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TRAVEL RISK MANAGEMENT 2015
Transposition of the Framework Directive
Civil Liability
HUNGARY
The Labour Safety Act (Act XCIII of 1993 on Labour Safety) was adopted specifically for the transposition of the Framework Directive.
The Labour Code (effective at the time: Act XXII of 1992, now Act I of 2012 on the Labour Code) had already been in force when the Framework Directive was adopted. It provided a background framework for the employer’s liability for damages caused to an employee.
Employer’s civil liability under the Labour Code is strict. The employee merely
has to prove that the damage is in fact incurred in connection with the employment relationship. The burden of proof subsequently shifts to the employer to exonerate itself from liability for the damage (e.g. personal injury caused to the employee).
Exoneration is only possible for the employer if the damage had occurred as a consequence of unforeseen circumstances beyond its control, and it had not been reasonably practicable to take action for preventing or mitigating the damage. (See Section 166 paragraph 2) point a) of the Labour Code).
According to case law, if the employer failed to comply with its duty to ensure the health, safety and welfare at work of its employees, it may not exonerate itself on grounds that the employee also failed to comply with the applicable safety regulations. (See Case BH 2014. 90. of the Supreme Court).
In Hungary labour law has developed as an autonomous branch of civil law. Therefore as regards liability for damages caused in an employment relationship, the special rules of the Labour Code apply as opposed to the rules of the Civil Code.
ffffffffITALY
Appendix 4: “Il Duty of Care in Italia e la responsabilità dei datori di lavoro verso gli espatriati e i viaggiatori”.