Refusal of employer 's instructions, unjustified absence, intentional damage: some cases where the justification for dismissing an employee is relatively easy to determine. What happens, however, if the employee does not commit a severe breach of duty similar to the one above, but his or her colleagues consider him incompatible, with whom it is impossible to cooperate, or even afraid of him or her. Can dismissal be justified by behaviour that is incompatible with others and creates disharmony in the working environment? In our article, we seek the answer to this question in the light of Hungarian judicial practice.
In the event of a longer leave of a worker, it is common for employers to hire a replacement worker with fixed term contract to make up for the missing workforce. When the replaced worker returns, a labour dispute may arise. In the legal case presented in our article, the Supreme Court examined how the employment relationship of the replacement employee terminates at the end of the replacement. From our article you can learn about the decision of the Supreme Court and what to look for as an employer to make the closing of the replacement smooth. (In our article, we examine the court decision published under No. BH 2021.2.51)
Termination of employment is a sensitive area and the process is not always smooth. It can happen in an escalated situation that both parties give notice of termination or a party later changes its previous declaration. The employer must also be prepared for such situations, as it is not uncommon for an employee to take legal action after a poorly coordinated dismissal, in which case the final farewell takes place in a courtroom.
It is often the case that the employer does not clearly regulate the employment relationship of the employees, which later leads to an employment lawsuit. This happened in the case before the Hungarian Supreme Court, where a legal dispute arose in connection with the employee's work schedule, the stake is the payment of several million forints of overtime work compensation to the employee. In our short article, we analyze the Supreme Court’s decision and draw conclusions on how the employer can avoid similar situations.
You are reading the final part of our series on “lawful dismissal”. This article examines with a case study approach, that in practice, what violations may justify immediate termination, i.e. what shall be meant under the Labour Code definition “grave violation of a substantive obligation”.
In the last two articles of our series on “lawful dismissal” we present the most severe sanction that can be applied to an employee, the immediate (formerly: extraordinary) termination. This measure is applied in serious incidents only, so many employers believe that they will not need to use the sanction. But, as we know, the devil does not sleep and it is in the details, so the employer needs to be prepared for this scenario as well to avoid further inconvenience.
In the previous articles on the lawful dismissal, we discussed that, ranging from the employee’s behaviour to the employer’s reorganization, there can be many legitimate reasons for dismissal by the employer. However, irrespective of the legitimate reason, the employment relationship cannot be terminated if the employee is protected against dismissal by law (i.e. the Labour Code). From our article, you can learn about these protections.
In the previous articles on the lawful dismissal, we explained dismissal for employee-related reasons. However, that is only half of the whole picture, because in many cases the employer dismisses employees for reasons of reorganization or redundancy. Justification must meet strict rules to be lawful in this case as well, the details of which we explore in this article based on case law of Hungarian labour courts.
In our previous article we have examined the cases in which an employer may terminate the employment due to an employee's inappropriate behaviour or attitude. But what if inadequate work or the lack of expected results is not because of the misbehaviour or bad attitude of the employee, but because of not having the knowledge or skills needed to perform the job properly. What can an employer do in this case? What can be the basis for a legal termination? From our article, you can get the answer to these questions.
Although, considering the current labour market in Hungary, employers are trying to keep the employees at the company, there may be situations where the employment relation cannot be maintained due to behaviour or attitude. In our previous article we explained that a dismissal by the employer is far from a simple move, as the legitimate justification must meet a number of criteria. In the present article, we examine the grounds for termination based on the behaviour of the employee.
From salary to vacation leave, an employment relationship can have many sensitive parts. However, labour disputes mostly arise around the termination of the employment by the employer and specifically in connection with the justification of dismissal. Since the fault of the justification will result in unlawful termination, leading to important pecuniary consequences, in our forthcoming article series, we summarise the rules governing employment terminations and the related case-law of the Hungarian courts. In the first part we present the general rules for justifying employee termination.
Whether weekly or once a year, to another continent or just across the city, work related travel concerns every single employment relationship. Despite its importance, Hungarian regulations are unclear about work related travel, which can easily be the source of an unpleasant labour dispute. To avoid this, from our article you can learn if your business is properly accounting for business travel.
Remuneration is one of the cornerstones of an employment relationship for both parties. It is not a new practice that employers seek other ways to increase the consideration of workers without modifying the base wage. The so-called “semi-official” solutions can be dangerous for the employer, because an employment ending badly can easily be the beginning of a labour dispute. In our article, we will show you smart salary solutions compliant with the Hungarian labour law.
When we talk about work, employment relationship comes to everyone’s mind first, although you can work for someone’s interest in other ways outside the “9-5”, monthly paid job system, for example by an engagement contract. Whether you are an employer or an employee, you need to know what the differences are between the two most common forms of working, especially because in some cases the employment authority or the court may re-classify the engagement as employment and may impose a significant fine on the principal.