieu of Subsections(1)-(2), the employee may demand payment equal to the sum of absentee pay due for the notice period when his employment is terminated by the employer.Section 83 In addition to what is contained in Subsection(1)of Section 82, at the employee‟s request the court shall reinstate the employment relationship: a)if it was terminated in violation of the principle of equal treatment;b)if it was terminated in violation of Subsection(3)of Section 65;c)if it was terminated in violation of Subsection(1)of Section 273;

d)if the employee served as an employees‟ representative at the time his employment relationship was terminated;e)if the employee successfully challenged the termination of the employment relationship by mutual consent or his own legal act therefor.Section 84(1)The employee, if having terminated his employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for the notice period when the employment relationship is terminated by the employer.(2)The employee, if having terminated his fixed-term employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for the time remaining from the fixed period, up to three months‟ absentee pay at most.(3)Employers shall be entitled to demand payment for damages if such are in excess of the amount described in Subsection(1)or(2).These sums in total may not exceed the employee‟s absentee pay due for twelve months.(4)The provisions on wrongful termination of employment shall apply if the employee fails to leave his post according to regulations.45.Entire agreement

Section 85(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(1)of Section 63;b)from Section 64;

c)from Subsection(1)of Section 82.(2)In the collective agreement any derogation: a)from Subsections(2)-(3)of Section 63;b)from Sections 65-68;c)from Sections 71-76;d)from Section 78;e)from Section 81;f)from Section 83;

is allowed only to the benefit of workers.(3)The notice period stipulated in the collective agreement may be longer than what is contained in Subsection(1)of Section 69.Chapter XI

Working Time and Rest Period

46.Definitions

Section 86(1)„Working time‟ shall mean the duration from the commencement until the end of the period prescribed for working, covering also any preparatory and finishing activities related to working.(2)„Preparatory or finishing activities‟ shall mean operations comprising a function of the worker‟s job by nature that is ordinarily carried out without being subject to special instructions.(3)Working time shall not cover: a)break-time, with the exception of stand-by jobs;and b)travel time from the employee‟s home or place of residence to the place where work is in fact carried out and from the place of work to the employee‟s home or place of residence.Section 87(1)„Working day‟ shall mean a calendar day or an uninterrupted twenty-four hour period defined by the employer, if the beginning and end of the daily working time as scheduled to accommodate the employer‟s operations falls on different calendar days.(2)The provisions of Subsection(1)shall also apply to determining the weekly rest periods and public holidays, where the time period between seven hours and twenty-two hours shall be regarded as a weekly rest day or public holiday.(3)„Week‟ shall mean a calendar week or an uninterrupted one hundred and sixty-eight hour period defined by the employer, if the beginning and end of the daily working time as scheduled to accommodate the employer‟s operations falls on different calendar days.Section 88(1)„Daily working time‟ shall mean the duration of working time fixed by the parties or specified by employment regulations for: a)full-time jobs;or b)part-time jobs.(2)„Scheduled daily working time‟ shall mean the regular working time ordered for a working day.(3)„Scheduled weekly working time‟ shall mean the regular working time ordered for a week.Section 89 „Night work‟ shall mean work carried out between twenty-two hours(22:00)and six hours(6:00).Section 90 The method of organizing the employer‟s work is:

a)continuous, if the time of stoppage on a given calendar day is less than six hours or if operation is suspended only for the reasons and for the duration required by the technology employed in any calendar year and aa)the employer is engaged in the provision of basic public services on a regular basis, or ab)if economic or feasible operation cannot be ensured otherwise for objective and technical reasons;b)shiftwork, if its duration reaches eighty hours in a week;c)seasonal, if work is to be performed in a specific season or a given time or period of the year, irrespective of the conditions under which the work is organized.Section 91 „Stand-by job‟ shall mean where:

a)due to the nature of the job, no work is performed during at least one-third of the employee‟s regular working time based on a longer period, during whichthe employee is at the employer‟s disposal;or

b)in light of the characteristics of the job and of the working conditions, the work performed is significantly less strenuous and less demanding than commonly required for a regular job.47.Daily working time

Section 92(1)The daily working time in full-time jobs is eight hours(regular daily working time).(2)Based on an agreement between the parties, the daily working time in full-time jobs may be increased to not more than twelve hours daily for employees: a)working in stand-by jobs;b)who are relatives of the employer or the owner(extended daily working time).(3)For the purposes of Subsection(2), „owner‟ shall mean any member of the business association holding more than twenty-five per cent of the votes in the company‟s decision-making body.(4)The regular daily working time may be reduced in full-time jobs pursuant to the relevant employment regulations or by agreement of the parties.(5)The daily working time applicable for a specific full-time job may be reduced by agreement of the parties(part-time work).48.Working time banking

Section 93(1)The employer may define the working time of an employee in terms of the „banking‟ of working time or working hours as well.(2)Where working time is established within the framework of working time banking the period covered by the banking of working time shall be arranged based on daily working time and the standard work pattern.In this context the public holidays falling on working days according to the standard work pattern shall be ignored.(3)In determining the working time according to Subsection(2)the duration of absence shall be ignored, or it shall be taken into consideration as the working time defined by the schedule for the given working day.In the absence of a work schedule the duration of leave shall be calculated based on the daily working time, whether ignored or taken into consideration.(4)Where working time is defined within the framework of working time banking the beginning and ending date shall be specified in writing and shall be made public.Section 94(1)The maximum duration of working time banking is four months or sixteen weeks.(2)The maximum duration of working time banking is six months or twenty-six weeks in the case of employees: a)working in continuous shifts;b)working in shifts;and c)employed for seasonal work;d)working in stand-by jobs;and e)in jobs defined in Subsection(4)of Section 135.(3)The maximum duration of working time banking fixed in the collective agreement is twelve months or fifty-two weeks if justified by technical reasons or reasons related to work organization.(4)Having the collective agreement terminated shall not affect work within the framework of working time banking in progress.43.Procedure upon the termination of employment relationship before the expiry of working time banking arrangements

Section 95(1)Upon the termination of employment relationship the employee‟s wages shall be calculated based on the standard work pattern, the daily working time and the time actually worked.(2)The provisions on overtime work shall apply if the employment relationship ends before the expiry of working time banking arrangements: a)upon the dissolution of the employer without succession;b)upon the expiration of the fixed term;

c)upon dismissal by the employer without notice under Subsection(1)of Section 79;

d)upon dismissal by the employer for reasons in connection with the employer‟s operations;

e)upon termination by the employee without notice, with the exception of Paragraph a)of Subsection(1)of Section 79;and the employee worked more than the working time determined based on the standard work pattern and the daily working time.(3)The provisions on downtime shall apply if the employment relationship ends before the expiry of the working time banking arrangements: a)upon the dissolution of the employer without succession;b)upon the expiration of the fixed term;

c)upon dismissal by the employer without notice under Subsection(1)of Section 79;

d)upon dismissal by the employer for reasons in connection with the employer‟s operations;

e)upon termination by the employee without notice, with the exception of Paragraph a)of Subsection(1)of Section 79;and the employee worked less than the working time determined based on the standard work pattern and the daily working time.(4)The provisions on debts from repayable advances shall apply if the employment relationship ends before the expiry of working time banking arrangements: a)by notice given by the employee;b)upon termination by the employee without notice under Paragraph a)of Subsection(1)of Section 79;c)upon dismissal by the employer without notice under Subsection(1)of Section 78;

d)upon termination by the employer for reasons in connection with the employee‟s behavior in relation to the employment relationship;e)upon termination by the employer for reasonsin connection with the employee‟s ability;and the employee received wages in excess of the wages due for the scheduled working time.50.Work schedule

