At the end of our series of articles on working time, we come to the issue that generates the most dispute between the employer and the employee about working time, the overtime. While in the case of a factory worker, it is most often evident to compensate for the extra work, in managerial or career-promising positions, it is often considered an inherent part of the employment and the employee is expected to handle the issue of working hours "flexibly". In our article, we will find out whether an employer can legally avoid paying wage supplement related to overtime in Hungary.
In the latest part of our series, we discussed the rules of irregular work scheduling, i.e. working time banking and payroll period in Hungary. In this article, we discuss the cases when employer transfers the right to schedule working time to the employee in whole or in part. In view of the COVID-19 pandemic situation and the widespread Home Office working arrangement, this type of working time schedule is becoming more and more popular, so we consider important to examine this institution.
In the previous article of our series, we presented the regular work schedule by the employer, which most often means an 8-hour working time per day. However, in many cases the effective functioning of the employer cannot be achieved in this system, and it becomes necessary to schedule working time more freely. In this article we will discuss the irregular work schedule which serves the above purpose, and which is implemented by the working time banking and the payroll period under Hungarian labour law, which, despite their practical advantages, are not so well known.
Our managing partner Richard Schmidt gave a lecture on asymmetric arbitration and jurisdiction agreements at a conference organized by his Alma mater, the Pázmány Péter Catholic University Faculty of Law and Political Sciences.
In our previous article, we examined the basic concepts of working time and clarified when we are talking about it, to make the complex system of working time understandable. This time we will examine the amount of working time that can be allocated and rules governing working time scheduling. First, we will clarify the exact lengths of time we can allocate, and then we will go around the types of work schedules and the conditions related to them.
It is not the first time on the Smartlegal blog that we publish a series of articles about a complex labour law topic. After our series on dismissal, we are now examining the details of another cornerstone of labour law, the working time. In connection with this topic there are also many misconceptions in the public awareness, which may cause serious financial consequences on the side of the employer. Since working time is a variable and complex topic, we will analyse it in a series of articles to give you a comprehensive picture.
In case the employer terminates the employment relationship unlawfully, he shall reimburse the damage caused by the termination, including the loss of salary of the employee. However, the employee shall mitigate damages by registering as job-seeker, and actively searching for other job opportunities. In its latest decision, the Hungarian Supreme Court addressed how extensive is the duty of the employee to mitigate damages.
In its most recent decision , the Curia (the Supreme Court of Hungary) examined whether the requirement of equal treatment related to age can be considered in cases where the employer terminates the employment of a retired employee solely because of his age, without giving reason. In this article we examine the answer given by the Curia in connection with this question.
As a result of the COVID-19, the working from home is the “new normal” for many employees, therefore statutory regulation of distance work has become essential. After the "temporary" rules so far, the Parliament regulated the issues of working from home in December 2021. Based on the new law, the current regulations live on in the Labour Code after the end of the state of emergency, with effect from 1st June 2022. In this article we summarize the most important rules in effect.
As it is known, the probationary period is typically 3 months long in Hungary. However, many employers feel that the employee's competence cannot be properly assessed during this time. So employers wonder whether it is possible to determine a longer probationary period or extend the 3-months’ probationary period, or if there is any other solution in the above case. In this article we address these issues of Hungarian labour law.
In part IV of our series of articles on the reasons for termination of the employer, we have already mentioned the qualification-based change as reason for termination in connection with the operation of the employer. Since qualification-based change is perhaps the least known reason dismissal, we summarise the Hungarian judicial practice in this article.
In its recent judgment, the Hungarian Supreme Court addressed the question whether the immediate termination is lawful if it refers to several minor infringements of the employee already sanctioned by the employer prior to the termination. In our short article we analyse the decision of the Supreme Court and the relevant judicial practice.
The non-compete agreement may provide protection of the legitimate economic interests of the employer even after the termination of employment relationship. However, the Hungarian Labour Code lays down strict requirements for the agreement. In our article we analyse a recent decision of the Supreme Court about the importance of the precise determination of the compensation, so you as an employer can conclude a valid non-compete agreement.