第一篇：匈牙利留学匈牙利签证申请资料须知
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一、以下材料由学生提供：
1.签证申请表
——立思辰留学360介绍，原件（在需要学生本人在第一页和第三页签名处签署中英文名字，如果由校方递交签证，其他部分均由校方来填写，如合作方递交签证申请，由合作方文案来完成，校方做指导）
2.两张照片
——6个月内，2寸白底免冠彩色，每张照片背面有学生本人中英文签名；很重要，使馆会在照片背面盖章，学生今后到达匈牙利后，要用此照片申请居留许可
3.护照
——有效期不低于1年
——原件、复印件2份
4.最高学历/学位双认证—NEW!
——重庆使馆管辖区域：需要学生本人/合作方办理学历证书公证的外事办认证，办好之后在学生递交签证申请时一起提交给匈牙利驻重庆使馆办理学历使馆认证，签证结果出来后认证会和护照一起返还给学生
——上海使馆管辖区域：需要学生本人/合作方办理学历证书公证的外事办认证，并委托外事办直接办理匈牙利使馆认证。并委托外事办直接递交给使馆即可。
——北京使馆管辖区域：如委托校方递交签证申请的学生，请将需要办理认证的公证书直接邮寄给北京的地址（详情请咨询校方）办理外交部认证即可。学历使馆认证与签证申请一起递交给北京使馆。
5.银行存款证明
——可选择正规国有或者商业银行，银行需要能提供中英文对照的存款证明，无需公证。例如：中国银行、建设银行、工商银行、招商银行、浦发银行等
——可用学生名义或家长名义开具。金额建议10万元以上，没有上限，存款证明金额越多对签证越有利，从开立之日起向后冻结3-6个月，存款证明到期日需要覆盖到学生所申请课程开学日期以后，以证明开具日期为准，无存款历史要求。
——建议存款证明开在学生本人名下，如果是学生父母名下存款证明，学生与存款证明开具人在同一户口本上，需要附加学生和父母三人的身份证、户口本复印件。如不在同一户口本上，需要附加亲属关系公证书。
——原件、复印件1份
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6.英语证书/英文学习证明—NEW!
——如果有雅思、托福、托业、大学英语四六级、剑桥英语等证书，建议提交
——如曾经或者正在进行雅思或托福培训等，建议提交语言学习证明中英文（内容包括个人信息、学习起止时间、课时、学生语言程度评估、学习表现等，并签字盖章）
——原件、复印件1份
7.境外旅行保险
——学生名字，欧盟旅行及意外保险。投保额3万欧元以上，有效期为90天（开始时间为通知 书上标明开学时间提前3天）
——原件、复印件1份
——如委托校方购买保险，只需要交费即可，费用为560元人民币
8.父母在职收入证明
——父母双方均需提交中英文父母在职收入证明, 中英文版本都需要加盖单位公章。
——证明上必须显示：个人信息，工作年限，职位，收入情况（月收入或者年收入，收入截止 日期以开具时间为准），单位地址，单位联系人姓名，联系电话，负责人手写签名（具体内容请参考sample）。
—— 如果单位有名头纸尽量用名头纸来打印，如果没有可以用白纸打印。中英文的证明需要保持统一的模式，如用名头纸则都需用名头纸打印，如果用白纸就都用白纸打印。如果个别单位无法提供英文证明并盖章，可以出具翻译件证明即可，无需盖章。
——如父母只有一方可以提供此证明，年收入需要在4-5万人民币左右，此种情况存款证明的金额适当提高一些，例如15-20万最佳。
——请提交真实、有效的在职收入证明，使馆会有电话抽查的情况出现，如因为学生提供虚假材料造成签证拒签，后果自负。
——原件、扫描件、复印件各1份
9.父母个人信息
——中英文父母个人信息（请参考模版准备）
——原件、扫描件、复印件1份
10.父母担保声明
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——中英文父母担保声明（请参考模版准备）
——原件、扫描件、复印件1份
11.个人使用存款声明
——中英文个人使用存款声明，内容根据学生提供的存款证明内容填写（请参考模版准备）
——原件、扫描件、复印件1份
二、特殊提供材料：
未满18岁学生需提供：父母双方同意出国声明公证书及外交部或外事办单认证。（参见模版）
三、校方提供材料：
大学录取通知书，住宿证明，保险，学历认证（限北京领区的学生）
特别提示：学生成绩单、毕业证、学位证的原件请学生自行收好，在使馆参加面试时自行携带原件。我们只接受公证书或双认证书。
附：签证申请照片标准：
1、拍照时间不超过六个月；
2、彩色；正面照；背景为白色；
3、尺寸符合证件使用（35-45毫米宽）；
4、包括面部全部（显示整个头部及肩膀）；
第二篇：关于匈牙利如何申请家庭团聚
如何申请家庭团聚
1.问：18周岁以上的孩子能否通过全职在读证明和家人一起申请并转永居？
答：在我们这个项目中是不可以的。这种客户存在申请成功的可能，我们可以帮助提供移民律师给客户，但我们不能保证客户能成功申请。收费不在本项目范围内。
2.问：父母或兄弟姐妹可以申请家庭团聚吗？流程如何？ 答：可以。签证大约2-3个星期取得。
3.问：办理团聚移民的成功率高吗？费用多少？全程需多少时间？ 答：可以申请。首先家人需要申请匈牙利的团聚签证。匈牙利探亲签证分两种: 90天以内的和90天以上的。如果能申请到90天以上的探亲签证，与有永居身份的人居住满一年，就可以申请匈牙利的永居。探亲签证大约2-3个星期取得。费用就是签证申请费60欧元；申请永居时每人1万福林申请费。
4.问：申请家庭团聚需要提交什么材料？ 答：请见如下材料清单：（1）护照 具体要求：
a)护照有效期在6个月以上的因私护照原件 b)持换发护照者，请提供所有旧护照原件（2）照片 具体要求：
a)近6个月内拍摄的两寸白底彩色近照3张 b)照片尺寸35×45mm（护照照片大小）（3）签证申请表
（4）身份证
具体要求：身份证正反面复印件（5）户口本 具体要求：
a)全家户口本原件及复印件
b)如配偶户口不在一起，需提供配偶全家户口本原件及复印件（6）营业执照或组织机构代码证
具体要求：申请人所在企事业单位或各机关团体的有效营业执照副本或组织机构代码证复印件并加盖红章。
（7）单位准假信（退休者不需要，需出示退休证）具体要求：
a)准假信需以申请人所在单位正规抬头纸打印，加盖单位公章，由负责人签名。
b)单位抬头纸以及准假信的具体内容请查看单位准假信模版。（8）其他必备资料 具体要求：
a)旅行费用承担方资产证明文件，比如银行账单等 b)全程酒店订单（如住在邀请方家中，则不需要）c)全程机票预订单 d)健康保险
e)亲属关系公证书，并经过双认证。如是申请访友签证，不用提供 f)无犯罪记录公证书，并经过双认证
g)未成年人需提供父亲和母亲授权的公证书，并经过双认证（9）匈牙利邀请方应提交的材料 具体要求：
a)匈牙利移民局或国家政府出具的官方邀请信 b)邀请人本人写给申请人的邀请信，内容要说明亲属关系，写明其入境及停留真实目的、是否有犯罪记录、亲属关系程度及家庭成员姓名、住址和电话。c)邀请人的护照复印件
d)邀请人在匈牙利的居留许可的复印件
e)如被邀请人住在邀请人家中，则需提供3个月内的房产证明或租房合同，以及接受被邀请人入住的声明。
f)如被邀请人在匈费用由邀请人承担，则需提供邀请人的资产证明文件，如银行资金证明。签证大约2-3个星期取得。
第三篇：匈牙利投资移民申请流程
匈牙利投资移民申请流程
匈牙利投资移民项目介绍
匈牙利国债移民项目于2013年4月18日在匈牙利大使馆（北京）正式启动。非欧盟公民通过购买由匈牙利政府债券管理机构（“AKK”）发行的最短5年的债券，可以获得匈牙利永久居民身份。匈牙利国家特别债券基金是唯一一家被匈牙利政府授权来接收中国及越南地区的申请。此基金在开曼群岛注册，并受开曼群岛法律及互惠基金法监督管理。
匈牙利国家特别债券管理有限公司（HSSDML）是唯一被匈牙利国家特别债券基金授权，在中国地区为投资者提供移民咨询服务的机构。HSSDML 通过与有资质、正规的移民中介签署委托协议，为投资者提供具体的移民服务。
投资此项目者需购买最短5年的基金股权。每位投资者最小投资数额为250,000欧元。在禁售期结束后，股份赎回率为100%（即整个投资额）。在股份赎回后，已经得到匈牙利永久居民身份的投资者可持续持有永久居民身份，并不需要再次购买基金。匈牙利投资移民申请所需材料(资料)
1.证明入境和居留目的的文书(分为2份)
2.律师授权书（匈牙利国家特别债券管理公司提供）
3.2张白底彩色的正面免冠照（35*40mm）
4.填写申请表格（匈牙利国家特别债券管理公司提供）
5.有效护照（建议有效期至少6年以上）
6.60欧元申请费
7.25万欧元匈牙利国家特别债券认购款
匈牙利投资移民申请流程
1.申请五年非永久居留
2.初步评估及签署委托书，并缴付服务费
3.完成基金认购资料准备，且同时完成基金认购汇款（25万欧至匈牙利国家特别债券基
金，4.5万欧至匈牙利国债特别债券基金管理公司）
4.获得匈牙利国家特别债券基金颁发的股东证明书及基金认购国债承诺信
5.申请人递交五年非永久居留申请至匈牙利大使馆（北京）并取指纹
6.匈牙利移民局审核通过，申请人全家获得五年非永久居留
7.准备递交永久居留证所需材料
8.申请永久居留：1-3个月
9.申请人登陆匈牙利，向移民局提交永久居留申请资料(2014年匈牙利政府已取消登陆匈
牙利的要求)
10.匈牙利移民局审核通过，申请人全家获得永久居留
11.转永久居留等待期：6个月
第四篇：匈牙利劳动法(英文版)-2012修改版
Act I of 2012 on the Labor Code
PART ONE
GENERAL PROVISIONS
Chapter I
Introductory Provisions
1.Objective
Section 1 This Act lays down the fundamental rules for decent work according to the principle of free enterprise and the freedom of employment, taking into account the economic and social interests of employers and workers alike.2.Scope
Section 2(1)This Act covers: a)employers;b)workers;c)employers interest groups;d)works councils;and e)trade unions.(2)This Act shall apply to: a)user enterprises(Chapter XVI);
b)beneficiaries of services provided by school cooperatives(Chapter XVII).Section 3(1)The provisions of this Act shall apply having regard to the rules of international private law.(2)Unless otherwise provided for, this Act shall apply to persons who normally work in Hungary.(3)Chapters XIX and XX of this Act shall apply if the employer‟s registered office or independent establishment is located in the territory of Hungary.Section 4 The provisions of this Act pertaining to young workers shall also apply mutatis mutandis to the employment of persons under the age of eighteen within a non-employment relationship.3.Interpretation principles
Section 5(1)The provisions of this Act shall be interpreted in accordance with the legislation of Hungary and the European Union.(2)Agreements which waive or restrict the rights of a person cannot be broadly construed.4.Common rules of conduct
Section 6(1)Employment contracts shall be executed as it might normally be expected in the given circumstances, unless any legal provision exists to the contrary.(2)In exercising rights and discharging obligations, the parties involved shall act in the manner consistent with the principle of good faith and fairness, they shall be required to cooperate with one another, and they shall not engage in any conduct to breach the rights or legitimate interests of the other party.(3)Employers shall take into account the interests of workers under the principle of equitable assessment;where the mode of performance is defined by unilateral act, it shall be done so as not to cause unreasonable disadvantage to the worker affected.(4)The parties falling within the scope of this Act shall inform each other concerning all facts, information and circumstances, and any changes therein, which are considered essential from the point of view of employment relationships and exercising rights and discharging obligations as defined in this Act.Section 7 Wrongful exercise of rights is prohibited.For the purposes of this Act „wrongful exercise of rights‟ means, in particular, any act that is intended for or leads to the injury of the legitimate interests of others, restrictions on the enforcement of their interests, harassment, or the suppression of their opinion.Section 8(1)During the life of the employment relationship, workers shall not engage in any conduct by which to jeopardize the legitimate economic interests of the employer, unless so authorized by the relevant legislation.(2)Workers may not engage in any conduct during or outside their paid working hours thatdirectly and factually has the potential to damage the employer‟s reputation, legitimate economic interest or the intended purpose of the employment relationship.The actions of workers may be controlled as defined in Subsection(2)of Section 9.When exercising such control, the workers affected shall be informed in writing in advance.(3)Workers may not exercise the right to express their opinion in a way where it may lead to causing serious harm or damage to the employer‟s reputation or legitimate economic and organizational interests.(4)Workers shall maintain confidentiality in relation to business secrets obtained in the course of their work.Moreover, workers shall not disclose to unauthorized persons any data learned in connection with their activities that, if revealed, would result in detrimental consequences for the employer or other persons.The requirement of confidentiality shall not apply to any information that is declared by specific other legislation to be treated as information of public interest or public information and as such is rendered subject to disclosure requirement.5.Protection of personal rights