Section 96(1)The rules relating to work schedules(working arrangements)shall be laid down by the employer.(2)„Flexible working arrangement‟ shall mean when the employer permitsthe employee to schedule at least half of his daily working time on the weekly average in light of the unique characteristics of the job and in the interest of autonomous work organization.(3)In the case of flexible working arrangements: a)Sections 93-112, and

b)Paragraphs a)-b)of Subsection(1)of Section 134 shall not apply, with the exception of this Subsection.(4)In connection with employment referred to in Section 53 the working arrangements applicable to the place of work shall apply.Section 97(1)Employers shall insure that the work schedule of employees is drawn up in accordance with occupational safety and health requirements and in consideration of the nature of the work.(2)Work shall be scheduled for five days a week, between Monday through Friday(standard work pattern).(3)Where working time is defined within the framework of working time banking or payroll period, working time may be determinedirregularly for each day of the week or for certain days only(irregular work schedule).(4)The work schedule shall be for at least one week and shall be made known at least seven days in advance in writing.If not provided, the last work schedule shall remain in force.(5)The employer may alter the work schedule for a given day upon the occurrence of unforeseen circumstances in its business or financial affairs, at least four days in advance.Section 98(1)Apart from working time banking, work may also be scheduled in such a way whereby the employee completes the weekly working time scheduled based on the daily working time and the standard work pattern over a longer period that the employer has determined, beginning on the given week(payroll period).(2)The duration of the payroll period shall be determined in accordance with the provisions of Section 94.(3)In connection with payroll periods, Subsections(3)-(4)of Section 93 and Sections 95 shall also apply.Section 99(1)The scheduled daily working time of an employee may not be less than four hours, with the exception of part-time work.(2)According to the work schedule: a)the daily working time of employees shall not exceed twelve hours;b)the weekly working time of employees shall not exceed forty-eight hours.(3)As regards the workers employed under Subsection(2)of Section 92, according to the work schedule: a)the daily working time of employees shall not exceed twenty-four hours;b)the weekly working time of employees shall not exceed seventy-two hours;if so agreed by the parties in writing.The agreement may be terminated by the employee with fifteen days notice effective as of the last day of the calendar month, or the last day of the working time banking arrangement if applicable.(4)The scheduled daily or weekly working time of employees may exceed the time limits specified in Subsections(2)-(3)by a maximum of one additional hour, if the date of switching to winter time falls inside the employee‟s working hours as defined in the work schedule.(5)The duration of overtime work performed according to: a)Paragraph a)of Section 107 shall be included in the employee‟s daily working time;b)Section 107 shall be included in the employee‟s weekly working time.(6)The scheduled daily working time of employees shall include the entire duration of on-call duty, if the duration of work cannot be measured.(7)In the case of an irregular work schedule, Paragraph b)of Subsection(2)and Paragraph b)of Subsection(3)shall apply with the exception that the duration of scheduled weekly working time shall be taken into account on the average.(8)As regards the employers operating by the work schedule specified according to Subsection(5)of Section 102 instead of working time banking, Paragraph b)of Subsection(2)and Paragraph b)of Subsection(3)shall not apply in connection with any calendar week when work is performed on Saturday as well.Section 100 By agreement of the parties, the employer may schedule daily working time in up to two periods split up over the day(split daily working time).Between the split daily working times scheduled at least two hours of rest must be provided.51.Scheduled working time on Sundays or public holidays

Section 101(1)Work on Sundays may be scheduled within the framework of regular working time: a)if the employer generally operates on Sundays by the nature of its business;b)in seasonal work;

c)if working in continuous shifts;d)for workers working in shifts;e)in stand-by jobs;f)for part-time workers working Saturdays and Sundays only;g)in connection with the provision of basic public services or transfrontier services, where it is necessary on that day stemming from the nature of the service;h)in the case of work performed abroad;and i)at employers engaged in commercial activities covered by the Trade Act, and at providers of services auxiliary to commercial activities and providers of tourist services of a commercial nature.(2)As regards Paragraph a)of Subsection(1)the provision of Subsection(3)of Section 102 shall be duly applied.(3)If an employee working in a stand-by job is scheduled to work on Sunday within the framework of regular working time, he may not be scheduled to work on the preceding Saturday.Section 102(1)Public holidays are 1 January, 15 March, Easter Monday, 1 May, Whit Monday, 20 August, 23 October, 1 November and 25-26 December.(2)Regular working time may be scheduled for public holidays in the cases defined in Paragraphs a)-c), g)-h)of Subsection(1)of Section 101.(3)An employer shall be considered to operate on public holidays by the nature of its business or a specific job shall be approved to operate or to be carried out on public holidays: a)if the service provided is required on that particular day by way of local tradition or commonly accepted social custom directly connected to the public holiday;or b)if provided in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health, the environment or property.(4)The provisions pertaining to scheduling work on public holidays shall apply if the public holiday falls on a Sunday, or on Easter Sunday or on Whit Sunday.(5)The minister in charge of employment and labor is hereby authorized to decree the conditions for changes in the work schedule of employees working in standard working arrangement each yearas required to accommodate the public holidays of that year.In this process no Sunday may be declared a working day, and the change implemented shall fall within the same calendar month.52.Rest breaks

Section 103(1)If the scheduled daily working time or the duration of overtime work performed under Paragraph a)of Section 107: a)exceeds six hours, twenty minutes of break-time shall be provided;b)exceeds nine hours, and additional twenty-five minutes of break-time shall be provided.(2)The duration of overtime work performed under Paragraph a)of Section 107 shall be included in the scheduled daily working time.(3)The break-time provided to employees by agreement of the parties or in the collective agreement may not exceed sixty minutes.(4)During the break-time work must be interrupted.(5)The break-time shall be provided after not less than three and before not more then six hours of work.(6)The employer shall be entitled to schedule break-times in several lots.In this case derogation from Subsection(5)is allowed, however, the duration of the break provided within the timeframe referred to in Subsection(5)must be at least twenty minutes.53.Daily rest period

Section 104(1)Employees shall be afforded at least eleven hours of uninterrupted rest period after the conclusion of daily work and before the beginning of the next day‟s work(daily rest period).(2)At least eight hours of daily rest shall be provided to employees working: a)split shifts;b)continuous shifts;c)multiple shifts;d)in seasonal jobs;e)in stand-by jobs.(3)The daily rest period shall be at least seven hours if it falls on the date of switching to summer time.(4)After an inactive stand-by period the employee shall not be entitled to any rest period.54.Weekly rest day

Section 105(1)Workers shall be entitled to two rest days in a given week(weekly rest day).(2)In the case of an irregular work schedule the weekly rest days may be scheduled irregularly as well.(3)In the application of Subsection(2), after six days of work one rest day shall be allocated in a given week, with the exception of employees working in continuous shifts, shift work or in seasonal jobs.(4)With the exception set out in Paragraph f)of Subsection(1)of Section 101, workers shall be allocated at least one weekly rest day in a given month on a Sunday.55.Weekly rest period

Section 106(1)In lieu of weekly rest days, each week workers shall be given at least forty-eight hours of uninterrupted weekly rest period.(2)With the exception set out in Paragraph f)of Subsection(1)of Section 101, the weekly rest period of workers shall be allocated at least once in a given month on a Sunday.(3)In the case of an irregular work schedule, in lieu of the weekly rest period specified in Subsection(1)workers may be allocatedthe uninterrupted weekly rest period comprising at least forty hours in a week and covering one calendar day.Workers shall be provided at least forty-eight hours of weekly rest period as an average of working time banking or the payroll period.56.Overtime hours

Section 107 „Overtime work‟ shall mean work performed: a)outside regular working hours;b)over and above the hours covered within the framework of working time banking;c)over and above the weekly working time covered by the payroll period, where applicable;and d)the duration of on-call duty.Section 108(1)At the employee‟s request overtime work shall be ordered in writing.(2)Overtime work may be ordered without limitation in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health or the environment.(3)Overtime work on public holidays may be ordered: a)if the employee can otherwise be required to work on such day;or b)in the case defined in Subsection(2)hereof.Section 109(1)In connection with full-time jobs, two hundred and fifty hours of overtime work can be ordered in a given calendar year.(2)The provisions set out in Subsection(1)shall be applied proportionately: a)if the employment relationship commenced during the year;b)in the case of fixed-term employment relationships;c)in connection with part-time jobs.57.On-call and stand-by duty

Section 110(1)An employee may be required to stand by and remain available beyond the regular daily working hours scheduled.(2)Standing by for a period of over four hours may be ordered: a)in the interest of the uninterrupted provision of basic services for the general public;b)in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health or the environment;and c)for the proper maintenance and safe operation of technological equipment.(3)When on stand-by duty, the employee shall be obliged to remain in a condition suitable for work and perform work as instructed by the employer.(4)The employer shall be entitled to designate the place where the employee is required to be available(be on-call)other than that the employee shall choose the place where he is to remain so as to be able to report for work without delay when so instructed by the employer(stand-by).(5)Subsection(1)of Section 108 shall apply to ordering stand-by duty as well.(6)The duration of availability shall be made known at least one week in advance, for the upcoming month.The employer shall be entitled to derogate from this provision under Subsection(5)of Section 97.Section 111 The duration of on-call duty may not exceed twenty-four hours, covering also the duration of scheduled daily working time and overtime work on the first day of on-call duty.Section 112(1)The duration of stand-by duty may not exceed one hundred and sixty-eight hours, which shall be taken as the average in the event that banking of working time is used.(2)The employee may be ordered to stand by not more than four times a month if it covers the weekly rest day(weekly rest period).58.Specific provisions relating to certain categories of workers

