In the recent weeks, a number of questions have been arisen whether the employer may know the data contained by the „immunity card”, which aim is to certify immunity to coronavirus. Is the employer entitled to request information from the employee regarding the immunity card or store the information concerning its employee? In this article we answer the above questions on the basis of the information („Information”) of Hungarian National Authority for Data Protection and Freedom of Information.
In its recent decision, the Curia dealt with questions, which may affect many employer in Hungary. Whether the non-compete clause of an employment contract, obliging the employee to pay a fixed amount damages in case of breach of the non-competition agreement, is valid? We analyse the decision in our short article.
In its recent decision, the Curia dealt with the issue concerning what are the consequences if you fail to put in writing the employment contract which contains a probationary period clause. Is the probationary period clause valid or invalid in that case? We analyse the decision in our short article and answer the question above.
From September 2020 the rules, which regulate the status of the adult educators and the organisation of adult educations have changed. There are significantly more educations, which are considered as adult education and performing an adult education entails a lot more obligation. The changes affect almost every employer who organises certain kind of educations for its employees. We summarize the most important changes concerning the adult education.
In certain cases, the Hungarian Labour Code does not require the dismissal to be justified by Employer. But what, if despite that, the employer gives justification for the dismissal? Is it possible for the Labour Court to review the legality of such non-mandatory justification? And can the defect of this non-mandatory justification render the dismissal unlawful? In its recent decision, the Hungarian Supreme Court examined the above question concerning that analyse the decision in our article.
Can employers withhold the wage of employees because of an ongoing internal investigation? Is the suspicion that the employee caused damage sufficient to hold back mone, or the payment cannot be refused in this case? We analyse the recent decision of the Hungarian Supreme Court and answer this question in this article.
Whether the lack of handover makes the dismissal unlawful based on the recent judgment of the Hungarian Supreme Court? What happens in case the employee fails to take over the dismissal? We address these issues in our article by analysing a recent judgment of Hungarian Supreme Court.
According to the Labour Code, if the executive unlawfully terminates his employment, the employer is automatically entitled to damages equals to twelve months’ absentee fee without proving the actual damage. Can this rule be applied in an opposite situation? We explain the recent decision of the Curia which answers to this question.
Is the employee considered as an executive employee if though the parties qualify the employee as executive, but refer to the wrong provision of the Labour Code? Does the will of the parties or their contractual declaration matter in this case? We analyse the latest decision of the Curia in our short article.
In its recently published decision, the Hungarian Data Protection Authority (NAIH) has dealt with the questions of the usage of the corporate email account for private purposes and the monitoring of the e-mail account. As the topic can affect every employer, who provides an e-mail account for its employees for working purposes, we summarize the most important conclusions of the decision in our short article.
Can you dismiss your employee, if caught on hidden camera while stealing cash? In its recent decision, the European Court of Human Rights answered this question in the affirmative, however it is doubtful, whether this ruling is compatible with strengthening data protection in the EU, particularly following the entry into force of the General Data Protection Regulation (GDPR) of the European Union.
Employers often use non-compete agreement in Hungary, but labour courts frequently declare them invalid. Can a training course serve as compensation of the agreement? Or what to do, if it turns out after years, that the leaving colleague does not mean a real and serious threat for your company? In its opinion published recently, the Hungarian Supreme Court gave a guidance on non-compete agreements, which we summarise in this article.
The loss of confidence was a frequently used reason of termination by employers, which was not defined by the Labour Code, therefore it is for the judicial practice to give substance to it. We summarize in our article, in which case was well-founded the termination based on loss of confidence in the practice of Labour Courts.