Section 9(1)The personal rights of parties falling within the scope of this Act shall be respected.(2)The personal right of workers may be restricted if deemed strictly necessary for reasons directly related to the intended purpose of the employment relationship and if proportionate for achieving its objective.The means and conditions for any restriction of personal rights, and the expected duration shall be communicated to the workers affected in advance.(3)On general principle, worker may not waive their personal rights in advance.Any legal statement concerned with the personal rights of a worker shall be formally valid if made in writing.Section 10(1)A worker may be requested to make a statement or to disclose certain information only if it does not violate his personal rights, and if deemed necessary for the conclusion, fulfillment or termination of the employment relationship.An employee may be requested to take an aptitude test if one is prescribed by employment regulations, or if deemed necessary with a view to exercising rights and discharging obligations in accordance with employment regulations.(2)Employers shall inform their workers concerning the processing of their personal data.Employers shall be permitted to disclose facts, data and opinions concerning a worker to third persons in the cases specified by law or upon the worker‟s consent.(3)In the interest of fulfillment of obligations stemming from an employment relationship, the employer shall be authorized to disclose the personal data of a worker to a data controller as prescribed by law, indicating the purpose of disclosure, of which the affected worker shall be notified in advance.(4)Information and data pertaining to workers may be used without their consent for statistical purposes and may be disclosed for statistical use in a manner that precludes identification of the workers to whom they pertain.Section 11(1)Employers shall be allowed to monitor the behavior of workers only to the extent pertaining to the employment relationship.The employers‟ actions of control, and the means and methods used, may not be at the expense of human dignity.The private life of workers may not be violated.(2)Employers shall inform their workers in advance concerning the technical means used for the surveillance of workers.6.Principle of equal treatment
Section 12(1)In connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed.Remedying the consequences of any breach of this requirement may not result in any violation of, or harm to, the rights of other workers.(2)For the purposes of Subsection(1), „wage‟ shall mean any remuneration provided directly or indirectly in cash or in kind, based on the employment relationship.(3)The equal value of work for the purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labor market conditions.7.Employment regulations
Section 13 For the purposes of this Act, „employment regulations‟ shall mean legislation, collective agreements and works agreements, and the binding decisions of the conciliation committee adopted according to Section 293.Chapter II Legal acts 8.Agreements
Section 14 Contracts concluded under this Act constitute the outcome of an agreement resting on mutual consent of the parties.9.Unilateral acts, statements
Section 15(1)Rights or obligations may derive from unilateral acts only in cases defined by employment regulations.(2)Exercising the right of withdrawal as provided for in employment regulations or by agreement of the parties shall terminate the agreement retroactively to the date of conclusion.In the event of withdrawal the parties shall settle accounts.(3)The provisions on agreements shall also apply to unilateral acts.(4)A unilateral act shall take effect upon delivery to the recipient andit may be amended or withdrawn only upon the recipient‟s consent.(5)As regards any statement made in the execution of the agreement, other than legal acts, and employer‟s acts relating to the management of work processes, these shall be governed by the provisions of Sections 20-26.10.Commitments
Section 16(1)Under unilateral commitments(hereinafter referred to as “commitment”)the carrying out of the commitments entered into may be demanded irrespective of the beneficiary‟s acceptance.Workers shall be allowed to undertake a statement of commitment only where expressly provided for by employment regulations.(2)A commitment may be amended to the beneficiary‟s detriment, or may be terminated effective immediately in the event of subsequent major changes in the circumstances of the person making the commitment whereby carrying out the commitment is no longer possible or it would result in unreasonable hardship.(3)Furthermore, the provisions governing unilateral acts shall also apply to commitments, with the exception that the obligor shall not claim invalidity of his legal act, alleging that it was not served upon the beneficiary or that it was served improperly.11.Employer’s internal policy
Section 17(1)Employers shall be able to implement the legal acts referred to in Sections 15-16 by means of internal rules established of its own accord or by way of a procedure formulated unilaterally(hereinafter referred to as “employer‟s internal policy”).(2)The employer‟s internal policy shall be considered delivered if published by means considered customary for, and commonly known in, the area.12.Information
Section 18(1)The provisions on legal acts shall apply where the obligation to provide information is prescribed by employment regulations upon either of the parties.Unless otherwise provided for by employment regulations, information shall be provided at a time and in a manner to permit the exercise of rights and the fulfillment of obligations.(2)Information shall be considered provided if published by means considered customary for, and commonly known in, the area.13.Conditions
Section 19(1)The parties may render the conclusion, amendment or termination of the agreement contingent upon certain future, uncertain events(conditions).Any condition that would alter the employment relationship to the disadvantage of workers, or that would bring about the termination of the employment relationship may not be applied.(2)Any condition that is contradictory, impossible or unintelligible shall be considered invalid, in which case the agreement shall be treated as if does not contain the condition in question.(3)As long as a condition is pending, the parties shall refrain from taking any action that would impair the other party‟s right that is contingent upon that condition.Neither of the parties may allege the realization or frustration of the condition if it results from the party‟s wrongful conduct.Chapter III Means of Legal Acts 14.Representation