Section 113(1)The provisions on working time and rest periods shall apply subject to the exceptions set out in Subsections(2)-(4): a)from the time the employee‟s pregnancy is diagnosed until her child reaches three years of age;b)until the child reaches three years of age, if a single parent;c)for any employee who works under conditions which may be harmful to his health as defined by the relevant employment regulations.(2)In the cases referred to in Subsection(1): a)an irregular work schedule may be used only upon the employee‟s consent;b)weekly rest days may not be allocated irregularly;c)overtime work or stand-by duty cannot be ordered.(3)The workers mentioned in Paragraphs a)-b)of Subsection(1)may not be ordered to work in night shifts.(4)The scheduled daily working time of workers employed under conditions set out in Paragraph c)of Subsection(1)shall not exceed eight hours in respect of night work.(5)Subject to the exception set out in Subsection(2)of Section 108, an employee caring for his/her child as a single parent may be required to work overtime or in stand-by duty only with his/her consent as from the time his/her child reaches three years of age up to the time when the child reaches four years of age.Section 114(1)Young workers may not be ordered to work at night and may not be ordered to work overtime.(2)The daily working time of young workers is limited at eight hours, and the number of working hours performed under different employment relationships shall be added up.(3)As regards young workers: a)the maximum duration of working time banking is one week;

b)if the scheduled daily working time is over four and a half hours or six hours, the break-time provided shall be at least thirty minutes or forty-five minutes, respectively;c)the daily rest period allocated shall be at least twelve hours.(4)In the case of young workers Subsection(2)of Section 105 and Subsection(3)of Section 106 shall not apply.59.Vacation

Section 115(1)Workers are entitled to paid annual leave based on the time spent at work, comprising vested vacation time and extra vacation time.(2)In the application of Subsection(1), time spent at work shall include: a)any duration of exemption from work as scheduled;b)any duration of paid leave;c)any duration of maternity leave;d)the first six months of leave of absence without pay for caring for a child(Section 128);e)any duration of incapacity up to thirty days per calendar year;f)any duration of leave of absence without pay taken up to three months for the purpose of actual reserve military service;g)the duration of exemption from work specified in Paragraphs b)-k)of Subsection(1)of Section 55.Section 116 The amount of vested vacation time shall be twenty working days.Section 117(1)Workers shall be entitled to extra vacation time as follows: a)one working day over the age of twenty-five;b)two working days over the age of twenty-eight;c)three working days over the age of thirty-one;d)four working days over the age of thirty-three;e)five working days over the age of thirty-five;f)six working days over the age of thirty-seven;g)seven working days over the age of thirty-nine;h)eight working days over the age of forty-one;i)nine working days over the age of forty-three;j)ten working days over the age of forty-five.(2)Employees shall be first entitled to extra vacation time in the year when reaching the age specified in Subsection(1)above.Section 118(1)Workers shall be entitled to extra vacation time as follows: a)two working days for one child;b)four working days for two children;c)a total of seven working days for more than two children under sixteen years of age.(2)The extra vacation time referred to in Subsection(1)shall be increased for children with disabilities by two working days per child.(3)For the purposes of entitlement to extra vacation time, a child shall first be taken into consideration in the year of his birth and for the last time in the year in which he/she reaches the age of sixteen.(4)Upon the birth of his child, a father shall be entitled to five days of extra vacation time, or seven working days in the case of twins, until the end of the second month from the date of birth, which shall be allocated on the days requested by the father.Such leave shall be provided also if the child is stillborn or dies.Section 119(1)Young workers shall be entitled to five extra days of vacation time each year.The last time such benefit applies shall be the year when the young workers reaches eighteen years of age.(2)Employees permanently working underground or spending at least three hours a day on a job exposed to ionizing radiation shall be entitled to five extra working days of vacation each year.Section 120 Employees having suffered a degree of health impairment of at least fifty per cent as diagnosed by the body of rehabilitation experts shall be entitled to five working days of extra vacation time a year.Section 121(1)An employee, whose employment relationship was concluded or terminated during the year, shall be entitled to a commensurate portion of vacation time for such year.(2)Any fraction of a day that comes to half a day shall count as a full working day.60.Allocation of vacation time

Section 122(1)Vacation time shall be scheduled by the employer upon hearing the employee.(2)With the exception of the first three months of the employment relationship, employers shall allocate seven working days of the vested vacation time in a given year in not more than two parts, at the time requested by the employees, to which the provisions of Section 121 shall apply.The employee shall notify the employer of such request at least fifteen days in advance.(3)Unless otherwise agreed, vacation shall be allocated to contain at least fourteen consecutive days at a time.(4)Employees shall be notified of the scheduled date of their vacation time no later than fifteen days before the first day of vacation.(5)With the exception set out in Section 125, vacation time shall not be financially compensated.Section 123(1)Vacation time shall be allocated in the year in which it is due.(2)If the employment relationship commenced on the first of October or subsequently, the employer shall be entitled to allocate vacation time by 31 March of the next year.(3)If vacation time could not be allocated as under Subsection(1)for reasons within the employee‟s control, it shall be allocated within sixty days after the cause is remedied.(4)Vacation time shall be considered allocated during the year when it is due, provided that it begins during that year and the portion allocated in the following year does not exceed five working days.(5)In the event of economic reasons of particular importance or any direct and consequential reason arising in connection with its operations, the employer: a)may amend the date of vacation previously agreed upon;b)may recall the employee from vacation;c)may allocate one-fourth of the employee‟s vacation time by 31 March of the following year if so stipulated in the collective agreement.(6)By agreement of the parties, the employer shall be entitled to allocate one-third of the vacation time specified in Sections 116-117 by the end of the year following the year when due.(7)Employers shall reimburse the employees for any damages and/or expenses incurred in connection with the modification or interruption of vacation.In the case referred to in Paragraph b)of Subsection(5), the time spent by traveling from the place of stay during the vacation to the place of employment, or the return trip and the time spent working shall not be included in the vacation time.Section 124(1)Vacation time shall be allocated according to the working days stipulated in the work schedule.(2)If the work scheduled differs from the daily working time, in the allocation of vacation time the employee shall be relieved from work for the duration scheduled, and the vacation time allocated shall be accounted and recorded in the same amount of hours.(3)In the absence of a work schedule, the vacation shall be allocated based on the standard work pattern and on daily working time.Section 125 Upon termination of the employment relationship, compensation shall be provided for any vacation time not previously allocated as due.61.Sick leave

Section 126(1)Employees shall be entitled to fifteen working days of sick leave per calendar year for the duration of time during which the employee is incapacitated to work.(2)By way of derogation from Subsection(1), sick leave shall not be available in connection with any duration of being unfit for work due to accidents at work and occupational diseases as specified by social insurance provisions, and to pregnancy with possible delivery problems.(3)In respect of employment relationships beginning during the year, employees shall be entitled to sick leave as commensurate for the remaining part of the year.(4)The provisions of Section 124 shall apply in connection with sick leave, with the exception that if the employee is not required to work on public holidays, such days shall be treated as working days.(5)The provision of Subsection(2)of Section 121 shall also apply to sick leave.62.Maternity leave, leave of absence without pay

