LABOUR LAW PROTECTION OF PREGNANT WORKERS IN HUNGARY

28 March 2024

Both domestic and EU labor law protect employees who are pregnant or raising small children. Despite the fact that the protection is known in the public mind, there are still many violations against this vulnerable group of workers. In our article, we explain what obligations fall on the employer in connection with the employment of protected workers.

1. Protection during pregnancy and maternity leave

1.1 Special working conditions

Pregnant employees cannot be ordered to work overtime or to work in another city without their consent during the pregnancy and from the childbirth until the child reaches the age of 3.

If the pregnant employee, based on medical opinion, is unable to work in her original position (eg. the work is dangerous to the unborn child), the employer must offer another position, or discharge the employee from work duty if there is no appropriate position.

1.2. Protection against dismissal

The most important protection for pregnant women and mothers under Hungarian labour law is the prohibition of labour contract termination. Based on the Labour Code, the employer cannot terminate the employment relationship with ordinary notice during the pregnancy and the period of the maternity leave and even during the non-paid parental leave.

It is important that the prohibition of dismissal may start even before the pregnancy, if the employee undertakes treatment related to a human reproduction procedure.

The protection can be applied even if the employee did not inform the employer about the pregnancy before the communication of dismissal. If the employee informs the employer about the pregnancy after the dismissal, the protection comes into effect and the employer may unilaterally withdraw the illegal dismissal.

In case the dismissal violated the prohibition of termination, the labor court can be requested to restore the employment relationship.

2. Protection after maternity leave

2.1. Return to work, restriction of dismissal, amendment of salary

It is a common misconception that the employer “takes the employee back” at the end of the maternity leave. In fact, the employment relationship is not terminated or suspended during the maternity leave, from legal point of view, it is considered an unpaid leave.

After return to work, mothers (and single fathers) remain protected against dismissal. Although there is no absolute prohibition, dismissal of mothers (and single fathers) with a child under the age of 3 is severely restricted by the Labour Code. Until the child reach the age of 3, dismissal may only be lawful in the below mentioned, limited cases:

- the employee may only be dismissed based on behavioural reasons in case of a serious misconduct;

- if the dismissal is due to the employee's ability or reorganization of the employer, the employer must first offer the employee another job corresponding to his or her abilities and qualifications, if such position is vacant at the workplace of the employee.

Following the return from maternity leave, the employer shall make an offer to the employee for having her wages adjusted, taking into consideration the average annual wage improvement implemented in the meantime by the employer for employees in the same position.

2.2 Providing flexible working conditions

The employee may ask the employer to reduce the working time to the half of the full time in case he/she has a child below the age of 4.

In addition, Employees raising a child under the age of eight years can request that the employer provide them with "flexible working conditions" regarding the place of work, work schedule, and working hours.

If the employee requests the amendment to the employment contract, the employer must provide a reasoned answer within 15 days. The employee may challenge the rejection of the request before the labour court, if the court considers that the request was rejected unlawfully (i.e. the justification is inadequate), the consent to the amendment will be declared by the court.

2.3. Remedy in case of the violation of the principle of equal treatment

Motherhood (fatherhood) are clearly amongst the protected characteristics under the Equal Treatment Act. In case the employee suspects that he/she suffered discrimination in connection with the mentioned protected characteristics, he/she may start labour lawsuit to seek legal remedy, which may include the restoration of employment relationship in case of unlawful termination.

As you can see, there are a number of special labour law rules in connection with the employment of workers who are pregnant or raising small children, the violation of which protective measures may have serious financial consequences on the employer. To avoid this, we recommend that you consult a legal expert with experience in employment law in connection with the employment of protected employees.