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Tamás Gyulavári, Łukasz Pisarczyk
International Journal of Comparative Labour Law and Industrial Relations
Volume 39, Issue 1 (2023) pp. 49 – 70
https://doi.org/10.54648/ijcl2023004
Abstract
Populism is gaining ground in Central and Eastern Europe (CEE), and Hungary and Poland are the best examples of this trend. The Hungarian Orbán government and conservative Polish coalition led by Kaczyński (PiS), widely considered in the literature as populist, have been in power for some time now, which allows us not only to evaluate their labour law policies, but also the results. Though there are evident similarities between these two countries, such as political motivated layoffs in public employment or significant wage increases, the discrepancies are far more numerous. These differences result from each country’s specific socio-economic conditions and (almost) diametrically opposed political strategies with respect to employment matters. While Viktor Orbán believes in a workfare society, without social allowances and with flexibilized employment protection, in Poland PiS is pushing through a belated welfare revolution with expanded social benefits and employment rights.
This article starts by describing populism as it has developed in Hungary and Poland in section 1, and the promises made by Orbán and Kaczyński before coming to power in section 2. Section 3 examines the main pillars of populist labour law policy, such as flexibilization, wages, collective rights, self-employment, social benefits and political motivated layoffs. Finally, we try to explain why and how these seemingly similar populist governments have adopted fundamentally different labour law reforms.
Keywords
labour law reforms, collective rights, flexibilization, Hungary, Poland
Extract
The ‘sharing economy’ has grown dramatically with the development of online platforms, challenging both domestic and international economic structure and related policies. While the issue of governance surrounding the online platform industry has become an important issue, thereby necessitating more discussion, even in the WTO, there remains the structural incompatibility of online platform providers with the current international trade regime and the continuing debate regarding how to classify and categorize platform services and their suppliers. This study aims to provide a comprehensive analysis of the status of online platform providers under the international trade regime, focusing on the matters of classification and the likeness of online platform providers based on the norms of trade in services. The article further examines the next question of the applicability of existing international trade norms, including WTO and free trade agreements together with the overview of newly introduced trade norms for online platform providers. Although there are still unresolved questions regarding various kinds of online platforms, the present work urges a continuous effort into defining applicable norms for the sharing economy within the established trade regulatory framework for legal certainty and predictability.