Section 127(1)Mothers shall be entitled to twenty-four weeks of maternity leave.(2)Maternity leave shall also be provided to a woman who has been given custody of a child for the purpose of adoption.(3)In the absence of an agreement to the contrary, maternity leave shall be allocated so as to commence four weeks prior to the expected time of birth.(4)If the child receives treatment in an institute for premature infants, the unused portion of the maternity leave may be used after the child has been released from the institute up to the end of the first year following birth.(5)The duration of maternity leave, except where entitlement is specifically connected to work, shall be recognized as time spent at work.Section 128 Employees shall be entitled to unpaid leave at the times requested by the worker for the purpose of taking care of his/her child, until the child reaches the age of three.Section 129(1)The periods of leave referred to in Sections 127-128 shall end: a)if the child is stillborn;b)if the child dies, on the fifteenth day following death;c)on the day following placement of the childinto temporary custody, temporary or permanent foster care, or in a social institution with room and board for over thirty days.(2)In the cases described in Subsection(1), the period of leave shall be no less than six weeks from the date of birth.Section 130 In addition to what is contained in Section 128, employees shall be entitled to unpaid leave for providing care for a child in person until the child reaches the age of ten, during the period of receiving child-care allowance.Section 131(1)Employees shall be entitled to unpaid leave for providing care for a relative in person for any extended period(foreseeably more than thirty days), for the duration of care, in any case for up to two years.(2)Extended care and its justification shall be certified by the physician of the person in need of care.Section 132 Employees shall be entitled to unpaid leave for the duration of actual reserve military service.Section 133(1)Employees shall convey the request for leave of absence without pay in writing, at least fifteen days in advance.(2)The leave of absence without pay shall end at the time the employee has indicated, or at the earliest on the thirtieth day from the date of delivery of the legal act for the termination of leave.(3)The provisions of Subsections(1)-(2)concerning time limits shall not apply to the unpaid leave defined in Section 132.63.Records of working time and rest periods

Section 134(1)Employers shall keep records of: a)the durations of regular working time and overtime;b)the durations of stand-by duty;c)periods of leave.(2)The records aforementioned shall be updated regularly and shall contain facilities to identify the time of commencement and ending of any regular and overtime work and stand-by duty.(3)By way of derogation from Subsection(2), the records referred to in Paragraph a)of Subsection(1)may be maintained in the form of verifying the work schedule made out in writing at the end of the month, updated on a daily basis.(4)Employers shall keep records of the agreements made under: a)Subsection(2)of Section 92;b)Subsection(3)of Section 99;c)Subsection(4)of Section 135.64.Entire agreement

Section 135(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(5)of Section 122;

c)from Subsections(1)-(2)and(4)of Section 127;c)from Section 134.(2)In the collective agreement any derogation: a)from Sections 86-93;b)from Section 95;c)from Subsections(2)-(3)of Section 96;d)from Subsection(1)of Section 97;e)from Section 99;f)from Sections 101-108;g)from Subsection(2)of Section 109;h)from Section 111;

i)from Sections 113-121;j)from Sections 124-126;k)from Subsection(5)of Section 127;l)from Sections 128-133 is allowed only to the benefit of workers.(3)The amount of overtime that may be ordered based on the collective agreement is limited at three hundred hours in a given year.(4)The agreements of parties may derogate from the provisions contained in Subsection(2)of Section 99 and collective agreements may derogate from Sections 101-109 with respect to: a)employees working as navigators, flight attendants and aviation engineers or engaged in providing ground handling services to passengers and aircraft, and participating in or providing direct support for navigation services;b)employees working in travel-intensive jobs in the domestic or international carriage of passengers and goods by road;c)carriers and traffic controllers working in a local public transportation system for the carriage of passengers or in a scheduled intercity transportation system inside a fifty-kilometer radius;d)traveling workers and traffic controllers working in the carriage of passengers by rail and in the carriage of goods by rail;e)employees working in harbors.(5)The agreements referred to in Subsection(4)may be concluded on condition that: a)the scheduled daily working time exceeds the time periods defined in Subsection(2)of Section 99 by not more than twelve hours;b)the agreement may be terminated by the employee with fifteen days notice effective as of the last day of the calendar month, or the last day of the working time banking arrangement if applicable.(6)The working time of the employees specified under Subsection(4)may be split up according to the collective agreement.Chapter XII

Remuneration for Work

65.Base wage

Section 136(1)The base wage must be at least the mandatory minimum wage.(2)The base wage shall be specified on a time basis.(3)In determining the base wage for one hour of the basic monthly salary, the amount of the basic monthly salary shall be divided: a)by one hundred and seventy-four hours in the case of regular daily working time;b)by the commensurate part of one hundred and seventy-four hours in the case of irregular daily working time and part-time work.Section 137(1)Employers may establish wages on a time or performance basis, or by a combination of the two.(2)Performance-based wage means where wages are paid on the basis of performance-related requirements specified for each worker separately in advance.(3)Wages in the form of performance-based wages exclusively may be established only if so agreed in the employment contract.This also applies where wages are paid on a time and performance basis combined, if the time rate is lower than the base wage.Section 138(1)If wages are paid on the basis of performance, performance requirements shall be determined by the employer on the basis of preliminary and objective surveys and calculations covering the potential to perform one hundred per cent of such requirements during regular working hours.(2)Performance requirements are to be established, and employee groups under the same performance requirements are to be determined in a manner consistent with the employer‟s operating conditions, such as the objective requirements relating to the performance of work, work organization and the technology employed.(3)In the event of any dispute concerning performance requirements, the burden of proof to verify that the procedure did not violate the provisions laid down in Subsections(1)-(2)lies with the employer.(4)The employees concerned shall be given written notice of performance requirements and performance-based wage factors in advance.(5)The performance factors for full-time employees shall be established so that the wages payable upon one hundred percent fulfillment of the normative performance requirement and upon the completion of the full working time shall amount to at least the mandatory minimum wage.(6)In the case of employees whose wages are paid on the basis of performance only, a guaranteed salary is to be paid of an amount up to at least half of the base wage.66.Wage supplement

Section 139(1)A wage supplement is paid to employees in addition to their wages for regular working time.(2)Unless otherwise agreed, the amount of wage supplement is calculated based on the employee‟s base wage.Section 140(1)The employees referred to in Paragraphs d)-e)and i)of Subsection(1)of Section 101, if required to work Sundays in regular working time, shall be entitled to a fifty per cent wage supplement.(2)Employees required to work on public holidays in regular working time shall be entitled to a one hundred per cent wage supplement.(3)The wage supplement under Subsection(2)shall be paid for working on Easter Sunday or on Whit Sunday, or on public holidays falling on Sundays.Section 141(1)If the beginning of the scheduled daily working time of employees changes frequently, for work performed between eighteen hours(18:00)and six hours(6:00)a thirty per cent wage supplement(special payment for shift work)shall be paid.(2)For the purposes of Subsection(1), changes shall be considered frequent ifthe beginning of the scheduled daily working time differs for at least one-third of all working days, and if the earliest and the latest start time are at least four hours apart.Section 142 Employeesshall be entitled to a fifteen per cent wage supplement for night work, provided that it exceeds one hour.Section 143(1)In accordance with the relevant employment regulations or by agreement of the parties, employees shall be entitled to a fifty per cent wage supplement or to time off: a)for overtime work performed in addition to the daily working time shown in the work schedule;b)for work performed within the framework of working time banking;or c)for work performed above and beyond the payroll period.(2)The duration of time off may not be less than the overtime work ordered or the work performed, and shall be remunerated by a commensurate part of the base wage.(3)Where overtime work is ordered on the scheduled weekly rest day(weekly rest period), a one hundred per cent wage supplement shall be paid.The wage supplement shall be fifty per cent if the employer provides another weekly rest day(weekly rest period).(4)Where overtime work is ordered on a public holiday, the employee shall be entitled to a wage supplement as under Subsection(3).(5)The time off or the weekly rest day(weekly rest period)mentioned in Subsection(3)shall be allocated at the latest during the month following the month when the overtime work was performed, or by the end of the banking of working time or the payroll period in the case of an irregular work schedule.In connection with work performed in derogation of the above, or over and above the relevant working time banking arrangement, the time off shall be provided at latest by the end of the next working time banking cycle.(6)By agreement of the parties, time off shall be provided at latest by 31 December of the following year.Section 144(1)For stand-by duty and on-call duty, a twenty per cent and forty per cent wage supplement shall be paid, respectively.(2)In connection with work performed a wage supplement shall be paid in accordance with Sections 139-143.(3)In connection with on-call duty, if the work performed cannot be measured a fifty per cent wage supplement shall be paid by way of derogation from Subsections(1)-(2).Section 145(1)By agreement of the parties, the base wage may include the wage supplements referred to in Sections 140-142 as well.(2)In the employment contract the parties, a)in lieu of wage supplement;b)in the case of stand-by and on-call duty;may stipulate a fixed monthly payment covering regular wages and wage supplements as well.67.Payments for periods of absence