Section 20(1)The person exercising employer‟s rights shall be entitled to take legal acts on the employer‟s behalf.(2)The rules for exercising employer‟s rights shall be laid downby the employer.(3)If employer‟s rights are exercised by a person(body, organ)other than the one authorized thereto, his actions shall be deemed null and void, unless the person upon whom such rights are vested approved the legal act.A legal act shall be considered valid in the absence of approval if the worker concerned could reasonably infer from the circumstances as to the authority of the acting person.(4)An employer may allege that its representative exceeded his vested competencies if the worker concerned could not reasonably infer from the circumstances as to the authority of the acting person.Section 21(1)Workers shall take legal acts in person.However, workers shall be entitled to take legal acts also through an authorized representative by means of a power of attorney made out in writing.No power of attorney is required if a worker is represented by his close relative insofar that the worker is unable to execute the legal act in person.In case of dispute the reason for the worker‟s absence shall be verified.(2)The employer shall proceed according to the legal act made by the worker if there is any discrepancy between the legal acts made by the worker and by his representative referred to in Subsection(1).(3)A worker, unless the scope of representation is clearly defined as to limits, may not allege that its representative exceeded his vested competencies.(4)The consent of the legal representative is required for the legal acts of persons of limited legal capacity relating to the conclusion, amendment or termination of an employment contract, or to undertaking commitments.(5)Legal acts on behalf of incompetent persons shall be made by the legal representatives.15.Formal requirements
Section 22(1)Legal acts may be made without particular formal requirements, unless otherwise provided for by employment regulations or by agreement of the parties.Upon the employee‟s request, legal acts shall be made in writing by the employer where this is not otherwise mandatory.(2)A legal act shall be construed to have been made in writing if executed by means of an electronic document with facilities for retrieving the information contained in the legal act unaltered, and for identifying the person making the legal act and the time when it was made(hereinafter referred to as “electronic document”).(3)Where an agreement had to be made in writing, any amendment thereto and termination thereof shall also be executed in writing.(4)Unless otherwise provided for in this Act, any legal act made in violation of formal requirements shall be construed invalid.The legal consequences of invalidity shall not apply to any legal act that has been executed upon the parties‟ mutual consent.(5)As regards the unilateral acts of employers the reasons must be provided in writing in cases defined by this Act, and workers affected shall be properly informed concerning the means of enforcement of a claim and also of the time limit available, if shorter than the term of limitation.In the event of failure to provide information as to the time limit, the claim may not be enforced after a period of six months.(6)The requirement for executing legal acts in writing shall be satisfied by means of an authentic instrument or a private document with full probative force if the party(representative)is illiterate or is unable to read or write.Section 23(1)The agreement shall be concluded in writing, which shall be provided for by the employer, a copy of which shall be given to the worker affected.(2)The agreement shall indicate the names of the parties and their particulars of import from the point of view of the performance of the agreement.16.Delivery of legal acts
Section 24(1)A legal act made in writing shall be considered served upon delivery to the person concerned or the person authorized to receive it, or at the time when access to the electronic document is provided.The legal act shall also be considered served if the person concerned or the authorized recipient refuses to receive it or intentionally prevents delivery.(2)In addition to what is contained in Subsection(1), where a legal act is dispatched in the form of certified mail with certified delivery according to the legislation on postal services, it shall be considered served: a)if the person concerned or the authorized recipient refused to receive the consignment, or if delivery to the address provided by the person concerned failed and the consignment is returned marked addressee unavailable or address unknown, on the day when delivery was attempted;b)in all other cases, on the fifth working day following the day when delivery was attempted without success or following the day when the notice was posted.(3)With respect to any legal act that may be subject to court proceedings under this Act, a petition may be filed to challenge the presumption of service referred to in Subsection(2)simultaneously with filing for court action, within fifteen days from the time of receiving information concerning the presumption of service, or within six months from the actual date of service at the latest.Furthermore, the relevant provisions of the Code of Civil Procedure shall apply to actions to challenge a presumption of service.If the petition to challenge the presumption of service is sustained the time limit for filing for court action shall be considered met.(4)In case of dispute the burden of proof for having the service of process executed properly lies with the person making the legal act.17.Deadlines and calculation of time limits
Section 25(1)Where a time limit is prescribed by employment regulations or by agreement of the parties for making specific legal acts or to do or not to do certain other acts, the relevant time limit shall be calculated according to Subsections(2)-(6).(2)Unless otherwise prescribed by employment regulations, a day shall be construed as a calendar day.(3)A time limit shall be calculated from the day following the day on which the action(event)giving rise to the time limit occurred.(4)A time limit specified in weeks shall expire on the day that, by definition, corresponds to the day of initiation.The day of expiration of a deadline specified in months or years shall be that day the numbering of which corresponds with the day of initiation, or the last day of the month if such day is not available in the month of expiration.(5)A time limit shall be considered to have elapsed at the end of the final day.A time limit shall be considered to have elapsed at the end of the next working day of normal working schedule, if the last day is a dedicated weekly rest day or public holiday.(6)Unless otherwise provided for in this Act, a time limit shall be considered met if the legal act is delivered by the end of the last day or certain other actions are carried out by such time.(7)Failure to meet a deadline shall be excusable if expressly permitted by the employment regulations by which it is prescribed.(8)A legal act or other action shall be made or carried out without delay, by advancing the costs that should be covered by a party other than the obligor if necessary, where the party is liable to make the legal act or carry out the other action without delay in accordance with the relevant employment regulations.Section 26 Subsections(4)-(8)of Section 25 shall not apply to calculating any time period, other than time limits, specified by employment regulations or by agreement of the parties;such time periods shall be calculated by the calendar.Chapter IV Invalidity 18.Nullity
Section 27(1)Any agreement that infringes upon any employment regulation, or that is entered into by way of circumvention of any employment regulation shall be null and void.(2)Artificial agreements shall be null and void, and if such agreement is intended to disguise another agreement, it shall be judged on the basis of the disguised agreement.(3)An agreement if annulled shall be considered void, unless the relevant employment regulation stipulates another legal consequence.The party concerned may allege the invalidity of an annulled contract without a time limit;the court observes the nullity of the agreement of its own motion.19.Avoidance
