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Hungarian Newsletter Labour Code 12.01.2015

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On the 1st January 2015, many changes about the Hungarian Labour Code came into effect. Employees in Hungary are now allowed to change their working time to part time employment if they have 3 or more children that are under the age of five. Also according to the amendments if any employees are receiving treatment related to reproduction, they are protected by law so their employment cannot be terminated within 6 months of the first treatment. For more information on the amendments of the Labour code in Hungary, please read the article and contact the authors at CLV Partners.

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Hungarian Newsletter Labour Code 12.01.2015

  1. 1. CLVPARTNERS Csabai ésTársai Ügyvédi Iroda NEWSLETTER - about the amendment of the Hungarian Labour Code - With the effective date of 01 January 2015 some provisions the Labour Code (Act No 1 of 2012) have been amended, as follows: According to the previous provisions, based on the respective request of an employee, an employer was obliged to amend the working time of the employee to part time (half of the general full working time) provided that his or her child was younger than the age of three. From 01 January 2015 on, this provision has been extended so that if an employee is caring for three or more children, the obligation concerning the amendment of the working time to part time employment shall be applied until the age of five of the child. As this new rule introduced the definition of the “employee caring for three or more children”, the Labour Code now includes the definition of the employee who shall belong to the above category. Accordingly, an employee caring for three or more children shall be, any person who as a parent – within the meaning of the Act on Family Support - i. is eligible for family allowance and receives or received childcare fee or childcare allowance, or ii. received or receives child-rearing allowance. The rules concerning the eligibility for annual leave have also been amended, accordingly an employee shall accrue holidays during the entire term of the sick leave, i.e. the previously applied 30 days limit have been abolished from the Labour Code. According to the amendments, the employment contract of an executive employee cannot deviate from the provisions set out in Section 65 (3) a), b) and e) of the Labour Code. This means that employees receiving treatment related to a human reproductive procedure as specified in law (i.e. employees are protected during the treatment for a maximum of six months from the date the treatment begins) shall be considered as protected employees and therefore, the employer cannot terminate their employment during this period. (The termination protection rules set out in Section 65 (3) a) and b) of the Labour Code have already been applicable also to executive employees even before 01 January 2015.) The parties cannot deviate from this provision even with their consent in the frame of the employment contract. Should you have any questions regarding the above, please feel free to contact us. Dr Marianna Csabai Dr Boglárka Kricskovics-Béli Dr Nóra Óváry-Papp H-1126 Budapest, Tartsay Vilmos u. 3. Tel: + 36 1 488 7008 Fax: + 36 1 488 7009 e-mail: clvlabour@clvpartners.com