Section 146(1)In the event of the employer‟s inability to provide employment as contracted during the scheduled working time(downtime), the employee shall be entitled to his base wage, unless it is due to unavoidable external reasons.(2)If the employee is exempted from work under the employee‟s consent, remuneration for such lost time shall be paid on the basis of their agreement.(3)The employee shall be entitled to absentee pay: a)for the duration of leave;b)in the cases referred to in Paragraphs c)-g)of Subsection(1)of Section 55 and in Subsection(2)of Section 55;c)in the case referred to in Paragraph i)of Subsection(1)of Section 55, if heard as a witness;d)if wages are paid on a time or performance basis for the daily working time, if working time is reduced on account of a public holiday falling on a regular working day;e)where payment for periods of absence is prescribed by the relevant employment regulations without specifying the actual amount of such payment.(4)For the duration of sick leave seventy per cent of the absentee pay shall be paid.Section 147(1)In addition to the payments defined in Subsections(1)and(3)of Section 146, an employee shall be entitled to a wage supplement as well if he would otherwise have been due for a wage supplement based on the work schedule for the time when exempted from work.(2)In the case referred to in Subsection(1), the employee shall be entitled to a commensurate wage supplement when on sick leave.68.Calculation of absentee pay

Section 148(1)The amount of absentee pay shall be calculated based on the base wage in effect at the time when due, and on the performance-based wage and wage supplement paid for the last six calendar months(relevant period).(2)The payments for periods of absence to which the employee is entitled shall not be taken into consideration for the purpose of calculating the absentee pay.(3)In determining the amount of daily or monthly absentee pay, the absentee pay payable for one hour shall be multiplied by the daily working time, or as specified in Subsection(3)of Section 136, except where Section 149 applies.(4)In determining the amount of absentee pay, the sums calculated according to Sections 149-151 shall be applied on the aggregate.Section 149(1)In the case of monthly salary: a)in determining the amount of hourly absentee pay, the provisions of Subsection(3)of Section 136 shall apply;b)absentee pay for one day shall be established by multiplying the hourly absentee pay by the daily working time;c)the amount of absentee pay for a month shall be the same as the base wage.(2)In the case of hourly wages: a)the amount of absentee pay for an hour shall be the same as the hourly wage;b)absentee pay for one day shall be established by multiplying the hourly wage by the daily working time;

c)in determining the amount of absentee pay for a month, the hourly wage shall be multiplied according to Subsection(3)of Section 136.Section 150(1)In determining the amount of absentee pay, the performance-based wage paid under Subsection(3)of Section 137 shall be taken into account.(2)The performance-based wage shall be taken into consideration as commensurate for the relevant period, irrespective of the date of payment.(3)As regards the employees whose income consists of performance-based wage only, the base wage shall not apply when calculating the amount of absentee pay.(4)In determining the absentee pay for one hour, the performance-based wage due for regular working time during the relevant period shall be divided by the number of hours worked in regular working time during the relevant period, for which the performance-based wage was paid(divider).Section 151(1)In determining the absentee pay, if the employee was not scheduled to work under the duration of being exempted from work, the wage supplement specified in Sections 141-142 and in Subsection(1)of Section 144 shall be taken into consideration in accordance with Subsections(2)-(3).(2)A shift premium and a night shift supplement shall be taken into account when determining the amount of absentee pay if the employee was working during at least thirty per cent of the scheduled working time within the relevant period during hours when shift premium or night shift supplement is normally paid.(3)A wage supplement paid for on-call and stand-by duty shall be taken into account when determining the amount of absentee pay if the employer ordered the employee to work on-call and stand-by duty during the relevant period covering at least ninety-six hours in a month on average.(4)In determining the absentee pay for one hour, the absentee pay due for the relevant period shall be divided by the number of hours worked in regular working time during the relevant period, for which the wage supplement was paid(divider).(5)If the employer established a fixed-sum payment specified in Section 145 for the employee in lieu of the wage supplements referred to in Subsection(1), the amount of the fixed monthly payment shall be divided by the number of hours worked in regular working time during the relevant period(divider).Section 152(1)In determining the absentee pay, if no wages had been paid during the relevant period, the base wage shall be taken into account.(2)If the employment relationship was concluded less than six months ago, for the purposes of calculating the absentee pay the calendar months or month shall be recognized as the relevant period.In the absence of a full calendar month, the base wage or the monthly fixed payment shall be taken into account.69.Mandatory minimum wage, guaranteed wage minimum

Section 153(1)The Government is hereby authorized to determine the amount and scope of: a)the mandatory minimum wage, and b)the guaranteed wage minimum, following consultations in the Nemzeti Gazdasági és Társadalmi Tanács(National Economic and Social Council)by means of a decree.(2)The mandatory minimum wage specified by the Government for certain groups of employees may differ.(3)The amount and scope of the mandatory minimum wage shall, in particular, be determined based on the requirements prescribed for specific occupations, the indicators of the national labor market, the status of the national economy, and the unique requirements of certain economic sectors and geographical areas in terms of workforce.(4)The amount of the mandatory minimum wage shall be reviewed each calendar year.(5)The Government is hereby authorized to decreethe expected level of pay increases deemed necessary to preserve the net value of wages below 300,000 forints gross, and the level of non-wage benefits that can be taken into consideration within that framework, and the detailed rules relating to the expected level of pay increases.70.Protection of wages

Section 154(1)With the exception of work performed abroad and unless otherwise prescribed by the relevant legislation, all wages shall be established and paid in forints.(2)Wages may not be paid by means of vouchers or any other means of substitute payment instruments.Section 155(1)In the absence of an agreement to the contrary, the wages of employees shall be retrospectively accounted at least once a month.(2)The payroll statement of wages paid shall be made available in writing by the tenth day of the following month.(3)The payroll statement referred to in Subsection(2)shall have facilities to allow the employee to check the authenticity of calculations, as well as the grounds and sums of deductions.(4)The employee affected shall be informed by the twentieth of the following month if the payroll statement of wages for the given month needs to be revised due to reasons arising after the statement was completed.At the same time, the wages owed shall be paid out if the amount the employee originally received was less than the amount shown in the revised payroll statement.If, according to the revised payroll statement, the amount originally paid out was higher than the amount that is in fact due to the employee, the employer may deduct the excess sum in accordance with the provisions on debts from repayable advances.Section 156(1)In the case of an irregular work schedule and if wages are paid by the hour, the employer shall account and pay the employee‟s wages in accordance with Subsection(3)of Section 136, unless there is an agreement to the contrary.(2)Upon expiry of the working time banking arrangement, the employee‟s wages shall be calculated based on the standard work pattern and the daily working time, and on the time actually worked.(3)Within twenty days following expiry of the working time banking arrangement, if the employee was underpaid compared to the amount of wages calculated as under Subsection(2), the difference shall be paid out.(4)The provisions on debts from repayable advances shall apply if the employee was overpaid compared to the amount of wages calculated as under Subsection(2).Section 157(1)Wages shall be paid by the tenth of the month following the month to which it pertains.(2)In the case of workers whose wages are paid on the basis of performance only, if the result serving as a basis for the employee‟s wages, in full or in part, can only be established after a period of more than one month, it shall be paid at the time as appropriate.An advance shall be paid at least monthly, amounting to half of the base wage.Section 158(1)Wages shall be paid in cash, or by way of transfer to the payment account the employee has indicated.(2)If wages are paid by way of transfer to the employee‟s payment account, the employer shall ascertain that the employee shall have access to his wages on payday.(3)Payment of wages may not invoke any cost on the employees‟ part, except if the transfer is made to a payment account opened at a payment service provider that is established or has a branch in a state other than Hungary.(4)Wages shall be paid to the employee or his authorized representative, except if the employee‟s access is restricted by a court ruling or by resolution of the relevant authority.Section 159(1)If wages are paid in cash, the exceptions set out in Subsections(2)-(6)shall be observed, unless there is an agreement to the contrary.(2)If payday falls on a weekly rest day(weekly rest period)or a public holiday, the wages shall be paid at the latest on the last preceding working day.(3)If an employee is not at his place of employment for justified reasons on payday, his wages shall be paid on the last preceding working day spent at such place, or shall be sent to his place of residence at the employer‟s expense.(4)The employer shall pay at latest on the working day preceding the date when vacation commences: a)the wages due on a payday falling within the time of the vacation;and b)the wages payable for the time of leave.(5)If employment was terminated prior to payday, the employer shall forward the wages to the address indicated by the employee.The costs thereof shall be borne by the employer.(6)Wages shall be paid at the employee‟s place of employment or at the employer‟s main offices during working time.In places of entertainment wages shall only be paid to the persons working therein.Section 160 In the event of any delay, interest for late payment shall be paid from the date of default as calculated by the central bank base rate in effect on the last day preceding the calendar half-year to which it pertains.Section 161(1)Deductions from wages shall only be made on the basis of the relevant legislation, oron an enforcement order.(2)Employers may deduct their claims from wages: a)up to the deduction-free part of the wages based on the employee‟s consent;or b)if it originates from the provision of an advance.(3)It is forbidden to implement a wage deduction which benefits the employer, his representative or a mediator in exchange for establishing or sustaining the employee‟s employment relationship.Section 162 No set-off is permitted in relation to deduction-free wages.Section 163(1)The employee may not waive his claim to his wages by way of a unilateral act.(2)The deduction-free part of the wages shall not be assigned.Section 164 Any wages paid without legal grounds may be reclaimed after sixty days if the employee should have recognized, or has himself caused, the unsubstantiated nature of the payment.71.Entire agreement