Section 28(1)An agreement may be avoided if either party was in error regarding any material fact or circumstance at the time of its conclusion, provided that such error was caused or could have been recognized by the other party, or if both parties were under the same mistaken assumption.An agreement may be contested on the grounds of misapprehension of a legal issue if such misapprehension is deemed significant and if the advice of a legal counsel, acting within the scope of his competence, to the parties affected has been manifestly erroneous in terms of the contents of the relevant legislation.(2)An agreement may be contested if it was obtained unlawfully by duress or coercion.(3)An agreement may be avoided by a person who has been misled or persuaded unlawfully to make a legal act by duress or coercion, or by a person acting under a mistaken assumption.(4)The time limit for filing an action for avoidance shall be thirty days, commencing upon recognition of the error or, in the case of duress or coercion, upon cessation of duress.The statute of limitations shall duly apply to the time limit for bringing action for avoidance, with the exception that the right to avoidance shall terminate after six months.(5)The other party shall be notified in writing regarding the execution of a legal act for avoidance within the time limit specified in Subsection(4)hereof.(6)An agreement if successfully avoided shall be void.20.Legal consequences of invalidity
Section 29(1)Rights and obligations arising from or in connection with an invalid agreement shall be treated as if they existed under a valid agreement.Unless otherwise provided for in this Act, employers shall terminateany legal relationships created on the basis of an invalid agreement, if the parties fail to abolish the cause of invalidity.(2)Employers shall be liable to pay their workers absentee pay covering a period otherwise due in the event of dismissal by the employer, furthermore, the rules on severance pay shall also apply if the employment contract is declared invalid for reasons attributable to the employer and it has to be terminated pursuant to Subsection(1).(3)If any part of an agreement is deemed invalid, the relevant employment regulations shall be applied instead, unless the parties would otherwise not have concluded the agreement without the invalid part.(4)As regards the invalidity of unilateral acts, no rights and obligations shall arise from or in connection with such legal acts.(5)In the case of invalidity of a legal act made for the termination of an employment relationship, the provisions of Sections 82-84 shall apply mutatis mutandis, except where the employer‟s own legal act was successfully contested.Section 30 In the event that the invalidity of an agreement results in damages, the provisions on liability for damages shall be applied.21.Application of civil law
Section 31 Furthermore, legal acts shall be governed by the provisions of Chapters XVII-XXII of the Civil Code, with the exception that agreements may not be amended in the court of law.PART TWO
EMPLOYMENT RELATIONSHIP
Chapter V
Parties to Employment Relationships
Section 32 The parties to an employment relationship are the employer and the employee.Section 33 „Employer‟ means any person having the capacity to perform legal acts who is party to employment contracts with employees.Section 34(1)„Employee‟ means any natural person who works under an employment contract.(2)Workers must be at least sixteen years of age.By way of derogation from the above, any person of at least fifteen years of age receiving full-time school education may enter into an employment relationship during school holidays.(3)By authorization of the guardian authority, young persons under sixteen years of age may be employed for the purposes of performance in cultural, artistic, sports or advertising activities.22.Entire agreement
Section 35 No deviation from the provision of Sections 32-34 shall be permitted.Chapter VI
Transfer of Employment Contracts Upon the Transfer of Enterprise
Section 36(1)Rights and obligations arising from employment relationships, existing at the time of transfer of an economic entity(organized grouping of material or other resources)by way of a legal transaction are transferred to the transferee employer.(2)In liquidation proceedings the provisions of: a)Subsection(1)of this Section;b)Sections 37-40;c)Subsection(3)of Section 66;d)Subsection(4)of Section 228;e)Subsection(4)of Section 229;and f)Section 282;shall not apply.Section 37 Before the time of transfer the transferring employer shall inform the receiving employer concerning the employment relationships involved, and also on the rights and obligations arising from non-competition agreements and study contracts.Failure to provide the information shall have no bearing as to the enforcement of rights arising from such covenants on the receiving employer‟s part.Section 38(1)Within fifteen days following the time of transfer, the receiving employer shall inform in writing the workers affected concerning the transfer of employment upon the transfer of enterprise, disclosing the employer‟s identification data, and on changes in working conditions under Subsection(1)of Section 46.(2)If the transferring employer has no works counciland no shop steward had been elected either, the transferring orthe receiving employer shall inform in writing the employees concerned not more than fifteen days before the date of transfer of the following: a)the date or proposed date of the transfer;b)the reason for the transfer;c)the legal, economic and social implications of the transfer for the employees;and d)any measures envisaged in relation to the employees.Section 39 The transferring the receiving employer shall be jointly and severally liable in respect of obligations towards employees which arose before the date of transfer, if the employee submits the claim within one year from the date of transfer.Section 40(1)The provisions contained in Section 70 and Section 77 shall apply mutatis mutandis if the worker terminates his employment relationship by giving notice because the transfer of employment upon the transfer of enterprise involves a substantial change in working conditions to the detriment of the employee, and in consequence maintaining the employment relationship would entail unreasonable disadvantage or would be impossible.(2)In accordance with Subsection(2)of Section 67, the employee shall provide the reasons for giving notice of termination as referred to in Subsection(1).(3)Employees may exercise the right of notice as per Subsection(1)within thirty days from the date of transfer of employment upon the transfer of enterprise.23.Entire agreement
Section 41 Derogations from Sections 36-40 in the collective agreement are allowed only to the benefit of workers.Chapter VII
Commencement of an Employment Relationship
24.Employment contracts
Section 42(1)An employment relationship is deemed established by entering into an employment contract.(2)Under an employment contract: a)the employee is required to work as instructed by the employer;
b)the employer is required to provide work for the employee and to pay wages.Section 43(1)Unless otherwise provided for by law, the employment contract may derogate from the provisions of Part Two and from employment regulations to the benefit of the employee.(2)Such derogations shall be adjudged by comparative assessment of related regulations.Section 44 Employment contracts may only be concluded in writing.Invalidity on the grounds of failure to set the contract in writing may only be alleged by the employee within a period of thirty days from the first day on which he commences work.25.Contents of employment contracts
Section 45(1)The parties must specify in the employment contract the employee‟s personal base wage and job function.(2)The term of the employment relationship shall be defined in the employment contract.Failing this the employment relationship is concluded for an indefinite duration.(3)The workplace of the employee shall be defined in the employment contract.Failing this, the place where work is normally carried out shall be considered the workplace.(4)In the absence of an agreement to the contrary, all employment relations are concluded on general principle for full-time daily employment.(5)In the employment contract the parties may stipulate a probationary period of not more than three months from the date of commencement of the employment relationship.In the event that a shorter probationary period has been stipulated the parties may extend the probationary period once.In either case, the duration of the probationary period may not exceed three months.26.Employer’s obligation to provide information in writing
