Amendments affecting employees in Hungary
Protection for pregnant women
According to the original wording of the Hungary Labour Code, pregnant women and women undergoing fertility treatment are protected against dismissal under labour law if their status is disclosed to their employer before notice of dismissal is received.
However, in 2014 the Constitutional Court in its decision no. 17/2014 (V.30.) stated that the requirement to provide prior notice as a condition of protection infringed the employee’s right to keep personal information private and imposed an unnecessary restriction on the employee’s right to a private life, therefore effectively changing the position so that a pregnant employee was not required to disclose her pregnancy to her employer as a condition of having protection against dismissal.
The intention of the present proposal is to clarify and to enable the employer to withdraw notice of dismissal within 15 days where the employee does not disclose her pregnancy until after the employer’s notice. The period between the notice and its withdrawal is to be considered as employment and salary payable. This provision came into force on 18 June 2016.
Stand-by jobs and rest periods
For employees working on a stand-by basis, the entitlement to a subsequent period of uninterrupted 8 hour rest period has been replaced by a period of 11 hours rest. Employees shall be given at least 11 hours of uninterrupted rest after the conclusion of daily work and before the beginning of the next days’ work (daily rest period).
Eight hours of daily rest may be provided to employees working in:
a) split shifts;
b) continuous shifts;
c) multiple shifts;
d) in seasonal jobs
provided that, if the employer provides less than 11 hours rest to an employee between two periods of work, then the next rest period must be of sufficient length to ensure the employee has 22 hours in total for the two consecutive daily rest periods. Therefore, if a rest period of 8 hours was given to the employee on Monday, then on Tuesday and before working on Wednesday – the rest period should be at least 14 hours.
Promotion of mobility
From 01 January 2017 the tax free element of payments made in respect of travel will be increased from 9 HUF/km to 15 HUF/km. This is also the case for teleworkers for return journeys between the premises of the employer and the place of actual performance of work if these are located in different cities and if no public transport can be taken for such a journey.
In the future, where accommodation rental support is provided by the employer it will be tax free as follows:
a) in the first 24 months of the employment: 40% of the minimum wage;
b) from 24-48 months of the employment: 25% of the minimum wage;
c) from 48-60 months of the employment: maximum 15% of the minimum wage
For further information or to discuss any of the issues raised, please contact Kinga Zempleni (email@example.com) on +36 3063 98936.
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