Section 165(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Section 136;

b)from Subsection(3)of Section 137;c)from Subsections(1)-(5)of Section 138;d)from Subsection(1)of Section 139;e)from Section 154;

f)from Subsections(5)-(6)of Section 159;g)from Sections 161-163.(2)In the collective agreement derogations: a)from Subsection(6)of Section 138;b)from Section 160;c)from Section 164;

are allowed only to the benefit of workers.Chapter XIII

Employer‟s Liability for Damages 72.Liability for damages caused

Section 166(1)The employer shall be liable to provide compensation for damages caused in connection with an employment relationship.(2)The employee shall be relieved of liability if able to prove: a)that the damage occurred in consequence of unforeseen circumstances beyond his control, and there had been no reasonable cause to take action for preventing or mitigating the damage;or b)that the damage was caused solely by the unavoidable conduct of the aggrieved party.(3)Where the worker is employed by another employer under Section 53, the liability of the employers shall be joint and several.Section 167(1)The employer shall compensate the employee for all his losses in full.No compensation is required if the employer is able to verify that the occurrence of such loss could not have been anticipated.(2)No liability shall apply to the portion of the damage resulting from the employee‟s wrongful conduct or that was incurred due to the employee‟s failure to perform his obligations in relation to the mitigation of damage.(3)The court, under special and equitable circumstances, may grant partial exemption from liability to the employer held liable for damages, upon weighing the financial standing of the parties, the gravity of the infringement and the consequences of providing compensation.Section 168(1)Employers shall be subject to liability in accordance with Sections 166-167 for damages caused to objects and things of the employees brought along to the place of employment.(2)Employers may require things brought to the workplace to be deposited in a safe place or to have them reported.Articles which are not essential for the commute to and from work, or for the work itself may be carried into the workplace upon the employer‟s consent.In the event of breaching these rules the employer shall be held liable for damages only if caused willfully.73.Extent and mode of compensation for damage

Section 169(1)For the purposes of determining loss of income from employment, the lost wages and the cash value of the regular benefits for which the employee is entitled on the basis of the employment relationship in addition to his wages shall be taken into consideration, provided that such were regularly received prior to the occurrence of the damages.(2)Other regular earnings and legitimate income lost due to the grievance shall be compensated for as income lost from gainful activities other than employment.(3)Damages prevented by the employee by extraordinary work performance in spite of his severe handicap originating from the grievance shall also be compensated.(4)No liability shall apply for the value of benefits that, by nature, are only provided in connection with work, and for any expense reimbursements.Section 170(1)The value of in kind benefits and the amount of damage to property shall be determined by the retail prices in effect at the time the damage liability is established.(2)Depreciation shall also be included in the valuation of damage to property.If the damage to property can be repaired without any loss of value, only the repair cost shall be assessed for the amount of damages.Section 171(1)Employers shall also be liable for reimbursing the relatives of employees for any damages incurred in connection with the incidence of damage.(2)In the event of the employee‟s death in connection with the incidence of damage, the dependent relative of such employee may demand compensation in substitution for the lost support, in addition to what is contained in Subsection(1), in the amount required to ensure his/her previous living standards, also taking into account of his/her factual or presumably achievable wages or income.Section 172 The following shall be deducted from the amount of compensation: a)benefits provided under the social security system or by a voluntary mutual insurance fund;b)the income in fact earned by the employee, or which could have been earned in the given situation within reason;c)the profit earned by the employee(his relatives)through the utilization of the damaged property;d)the benefit gained by the beneficiary as a result of expenses saved in consequence of the occurrence of the damage.Section 173(1)Compensation may be provided in the form of regular payments as well.Regular payments shall, on general principle, be awarded if the compensation is intended to be used for the support of the employee or his relative eligible thereto, or as a supplement to such support.(2)If the amount of damage, in part or in full, cannot be precisely calculated, the employer shall be liable to pay a general compensation in the amount as is appropriate to provide full indemnification to the aggrieved party.General compensation may also be awarded in the form of regular payments.Section 174(1)In the event of any material changes in the circumstances subsequent to the award of damages, both the aggrieved party and the employer, and the insurance companyif this cannot be determinedfurthermorewithout explanationunless the employee failed to attend in spite of being duly notifiedif the expenses actually incurred cannot be determinedfor the duration of the agreementin part or in whole-to act as the director‟s deputy(hereinafter referred to collectively as “executive employee”).(2)Employment contracts may invoke the provisions on executive employees if the employee is in a position considered to be of considerable importance from the point of view of the employer‟s operations, or fills a post of trust, and his salary reaches seven times the mandatory minimum wage [Paragraph a)of Subsection(1)of Section 153].Section 209(1)The employment contract of executive employees may derogate from the provisions of Part Two of this Act, save where Subsection(2)applies.(2)Collective agreements shall not apply to executive employees.(3)Executive employees shall work under flexible arrangements.(4)Executive employees shall be subject to full liability for damages caused by negligence.(5)By way of derogation from Subsections(1)-(2)of Section 84, the executive employee, if having terminated his employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for twelve months.Section 210(1)When employment is terminated by the employer, the following shall not apply: a)Paragraph c)of Subsection(3)of Section 65;b)Subsections(1)-(6)of Section 66;and c)Subsection(2)of Section 68.(2)The right of termination without notice of an executive employee may be exercised within three years of the occurrence of the cause serving grounds therefor, or in the event of a criminal offense up to the statute of limitation.(3)The employer shall be liable to pay up to six months‟ absentee pay due to the executive employee from the remuneration payable upon termination of his employment, if the notice of termination is delivered after the opening of bankruptcy or liquidation proceedings.Any additional sum shall be payable upon the conclusion or termination of bankruptcy proceedings, or upon the conclusion of liquidation proceedings.Section 211(1)Executive employees may not enter into additional employment-related relationships.(2)Executive employees: a)shall not acquire shares, with the exception of the acquisition of stocks in a public limited company, in a business association which is engaged in the same or similar activities or that maintains regular economic ties with their employer;

b)shall not conclude any transactions falling within the scope of the employer‟s activities in their own name or on their own behalf;and

c)shall report if a relative has become a member of a business association which is engaged in the same or similar activities or that maintains regular economic ties with the employer, or has established an employment-related relationship for an executive office with an employer engaged in such activities.92.Incapacitated workers

Section 212(1)Incapacitated workers may conclude employment relationships only for jobs which they are capable to handle on a stable and continuous basis in the light of their medical condition.(2)The functions of the employee‟s job shall be determined by definition of the related responsibilities in detail.The employee‟s medical examination shall cover the employee‟s ability to handle the functions of the job.(3)The employee‟s work shall be supervised continuously so as to ensure that the requirements of occupational safety and health are satisfied.(4)The provisions of Chapter XIV shall not apply to such employees;furthermore, the provisions pertaining to young workers shall apply.93.Entire agreement

Section 213 In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Section 192;

b)from Subsections(2)-(3)and(5)of Section 195;c)from Section 196;

d)from Subsection(3)of Section 197;e)from Section 198;

f)from Sections 200-207;g)from Section 212.Chapter XVI

劳动法英文版 篇2

关键词：公共健康,可持续社区,目标,社区赋权,社会资本

Public health has developed a long time before sustainable community inEngland, the two agendas has been prominently adopted by labour government in 1997 (lawless, 2006) .As there are inextricable linkage between public health and sustainable community, First of all we have to understand the two greatly important terms.