Section 46(1)The employer shall inform the employee in writing within fifteen days from the date of commencement of the employment relationship concerning: a)the daily working time;b)wages above the base wage, and other benefits;c)payroll accounting, the frequency of payment of wages, and the day of payment;d)the functions of the job;e)the number of days of leave and the procedures for allocating and determining such leave;and f)the rules governing the periods of notice to be observed by the employer and the employee;furthermore g)whether a collective agreement applies to the employer;and h)the person exercising employer‟s rights.(2)The information referred to in Paragraphs a)-c)and e)-f)of Subsection(1)hereof may also be given in the form of a reference to the relevant employment regulations.(3)If the employment relationship is terminated before the fifteen-day period lapses, the employer shall perform the obligation referred to in Subsection(1)at the time specified in Subsection(2)of Section 80.(4)Employees shall be informed of any change in the name or other major particulars of the employer, or in the details referred to in Subsection(1)in writing within fifteen days of the effective date of the change in question.(5)The employer‟s obligation to provide information, except for Paragraph h)of Subsection(1), shall not apply if, by virtue of the employment contract: a)the term of the employment relationship does not exceed one month;or b)the working time does not exceed eight hours per week.Section 47 In the case of work to be performed abroad for a period of more than fifteen days the employee must be informed in writing at least seven days before the date of departure of the following, in addition to what is contained in Section 46: a)the place and duration of the work abroad;b)the benefits in cash or in kind;c)the currency to be used for the payment of remuneration and other payments;and d)the conditions governing the employees repatriation.27.Commencement of the employment relationship
Section 48 The date of commencement of the employment relationship shall be defined in the employment contract.Failing this, the day following the conclusion of the employment contract shall be construed as the date of commencement of the employment relationship.Section 49(1)During the period between the day on which the employment contract is concluded and the date of commencement of the employment relationship the parties may not engage in any conduct to defeat the employment relationship.(2)During the period referred to in Subsection(1)either party shall be entitled to withdraw from the employment contract in the event of material changes taking place in his circumstances following the date of conclusion of the employment contract whereby carrying out the employment relationship is no longer possible or it would result in unreasonable hardship.28.Entire agreement
Section 50(1)In the agreement of the parties no derogation is allowed: a)from Sections 42-44;and b)from Subsection(1)of Section 45.(2)In the collective agreement no derogation is allowed: a)from Sections 42-44;and b)from Subsections(1)-(4)of Section 45.(3)Derogations from Sections 46-47 in the collective agreement are allowed only to the benefit of workers.(4)The term of the probationary period may not exceed six months as provided for in the collective agreement.Chapter VIII
Performance of Employment Contracts
29.Fundamental obligations
Section 51(1)Employers shall employ their employees in accordance with the rules and regulations pertaining to contracts of employment, employment regulations and the provisions of other relevant legislation, andprovide the necessary working conditions.(2)Employers shall be liable to compensate their employees for justified expenses incurred in connection with fulfillment of the employment relationship.(3)Workers shall be employed for work of such nature which is not considered harmful with a view to their physical condition or development.(4)The responsibility for the implementation of occupational safety and occupational health requirements lies with the employers.The employee‟s fitness for the job for which he is being considered shall be examined free of charge before taking up work and on a regular basis during the life of the employment relationship.(5)In the employment of persons with disabilities appropriate steps shall be taken to ensure that reasonable accommodation is provided.(6)The Government is hereby authorized to decree the regulations for the compensation of the justified expenses of employees incurred in connection with fulfillment of the employment relationship.Section 52(1)Employees shall: a)appear at the place and time specified by the employer, in a condition fit for work;
b)be at the employer‟s disposal in a condition fit for work during their working time for the purpose of performing work;c)perform work in person, with the level of professional expertise and workmanship that can be reasonably expected, in accordance with the relevant regulations, requirements, instructions and customs;d)perform work in such a way that demonstrates the trust vested in him for the job in question;e)cooperate with their co-workers.(2)Employees may not accept and may not lay claim to any remuneration from third parties in connection with their activities performed with the employment relationship without the employer‟s prior consent.(3)The employee‟s wages fixed in the employment contract or by employment regulations may not be reduced on account of the employee having received any remuneration under Subsection(2)upon the employer‟s prior consent.(4)The remuneration referred to in Subsection(2)shall cover all forms of valuable consideration provided by a third party to the employee in addition to the payment otherwise due to the employer.30.Derogation from the employment contract
Section 53(1)Employers shall be entitled to temporarily reassign their employees to jobs and workplaces other than what is contained in the employment contracts, or to another employer.(2)The duration of employment as referred to in Subsection(1)may not exceed a total of forty-four working days or three hundred and fifty-two scheduled hours during a calendar year.This shall proportionately apply if the employment relationship commenced during the year, if it was entered into for a fixed term or in the case of irregular daily working time and part-time work.The employee affected shall be informed of the expected duration of work in derogation from the employment contract.(3)An employee may not be transferred to work at another location without the employee‟s consent: a)from the time her pregnancy is diagnosed until her child reaches three years of age;b)until the child reaches sixteen years of age, if a single parent;and c)if providing long-term care for a close relative in person;furthermore
d)if having suffered a degree of health impairment of at least fifty per cent as diagnosed by the body of rehabilitation experts.(4)As regards Paragraph c)of Subsection(3)the provision of Subsection(2)of Section 131 shall also apply.(5)In the case of employment under Subsection(1)the employee shall be entitled to the wage prescribed for the job in question, or at least to the base wage fixed in the employment contract.31.Disobeying instructions
Section 54(1)Employees shall refuse to carry out an instruction if it would result in direct and grave risk to the health of others or to the environment.(2)Employees may refuse to carry out an instruction if it violates the provisions of employment regulations, or it would result in direct and grave risk to the life, physical integrity or health of the employee.(3)In the event of refusal to carry out an instruction the employee shall be available nonetheless.(4)Employees may disobey the employer‟s instruction to the extent absolutely necessary to protect the employer from suffering losses, and the employer cannot be warned in time.The employer shall be notified thereof as soon as possible.32.Exemption from work duty
