Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/299688 
Year of Publication: 
2020
Series/Report no.: 
Working Paper No. 2020.09
Publisher: 
European Trade Union Institute (ETUI), Brussels
Abstract: 
From a strictly formal point of view, employment regulation in Czechia, Hungary, Poland and Slovakia (CEECs) provides an acceptable level of protection for employees. However, workers' formal rights are being violated and circumvented on a massive scale. Because the oversight system is non-effective, employees lack sufficient access to justice; furthermore, the courts and administrative bodies approach regulation in a highly formalised way so that the violations and circumventions become 'normalised' over time, rendering formal regulation ineffective. In many situations, like the use of non-standard forms of employment, adverse interpretations when legal ambiguities arise have been reproduced across CEECs even when formal and targeted regulatory changes have been adopted. The paper argues that, in order to prevent the normalisation of such violations and circumventions, it is necessary to expand access to justice for workers. The paper also puts forward an argument that this could be facilitated where trade unions foster pro-worker legal interpretations by engaging in strategic litigation.
Subjects: 
Employment law
labor court
labor law
labor union
Eastern Europe
Document Type: 
Working Paper

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