On October 28, 2021, the Hungarian government published new COVID-19 measures (in effect from November 1, 2021). Employers are given the right to require their employees to be vaccinated against COVID-19 as a precondition to perform work if they deem it necessary for their workers’ safety. Before these measures, vaccination was mandatory only for healthcare workers. 

The Hungarian government’s fall legislative agenda included a review of the regulation on remote working arrangements. The changes involved an update to relevant provisions of the Labor Code, which had long been considered   by the business sector as obsolete and inflexible.

Employers should also start to prepare for expected changes resulting from the implementation into Hungarian labor law of Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on transparent and predictable working conditions in the European Union.

This newsletter is intended to update you on the most relevant employment-related legislative developments that have occurred or been announced over the last few months.

1. Work from home and remote work arrangements

Government Decree 487/2020. (XI. 11.) on the application of remote working rules during the state of emergency (Decree) amended the Labor Code’s provisions  on remote working as of July 3, 2021. Under Section 3 of the Decree, home office should be considered as remote work during the state of emergency, and the provisions of the Decree apply instead of the provisions of the Labor Code on remote work.

If the employment contract does not include an agreement on remote work, the employer and the employee have to enter into a written agreement in this respect. Therefore, if there is no mutual agreement in place on remote work, the employer may only unilaterally order the employee to work from home under the general rules granting limited rights to do so.

If the parties have entered into such an agreement, the employee shall   work from home (or other location) for at least up to two-thirds of the year’s working days, while the employee can work at the employer’s premises for up to a maximum of one-third of the year’s working days. If the parties wish to exceed the latter limit, the employment contract must be formally amended to expressly set forth the remote working arrangements.

New legislation has been introduced, including an amendment to Act I of 2012 on the Labor Code for the period following the end of the state of emergency. It means that the rules on remote working will be replaced by the rules in the current Government Decree on remote working. 

2. Mandatory vaccination in the workplace

On October 28, 2021, the Hungarian Government announced additional job protection measures aimed at mitigating the adverse effects of the COVID-19 pandemic, effective as of November 1, 2021.

Under the new rules, employers have the right to require employees to be vaccinated against COVID-19 as a precondition to perform work, in order to ensure workers’ safety. Until this change, vaccination was mandatory only for healthcare workers. Since then, during the state of emergency employers can make vaccination compulsory for their employees if they consider it necessary for the safety of their workers. 

Employers requiring employees to be vaccinated must give them at least 45 days  from receipt of the notification to get their first vaccine dose. Employees must then receive the second dose (unless they received a single-dose COVID-19 vaccine) on the date assigned by the physician administering the vaccination. Health reasons may exempt employees from mandatory vaccination if evidenced by a doctor’s opinion.

The employer is obliged inform the employee electronically or in writing about the measure, the deadline and the possible legal consequences of not taking the vaccine. If the employee fails to receive the vaccination within the above time limit set by the employer, the employer can unilaterally place the employee on unpaid leave.

The employer may immediately terminate the employment relationship with an employee with notice if one year has passed since the date they were put on unpaid leave and the employee has still not provided proof of vaccination to the employer or a medical certificate evidencing exemption from vaccination. 

The employer may process proof of vaccination or exemption-related data only to the extent and for the time necessary to achieve the purpose, and only while the government-imposed pandemic-related state of emergency is in effect.

To comply with the new rules, employers must do at least the following:

• Assess whether—in the interests of health protection and considering the specific characteristics of the workplace and job profiles—it is necessary to impose vaccinations. It is advisable to set out the relevant circumstances in a written risk assessment.
• Inform the employees electronically or in writing of the relevant measures, deadlines and of the possible legal consequences of not complying with the vaccination order.
• Carry out a data protection impact assessment in advance, if necessary.
• Publish a data protection notice on the processing of employee personal data in connection with mandatory workplace vaccinations.

3. Employers to provide more complete information about work conditions

Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on transparent and predictable working conditions in the European Union (Directive) aims at improving working conditions by promoting more transparent and predictable employment while ensuring labor market adaptability.

It repeals Directive 91/533 EEC on employers’ obligation to inform employees about the conditions that apply to a contract or employment relationship and provides instead for more complete information on the essential aspects of the work to be received by the employee in writing at the beginning of the employment relationship.

It also includes a new Chapter on minimum requirements relating to working conditions providing completely new material rights as well for the employees in the European Union.

Hungary must enact legislation to implement this Directive by August 1, 2022.

Transposition of the Directive will ensure that the application of these rights cover a broad personal scope. 

If you are interested in having more detailed information about the above topics, feel free to contact us on the below details.

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