Section 55(1)Employees shall be exempted from the requirement of availability and from work duty: a)if unfit for work;b)if receiving treatment in a healthcare institution related to a human reproduction procedure, as specified in the relevant legislation;and c)for the duration of mandatory medical examination;furthermore
d)for the length of time required for donating blood, for a period of at least four hours;e)if they are nursing mothers, for one hour twice daily, or two hours twice daily in the case of twins during the first six months of breastfeeding, and thereafter for one hour daily, or two hours daily in the case of twins until the end of the ninth month;f)for two working days upon the death of a relative;
g)for the duration of classes in the case of employees pursuing elementary school studies, for the duration of training if participating in initial and continuing training by agreement of the parties;
h)for the duration of being engaged in fire fighting operations in a voluntary or industrial fire brigade;i)when called upon by the court or an authority, or for the duration of participating in proceedings in person;j)for any duration of absence due to personal or family reasons, or as justified by unavoidable external reasons;furthermore k)for any duration specified by employment regulations.(2)The employer, if so required for investigating the circumstances of an employee‟s breach of obligations, may exempt the employee from the requirement of availability and from work duty for the period required for the inquiry, in any case for up to thirty days.33.Legal consequences for the employee’s wrongful breach of duty
Section 56(1)In the event of any infringement of obligations arising from an employment relationship the collective agreement orthe employment contract may prescribe detrimental legal consequences consistent with the gravity of the infringement.(2)The detrimental legal consequence aforementioned may be a sanction related to the employment relationship, altering its terms and conditions for a fixed period, which shall not violate the employee‟s personal rights and dignity.Where the sanction is of a financial nature, it may notexceed the employee‟s monthly base wage in effect at the time when the sanction is imposed.(3)In connection with detrimental legal consequences Subsection(2)of Section 78 shall also apply.(4)An infringement may not be sanctioned by detrimental legal consequences if the employer has already stated it as the reason for termination of the employment relationship.(5)The measure imposing detrimental legal consequences shall be put in writing, with reasons provided.34.Entire agreement
Section 57(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(3)of Section 52;b)from Subsections(3)-(4)of Section 53;c)from Subsection(1)of Section 54;d)from Subsections(2)-(5)of Section 56.(2)Derogations from Subsection(1)of Section 55 in the collective agreement are allowed only to the benefit of workers.Chapter IX
Amendment of the Employment Contract
Section 58 Parties shall be entitled to amend employment contracts by mutual consent.The provisions on the conclusion of employment contracts shall be duly applied for the amendment thereof.Section 59 Following the end of the leave of absence defined in Sections 127-133, the employer shall make an offer to the employee for having his wages adjusted, taking into consideration the average annual wage improvement implemented in the meantime by the employer for employees in the same position.In the absence of such employees, the rate of actual annual wage improvements implemented by the employer shall be applied.Section 60(1)An employee shall be offered a job fitting for her state of health if considered unable to work in her original position according to a medical opinion from the time her pregnancy is diagnosed until her child reaches one year of age.The pregnant worker shall be discharged from work duty if no position appropriate for her medical condition is available.(2)The worker shall be given the base wage normally paid for the job offered, which may not be less than her base wage fixed in the employment contract.The base wage shall be payable for the duration of discharge, except if the job offered is refused without good reason.Section 61(1)Employers shall inform their workers concerning the following opportunities, indicating the jobs in which they are available: a)full or part-time work, b)teleworking, and c)permanent employment relationships.(2)Employers shall respond to the proposition of workers for the amendment of their employment contracts within fifteen days in writing.(3)Employers shall amend the employment contract based on the employee‟s proposition to part-time work covering half of the daily working time until the child reaches the age of three.35.Entire agreement
Section 62(1)In the agreement of the parties or in the collective agreement no derogation is allowed from Section 58.(2)Derogations from Sections 59-61 in the collective agreement are allowed only to the benefit of workers.Chapter X
Cessation and Termination of Employment Relationships
36.Cessation of an employment relationship
Section 63(1)An employment relationship shall terminate: a)upon the employee‟s death;
b)upon the dissolution of the employer without succession;c)upon the expiration of the fixed term;
d)in the case defined in Subsection(3)hereof;e)in other cases defined by law.(2)Where employment is terminated by the employer the worker shall be entitled to a sum equal to the absentee pay due for the period when exempted from work duty if the employment relationship terminates under Paragraph b)or d)of Subsection(1), except if the worker is not entitled to his wages for the period of exemption, or if otherwise provided for by law.(3)The employment relationship shall terminate if the employer taking over the economic entity under the legal transaction referred to in Subsection(1)of Section 36 or on the strength of law is not covered by this Act.(4)In the case defined in Subsection(3), the transferor shall inform the workers affected in writing, fifteen days before the termination of their employment relationship concerning the actual or proposed date of termination, and on the reasons.37.Termination of employment
Section 64(1)An employment relationship may be terminated: a)by mutual consent;b)by notice;c)by dismissal without notice.(2)The reasoning shall clearly specify the grounds for termination.The burden of proof to verify the authenticity and substantiality of the grounds of the act of termination shall lie with the party taking the legal act.38.Termination by notice
