Littler Global Guide - Hungary - Q3 2020

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q3 2020 Global Guide Quarterly updates   Download full Q3 2020 Global Guide Quarterly

Amendment of Labor Code Concerning Posting of Workers

New Legislation Enacted

Author: Zoltán Csernus, Attorney-at-Law – VJT & Partners Law Firm

Directive (EU) 2018/957 amended the Labor Code concerning the provision of services by posted workers, by extending the rules of salary, accommodation and cost reimbursement under Hungarian law to apply for posted workers. Collective bargaining agreements for the given sector also shall apply. If the posting period is longer than 12 months, the Hungarian Labor Code shall apply to the employment with the exception of rules of establishment and termination of employment and the noncompetition agreement. The employer can apply to the authorities to extend the 12-month period by six months. If the employer substitutes the employee with another employee doing the same tasks, the period of posting of both employees will be calculated jointly. If the foreign temporary staffing agency lends employees, its client must inform the agency on the working conditions and salaries.

Release from Working Obligation Due to Adoption of a Child

New Legislation Enacted

Author: Zoltán Csernus, Attorney-at-Law – VJT & Partners Law Firm

Further to an amendment to the Labor Code, an employee intending to adopt a child is entitled to be released from working obligations for a maximum of 10 working days to be able to meet the child. The employee can exercise such right with a five-day notice and supported by a certificate from the adoption organization. The employee is entitled to an absentee fee for this period (calculated as an average of the basic salary for the previous six months, plus any overtime payment). This rule applies to contracts of all employees and neither party can waive this right under contract.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.