International Journal of Comparative Lab...
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Hungary was one of the
last Member States of the EU to complete its legislative harmonization, with
the Act on Complaints, Public Interest Reports and the Rules for Reporting
Abuses promulgated on 25 May 2023. This study analyses the provisions of this
law, which builds on similar legislation enacted in 2013. This reform is best
illustrated by analogy with the renovation and extension of a building, whereby
the existing non-functional building is upgraded, but behind the new cladding
the existing walls continue to suffer from defects and shortcomings. It is
evident that renovation carries more risks than the construction of a new
building, as it is not possible to be sure how the old and the new will work
together, and the solutions adopted must stand the test of time. Accordingly,
this article describes how the legal instruments required by the Directive have
been incorporated into the Hungarian legal system and how they interact with
the existing provisions, while analysing the dilemmas posed by the new rules in
comparison with previous practice. The study examines the instruments available
in Hungarian labour law to protect whistleblowers, including protection against
unlawful dismissal and protection of fundamental rights. This will allow a
comparison between the provisions of the law on harmonization and the
possibilities of the labour courts to apply the law, as well as the experience
gained so far and the directions of development of Hungarian case law.