Section 65(1)An employment relationship may be terminated by the employee and the employer by notice.(2)If so agreed by the parties, the employment relationship may not be terminated by notice for a period of up to one year from the date of commencement of the employment relationship.(3)The employer may not terminate the employment relationship by notice: a)during pregnancy;b)during maternity leave;c)during a leave of absence taken without pay for caring for a child(Sections 128 and 130);d)during any period of actual reserve military service;and e)in the case of women, while receiving treatment related to a human reproduction procedure, for up to six months from the beginning of such treatment.(4)For the purposes of the protection set out in Subsection(3)hereof, the date of giving notice of the dismissal, and in the case of collective redundancies the date of notification referred to in Subsection(1)of Section 75 shall be taken into account.(5)The provisions of Paragraphs a)and e)of Subsection(3)hereof shall apply only if the worker has informed the employer thereof before the notice was given.(6)The protection referred to in Paragraph c)of Subsection(3)shall be available to the mother if unpaid leave has been taken by both parents.Section 66(1)Employers are required to justify their dismissals.(2)An employee may be dismissed only for reasons in connection with his/her behavior in relation to the employment relationship, with his/her ability or in connection with the employer‟s operations.(3)The transfer of employment upon the transfer of enterprise may not in itself serve as grounds for termination.(4)The employer shall be permitted to terminate the employment relationship of workers, other than pensioners, concluded for an indefinite duration inside the five-year period before the date when the employee reaches the age limit for old-age pension on the grounds of the workers‟ behavior in relation to the employment relationship only for the reason defined in Subsection(1)of Section 78.(5)The employment relationship of the workers referred to in Subsection(4)may be terminated in connection with workers‟ ability or for reasons in connection with the employer‟s operations if the employer has no vacant position available at the workplace referred to in Subsection(3)of Section 45 suitable for the worker affected in terms of skills, education and/or experience required for his/her previous job, or if the worker refuses the offer made for his/her employment in that job.(6)Where the employment relationship of a mother or a single father is terminated by notice Subsections(4)-(5)shall apply until the child reaches the age of three, if the employee is not taking up maternity leave or leave of absence without pay for the purpose of caring for the child(Section 128).(7)The employer may terminate by notice the employment relationship of a worker who is receiving rehabilitation treatment or rehabilitation benefits due to the worker‟s capacity related to medical reasons if the worker can no longer be employed in his/her original position and no other job is available that is considered appropriate for his/her medical condition, or if the employee refuses to accept a job offered by the employer without good reason.(8)The employer shall be permitted to terminate a fixed-term employment relationship by notice: a)if undergoing liquidation or bankruptcy proceedings;or b)for reasons related to the worker‟s ability;or
c)if maintaining the employment relationship is no longer possible due to unavoidable external reasons.(9)The employer is not required to give reasons for terminating a permanent employment relationship if the worker affected is a pensioner.Section 67(1)Workers are not required to give reasons for terminating their permanent employment relationship.(2)Workers are required to give reasons for terminating their fixed-term employment relationship.The reason given for termination may only be of such a nature as would render the maintaining of the employment relationship impossible or that would cause unreasonable hardship in light of his/her circumstances.39.Notice period
Section 68(1)The notice period shall begin at the earliest on the day following the date when dismissal is communicated.(2)Where employment is terminated by the employer, the notice period shall begin at the earliest on the day after the last day of the following periods: a)duration of incapacity to work due to illness, not to exceed one year following expiration of the sick leave period;b)absence from work for the purpose of caring for a sick child;
c)leave of absence without pay for providing home care for a close relative.(3)Subsection(2)shall apply in connection with collective redundancies if the conditions specified in Subsection(2)exist at the time when the notification referred to in Subsection(1)of Section 75 is given.Section 69(1)The period of notice is thirty days.(2)Where employment is terminated by the employer, the thirty-day notice period shall be extended: a)by five days after three years;b)by fifteen days after five years;c)by twenty days after eight years;d)by twenty-five days after ten years;e)by thirty days after fifteen years;f)by forty days after eighteen years;g)by sixty days after twenty years of employment at the employer.(3)By agreement of the parties the notice periods referred to in Subsections(1)-(2)may be extended by up to six months.(4)For the purposes of notice periods, the duration specified in Subsection(2)of Section 77 shall not be taken into consideration.(5)The period of notice for the termination of a fixed-term employment relationship by notice may not go beyond the fixed term.Section 70(1)In the event of dismissal the employer shall excuse the employee concerned from work duty for at least half of the notice period.Any fraction of a day shall be applied as a full day.(2)The exemption from work duty shall be allocated in not more than two parts, at the employee‟s discretion.(3)For the period of being excused from his duties the employee shall be entitled to absentee pay, except if he would not be eligible for any wages otherwise.(4)If the employee was excused from his duties permanently prior to the end of the notice period, and the circumstance precluding payment of wages occurred subsequent to having the employee excused from his duties, the wages already paid out may not be reclaimed.40.Provisions relating to collective redundancies
Section 71(1)„Collective redundancy‟ shall mean when an employer, based on the average statistical workforce for the preceding six-month period, intends to terminate the employment relationship: a)of at least ten workers, when employing more than twenty and less than one hundred employees, b)of 10 per cent of the employees, when employing one hundred or more, but less than three hundred employees, c)of at least thirty workers, when employing three hundred or more employees, in accordance with Subsection(3), inside a period of thirty days, for reasons in connection with its operations.(2)For employers in operation for less than six months, the average statistical number of employees referred to in Subsection(1)shall be determined for the period applicable.(3)Compliance with the requirements specified in Subsection(1)shall be ascertained, where applicable, separately for each place of business;however, the number of workers employed at various locations, but within the jurisdiction of the same county(Budapest)shall be calculated on the aggregate.The employee shall be accounted at the location where he/she works in the position registered at the time when the decision on collective redundancy was adopted.(4)The provisions on collective redundancies shall not apply to the crews of sea-going vessels.Section 72(1)The employer, if planning to carry out collective redundancies, shall initiate consultations with the works council.(2)At least seven days before the discussions, the employer shall inform the works council in writing regarding: a)the reasons for the projected collective redundancies;b)the number of workers to be made redundant broken down by categories;or c)the number of workers employed during the period specified under Subsection(1)of Section 71;