Public Health always exists in human's life.It went through three ‘revolutions’.Terris (1983) identified the first two revolutionary changes: the infectious disease and the chronic disease revolutions.The first revolution pursued the goals of controlling and eliminating the threat posed by the great epidemics that might detriment the human populations.Public Health was no longer a mission for charity organizations but integrated into the bureaucratic system that the Nation-state controls.Once the transmissible diseases was controlled, chronic diseases became the leading causes of death, which forced the second revolution whose goals were increasing the longevity of human through preventing chronic diseases.The practice of PH had been transformed by deep professionalization movements through Health Education by a bunch of professionals.And now since the emergence of Health Promotion (HP) and the development of the Ottawa Charter, PH is undergoing a third revolution.Since in many countries the longevity has reached its maximum, some energy could be devoted to advance health as a resource for living.

There have always been debates about the definition of ‘Public Health’.But based on the three revolutions’ centre aims, it was generally defined ‘the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals’ (1920, C.E.A.Winslow) .According to the public health white paper (Great Britain DH, 2004) , the government has accepted the definition in order to sustain an ethos of fairness and equity and take actions to tackle the causes of illhealth and reduce inequalities.The public health agenda is choosing health: making healthy choices easier.

What is a sustainable community? Sustainable community are places where people want to live and work, now and in the future.They are well planned built and run, offer good services and equality of opportunity for all.Moreover, they are sensitive to the environment and meet the diverse needs of existing and future residents with a good quality of life (Department for EFRA, 2006) .

Which components should a community contain in order to be a sustainable one? From the macro-perspectives, first of all the balance among economy, society and environment should be enhanced and maintained, and the three fields overlap with one another and they are all there.Secondly, development that meets the need of the present without compromising the ability of future generations to meet their own needs should be maintained (The Brundtland Report, 1987) .The last one is respecting the needs of other communities in a wider region.From the micro-perspectives, the community must provide decent homes with affordable price, good public transport and health services, education and entertaining facilities, a clean and safe environment, open places where people can relax and a democratic way of deciding how the community should be run etc (The Brundtland Report, 1987) .

“Sustainable communities are settlements which meet diverse needs of all existing and future residents; contribute to a high quality of life; and offer appropriate ladders of opportunity for household advancement, either locally or through external connections.They also limit the adverse external effects on the environment, society and economy.” (Kearns and Turok, 2004) .UK's sustainable community agenda contains lots of programmes like New Deal for communities; cleaner, safer, greener; and other targeting programs (Department of Health report) .According to Kearns and Turok (2004) , one of the biggest challenges facing government is how to embed the significant cultural shifts represented by the sustainable communit'’s agenda into the attitudes and behaviour of citizens and businesses towards the environment, society, economy and patterns of resource consumption.Sustainability considerations need to be pursued as everyone's responsibility, from government to citizen and private enterprise.Sustainable communities require ‘mainstreaming’, not simply into government departments and public services, but into the everyday practices of the economy and wider society.Another challenge is how to deal with the relationships between economic, social and environmental improvements, can they be mutually supportive and improved simultaneously or should there be any trade-offs or sacrifice?

Because people's health cannot be separated from the place where they are living and working, public health agenda always connects with sustainable community agenda in many ways:reducing the disparities, increasing the social inclusion degree, facilitating the primary health services and targeting poverty.They always have intertwined points owing to they both are under the influences of environment, society and economy.Since health has been taken as a commodity within the community, it gives the sign or criteria for capable people to choose which community is inclusive and ‘sustainable’.Both agendas give individual a big opportunity and responsibility to choose and sustain their own situation.

All of these overlaps between public health agenda and sustainable community agenda are for the delivering effective public health inUK.When we make a further understanding of the two major theories, there are few concepts we should discuss and understand which are community, targeting, and community empowerment social capital.

‘Community’ is an abstract word and entity which describes a group of living being sharing a common environment.It is still a hotly contested theory.In sociology, there is no widely agreed definition on it, traditionally, community means a group of interacting people living in a certain location organised around a common value and social cohesion.This term can also refer to national and globe community, even cyber community like face book or forum community.Kearns and Turok (2003) stated that community does not necessarily have explicit borders, it should start at a certain place , but have connection with outsides, they also has claimed that community should be full of opportunities and chances.If community exists, the people within it should be free enough to interact and share their resources and information to get along.Smith, Lapine and Taylor (2007) stated that community could also be exclusive; there would not be enough resource or opportunities there and out of their choices.

The second term needed to be analysed is ‘targeting’.Targeting geographic areas especially poor or excluded communities is a big goal of the Department of Community and Local Government.There are lots of programs within the agenda of sustainable community, for example, the support program in a special area ofBedford where the first generation of Pakistan lives (provided by the Minority and Ethnic Network Eastern Region) .These programs have been mainly applied to disadvantaged communities under New Labour.Although targeting is well intentioned conducted by the government, yet there are lots of criticism about it.Smith, Lepine and Taylor think that targeting could make poor stay poor, otherwise there should be some more positive effects those programs has brought.The truth is the poor targeting areas are still poor and exclusive.Targeted policies are concerned with eliminating or narrowing down the gaps between the targeted community and the rest of the country (SEU, 2001, p8) , but Taylor (2003) thought that it could be building a trap rather than a rout out of disadvantage.Targeting could raise lots of problems, firstly it encourages the neighbourhoods to parade their disadvantage not their strengths and assets, secondly policies that focus on the community or neighbourhood also risk focusing on bonding at the expense of bridging and linking social capital, thirdly, it could also raise the question about how should government secure the equity of resource access.

Community empowerment is about people and government working together to increase social cohesion and life qualities.David contended that the under assumption of it is government cannot solve everything, it needs local people to join and work together.New Labour started this ‘new localism’ project to introduce a big range of reforms into local government, especially concerned with improving the relationship between the citizen and local decision makers.They need those active people with specific skills and strong motives to speak out for their community, but these have separated the executive and scrutiny processes of local government and ‘streamlining’ executive decision making.Smith, Lepine and Taylor (2007) ask is this decision-making equitable, does it positively affect the democracy? As New Labour policy attends to give more access to resource and services to deprived communities than the rest of the country.Community empowerment always goes along with social capital, as it being conceived as a concept to understand how individuals and communities interact with each other.Putnam (1993) has claimed that a community with high social capital is more likely to have healthy democracy.While, Forrest and Kearns (2001) argue that while the components of social capital are important to the connection between residents, however, there is no sufficient evidence of how social capital functions through different types of community, or maybe it is insufficient itself (it may needs other factors like opportunities and resources to accompany) .

‘Social capital’ has been widely debated over the last few years within the academic literature.Putnam (1993) contended that social capital refers to the networks and links between people through certain norms and respects and how they play a crucial role in sustaining communities.Therefore, social capital promotes and facilitates the co-operation and trust between individuals within the community as glue that holds people together.Putnam (1993) believed that effective democratic government depends on levels of social capital.Although Neo-Marxist refutes that social capital serves for ruling class to sustain their power by controlling the means of production.Lots of scholars still regard social capital as a positive correlated measure of sustainability of a community.For example, high social capital might be linked to low crime rates, better health, people thriving, improved longevity, high educational achievement, greater levels of income, equality and improved child welfare.

Social capital is widely regarded as a positive resource which could contribute to social cohesion.However, we cannot presume that more social capital is inextricably positive in terms of its effect on social order.There are some examples like gangsters Mafia, or the example Buck (2005) suggest that in deprived areas of inner north-east London, there is a significant high social capital, though not in the expected form.They build strong social bonding and collective action through those ‘hidden’ networks; yet the community are not socially included.Therefore, social capital is not worldwide applicable, it is strongly applicable in gentrifying areas.Putnam’s social index shows the measure of how to access social capital, from which it is obvious that the inequality exists between different individuals.Although social capital is based in ‘possessions of a durable network of relationships of mutual acquaintance and recognition which distinguishes it from economic and human capital, Social capital like other capitals produces inequality in the bigger environment of capitalist economy (Buck, 2005) .Smith, Lepine and Taylor (2007) also agreed that social capital produce inequality just like other forms of capital.

Since the second public health revolution, health education has been thrived from US to the rest of the world.Everyone was been taught to be a health conscious citizen with a ‘right’ lifestyle.Raco (2005) proposed that a good citizen should contribute to the economy and society by having a good job and place to live etc.does this brought back our question exclusion or inclusion? If a citizen does not own a proper job or a qualified place to live, does it mean he/she is not a sustainable citizen?What if it is out of his/her choice? Public health agenda or sustainable community agenda needs the cooperation of individual and the government.When media/government told individual to improve their lifestyles, they assume health as a resource or a commodity, but the initiative should be in the control of the individual or the media/government?This question is included in Health Promotion; since health promotion has disappeared in theUK for decades, maybe there is a chance to bring back the movement (Potvin and Mcqueen, 2008) .

