Edit Kajtár − Attila Kun: Right to Strike in a Changing Regulatory Environment. Nr. 2013/03.
The regulatory environment of Hungarian industrial relations is under reconstruction. The coming into force of the new Labour Code, the modification of the Strike Act as well as the new Constitution are the key pillars of the legislative change which may and in fact do shape the power relations of the social partners. With this Paper our main aim is to analyse how the right to strike functions in the new environment. Also, we would like to offer a comprehensive overview about Hungarian strike law with a focus on the most topical challenges of it.
There can be many reasons behind the near-absence of strike actions in a certain country, but we argue that the change in the Hungarian landscape has been mainly caused by the new regulatory environment and the limitations this environment has created within the system of industrial relations. With the modification of the Strike Act severe limitation were built into the system of industrial action. Unless this tendency is reversed and/or accompanied by more effective social dialogue the tension between the parties (and consequently within society) will certainly build up. While the number of strikes has drastically declined, other forms of industrial action are likely to gain importance in the future.
A previous version of this Paper served as the Hungarian country report prepared by the authors for the XX World Congress of Labour and Social Security Law Santiago de Chile, 25-28 September 2012. Questionnaire on theme III. National Report, Hungary.