Decision 8/1990 on trade union representation
23 April 1990
Decision number: Decision 8/1990. (IV. 23.)
Subject of the case:
Trade union representation
Article 15.2 of the Labour Code was unconstitutional as it could potentially infringe an employee’s right to self-determination which formed an integral part of the right to human dignity in Article 54.1 of the Constitution. It was not inconceivable that the trade union might choose to exercise its right of representation in spite of an employee’s explicit request to the contrary. Such potential infringement of the employee’s right to self-determination could not be alleviated by taking into account the employee’s interest which could only be assumed by the union. Indeed the risk of infringing the employee’s interests was at its greatest where the personal matters of non-member employees were concerned. Once the disputed provision had been annulled, the Labour Code would then retain consent as the sole basis for representation.The right to human dignity ensured by Article 54.1 of the Constitution was a natural right of which no one could be deprived. Such a right included, inter alia, the right to free personal development, to self-determination, to privacy or general freedom of action. It was an “umbrella right”, a subsidiary fundamental right which might be relied upon to protect an individual’s autonomy when no particular, specified fundamental right was applicable.