The New Development of community has been implemented for a while; it has created a bunch of success like Newcastle project, although it is problematic and not comprehensively successful.Lawless (2006) found that NDC focus on some aspects which could be relatively easy to solved, but no enough focus on health.The question has shifted from whether we need a top-down or bottom- up strategy initiated by authorities to tackle sustainability and health equity to what the nature of these theories which underpin the sustainable community agenda and public health agenda or the nature of the government, which makes all of these agendas.

劳动节祝福英文 篇3

未做好的工作必须重新做。

2. Work is the glorious duty of every able-bodied citizen.

劳动是一切具有劳动能力公民的光荣职责。

3.Work is the true source of human welfare.

劳动是人类的幸福之源。

4. As you sow,so shall you reap.

种瓜得瓜，种豆得豆。

5.steel myself in labour.

我在劳动中锻炼我自己。

6. A bad workman quarrels with his tools.

拙匠常怨工具差(人笨怨刀钝)。

7. The early bird catches the worm.

早起的鸟有虫吃。

8.Labour breeds our body, learning breads our soul.

劳动教养了身体，学习教养了心灵。----史密斯

9.Exercise is to the body what thinking is to the brain.

运动和身体的关系如同思考和大脑的关系。

10. He that will not to work shall not eat.

不劳动者不得食。

劳动合同的英文单词摘抄 篇4

labour law 劳工法

working day, workday 工作日

full-time employment, full-time job, full-time work 全天工作

part-time employment, part-time job, part-time work 半日工作

working hours 工作时间

overtime 业余时间

remuneration 报酬

pay, wage, salary 工资

wage index 工资指数

minimum wage 最低工资

basic wage 基础工资

gross wages 全部收入

net, real wages 实际收入

hourly wages, wage rate per hour 计时工资

monthly wages 月工资

weekly wages 周工资

piecework wage 计件工资

maximum wage 最高工资 (美作:wage ceiling)

sliding scale 按物价计酬法

payment in kind 用实物付酬

daily wages 日工资

premium, bonus, extra pay 奖励

payday 发工资日, 付薪日

pay slip 工资单

payroll 薪水册

unemployment benefit 失业救济

old-age pension 退休金,养老金

collective agreement 工会代表工人与资方代表达成的协议

英文解除劳动合同通知书 篇5

Notice of Termination of Labor Contract：

您与我公司于年月日签定了一份为期年的劳动合同。You and our company concluded a labor contract on(date), the term of which isyears.现由于您严重违反劳动纪律，公司正式通知您从年月日起依法解除您与公司的劳动合同。

Now please be advised that our company decides to terminate that labor contract since(date)because your serious violation of labor disciplines.上海伊康贸易有限公司

年月日

Company Name(seal)

劳动法英文版 篇6

目前, 我国中文版期刊中的英文摘要存在很多问题, 如摘要长度不足、结构成分缺失、连接词使用数量较多而种类偏少、时态和语态的使用都与国际流行趋势有较大差距等。此外, 我国英文版期刊论文除了关键词的英文表达因相对简单而出错较少外, 其他部分的英文写作质量都存在一定问题, 应该引起作者与编辑的高度重视。因此, 要想彻底改变科技论文的英文写作状况, 提高我国期刊的国际竞争力, 我们必须了解我国英文版期刊论文存在的问题, 全面认识存在的不足, 并积极采取有效措施通过多方努力来解决这些问题。

1. 提高写作、编校水平

(1) 参加英文培训班。包括英文科技写作和编辑业务培训两个方面, 这也是提高英文表达水平快捷而有效的方式。一些科研院所和高校经常会聘请国外的顶级期刊主编或科研人员做英文科技写作方法、技巧的讲座;另外, 一些组织机构和一些期刊编辑部也经常会举办专门针对科技英文写作的业务培训及研讨班。鼓励编辑和作者积极而有计划地安排参加这类培训及业务交流, 从多方面促进英文写作水平和编辑业务能力的提高。

(2) 参加学术交流活动。积极参加本学科和专业的国内外学术会议和学术交流活动, 了解有关本学科和相关专业发展的新动态、新成果。这不仅对于引言和讨论的写作很有帮助;而且更为关键的是能紧跟学术发展动态, 站在相关领域的制高点。

(3) 自我学习, 加强记忆。大量阅读相关专业顶级期刊以及书籍, 对于了解专业术语及掌握国际习惯表达方式很有帮助, 是一种行之有效的方法。认真研究和揣摩、用心领会, 对于了解英文科技论文的表述特点、行文规律、语言使用技巧等很有帮助。在学习的过程中一定要做有心人, 对好的句式、句型、常用的词汇 (包括准确的语义表达、合理的词汇、简洁的句型、合理的时态用法、紧凑的句子结构) 要做笔记, 经常整理以便于记忆, 在以后的写作中适当地模仿套用。经常积累并使用才会熟能生巧, 也才能更准确、生动、灵活地运用英语词汇, 从而达到提高英文写作质量的目的。实践证明, 对于作者 (特别是初级作者) 而言, 这是提高英文写作水平一种很有效的方法。对某些发表了国际性SCI论文的人员进行调查可知, 这些人从未曾写过英文论文到最后发表文章, 中间都是经过了这种学习过程。

2. 聘请、培养高素质的英文编辑

(1) 聘请高素质的科研人员做编辑。英文版期刊的质量与编辑人员的业务素质密切相关。合格的英文版期刊编辑应该是一个复合型人才, 必须要在英文写作和编辑业务两方面都具有扎实的功底和熟练的技能。具有广博专业知识、熟练编辑技能、深厚科技英语写作能力和高度责任心的编辑, 是高质量论文的保障。

由于英文期刊面对的是国际同行, 面对着更为广泛的竞争对手, 因此, 要求英文编辑不单是编辑, 更要是学者。为了满足专业能力要求, 英文编辑需要具有相当的科研经验, 并且最好是在国际期刊上发表过论文。因为自己参与写作并发表文章的人才有可能更深刻地感受、领会和顾及到科技论文写作中可能涉及到的方方面面, 给稿件更准确的定位。也正因为自己经历过写作、编校的整个过程, 在掌握编辑学领域的理论、业务实践和技巧, 掌握期刊在通用编排规范和国际标准方面更容易上手, 在实践编辑中也才有可能快速发现英文稿件中存在的各种错误, 并加以修正。

我们要不断提高期刊的英文编辑质量, 使期刊在语言上能更好地与国际接轨, 为英文版期刊国际化创造条件。为了达到这个要求, 期刊编辑也需要像作者一样向相关专业顶级期刊以及书籍认真学习, 找出本刊与国外同行顶级期刊的差别所在, 不断提升学术水平;另外, 编辑还应该进行编校规范的学习、培训, 不断提高专业编校能力。只有这样, 编辑才能在组稿时筛选出高水平的稿件, 在编辑加工的过程中表现出高超的稿件审改加工能力, 编辑出高质量稿件, 进而办出精品期刊。

(2) 聘请外籍专业人员。聘请以英语为母语的相关专业学者帮忙编辑英文稿件, 这一方面能进一步把好质量关, 另一方面对我国编辑而言也是一个面对面学习的过程。我们毕竟是在学习他国的语言, 不能闭门造车, 如果走出去有困难, 我们可以考虑请进来。

3. 确定国际化的发展方向

国际化期刊有许多表征指标, 包括期刊语言的国际化、学术深度等。高水平的学术影响力、较强的国际传播能力自然是实现期刊国际化所必需的条件。英文版期刊的发展, 为我国的科技人员提供了直接参与国际学术交流的平台, 提高了我国在国际科技学术领域中的地位。但是, 要想真正与国际接轨, 达到国际化水平, 我国英文版期刊还有相当长的一段路要走。

4. 提高认识, 端正态度

我国作者在写作结构、长度、时态和语态方面存在的问题, 从根本上来讲是由于作者主观上不重视造成的, 因为有些问题是完全可以避免的。因此, 我们不但要提升学术水平、提高语言能力以及掌握写作技巧, 而且要提高认识、端正态度。要实现这种种目标, 就必须明确英文版期刊在国际交流中的重要地位和作用, 从思想上认识到打造精品期刊的必要性和迫切性, 并以端正的态度来努力、实践。