d)the period over which the projected redundancies are to be effected, and the timetable for their implementation;e)the criteria proposed for the selection of the workers to be made redundant;and f)the conditions for and the extent of benefits provided in connection with the termination of employment relationships, other than what is prescribed in employment regulations.(3)The employer‟s obligation of consultation shall apply until the conclusion of an agreement, or failing this for a period of fifteen days after the beginning of negotiations.(4)In order to reach an agreement, the negotiations shall, at least, cover: a)the possible ways and means of avoiding collective redundancies;b)the principles of redundancies;c)the means of mitigating the consequences;and d)the reduction of the number of employees affected.(5)The agreement concluded in the course of negotiations shall be made out in writing, a copy of which shall be sent to the government employment agency.Section 73(1)The decision for the implementation of collective redundancies shall specify: a)the number of workers affected, broken down by job categories;and b)the date of commencement and conclusion and the timeframe of collective redundancy, or the timetable for implementing the said redundancies.(2)Collective redundancies shall be effected in thirty-day periods.To this end, the timetable indicated in the employer‟s decision shall be taken into account.(3)The number of workers shall be calculated on the aggregate, if within thirty days from the date of disclosure of the legal act for the termination of the last employment relationship or from the date of reaching an agreement the employer communicates another statement or concludes an agreement for the termination of employment in a given period.(4)For the purposes of Subsection(3): a)legal act for the termination of employment shall mean a notice for reasons in connection with the employer‟s operations;b)agreement for the termination of employment shall be construed as a mutual agreement initiated by the employer.(5)Termination for reasons in connection with the employer‟s operations shall cover the employer actions specified in Paragraph b)of Subsection(1)of Section 79, andnotice of dismissal, if no reasoning is required under this Act.Section 74(1)The employer shall notify the government employment agency of its intention regarding collective redundancies, and of the details and aspects defined in Subsection(2)of Section 72, and shall supply a copy thereof to the works council.(2)The employer shall notify in writing the government employment agency of its decision regarding collective redundancies at least thirty days prior to delivering the notice of dismissal or the legal act defined in Paragraph b)of Subsection(1)of Section 79.This aforementioned notification shall contain: a)the identification data;b)the position;and c)the qualification of the employees to be made redundant.Section 75(1)The employer shall notify in writing the workers affected of its decision regarding collective redundancies at least thirty days prior to delivering the notice of dismissal or the dismissal without notice defined in Paragraph b)of Subsection(1)of Section 79.The notice of dismissal or the dismissal without notice may be delivered after thirty days following the time of notification.(2)The notification referred to in Subsection(1)shall be sent to the works council and the government employment agency as well.(3)Any notice of dismissal delivered in violation of Subsection(1)shall be considered unlawful.Section 76(1)The agreement under Subsection(5)of Section 72 may lay down the guidelines for the employer to select the workers affected by the termination of employment relationships.(2)Any worker who failed to supply the information necessary for the employer to discharge the obligation referred to in Subsection(1)hereof may not allege any breach of the agreement.41.Severance pay
Section 77(1)An employee shall be entitled to severance pay if his employment relationship is terminated: a)by the employer;
b)upon the dissolution of the employer without succession;or c)under Paragraph d)of Subsection(1)of Section 63.(2)Entitlement to severance pay shall only apply upon the existence of an employment relationship with the employer during the period specified in Subsection(3)at the time when the notice of dismissal is delivered or when the employer is terminated without succession.In terms of entitlement for severance pay, any period of at least thirty consecutive days for which the employee did not receive any wages shall not be taken into consideration, with the exception of: a)maternity leave and any leave of absence without pay for nursing or caring for a child(Section 128);
b)any leave of absence without pay taken for the purpose of actual reserve military service for a period of not more than three months.(3)Severance pay shall be the sum of the absentee pay due for: a)one month, for up to three years;b)two months, for up to five years;c)three months, for up to ten years;d)four months, for up to fifteen years;e)five months, for up to twenty years;f)six months, for up to twenty-five years of employment.(4)The amount of severance pay established according to: a)Paragraphs a)-b)of Subsection(3)shall be increased by one month‟s absentee pay, b)Paragraphs c)-d)of Subsection(3)shall be increased by two month‟s absentee pay, c)Paragraphs e)-f)of Subsection(3)shall be increased by three month‟s absentee pay，if the employment relationship is terminated as specified under Subsection(1)inside the five-year period before the date when the employee reaches the age limit for old-age pension.(5)The employee shall not be entitled to receive severance pay if: a)he/she is recognized as a pensioner at the time when the notice of dismissal is delivered or when the employer is terminated without succession, or b)he/she is dismissed for reasons in connection with his/her behavior in relation to the employment relationship or on grounds other than health reasons.42.Termination without notice
Section 78(1)An employer or employee may terminate an employment relationship without notice if the other party: a)willfully or by gross negligence commits a grave violation of any substantive obligations arising from the employment relationship;or b)otherwise engages in conduct that would render the employment relationship impossible.(2)The right of termination without notice may be exercised within a period of fifteen days of gaining knowledge of the grounds therefor, in any case within not more than one year of the occurrence of such grounds, or in the event of a criminal offense up to the statute of limitation.If the right of termination without notice is exercised by a body, the date of gaining knowledge shall be the date when the body, acting as the body exercising employer‟s rights, is informed regarding the grounds for termination without notice.(3)In the event of termination without notice by the employee, the employer must proceed in accordance with Subsection(3)of Section 70 and Section 77.Section 79(1)The right of termination without notice may be exercised, without giving reasons: a)by either party during the probationary period;b)by the employer in connection with fixed-term employment relationships.(2)In the case of termination under Paragraph b)of Subsection(1), the employee shall be entitled to absentee pay due for twelve months, or if the time remaining from the fixed period is less than one year, for the remaining time period.43.Procedure for the termination(cessation)of an employment relationship
Section 80(1)The employee, upon termination(cessation)of employment, shall relinquish his position as ordered and settle accounts with the employer.The employer shall sufficiently provide for the conditions of job transfer and accounting.(2)Upon termination of the employment relationship by notice, the employee shall be paid his work wages and other emoluments from the last day of work, in any case on the fifth working day after the termination of employment relationship, and shall be supplied the statements and certificates prescribed by employment regulations and other relevant legislation.Section 81(1)At the employee‟s request, the employer shallprovide a written assessment of the employee‟s work if the employment relationship lasted for at least one year.(2)If the assessment contains any false facts the employee may bring action before the court for having such facts abolished or revised.44.Legal consequences of wrongful termination of employment
Section 82(1)The employer shall be liable to provide compensation for damages resulting from the wrongful termination of an employment relationship.(2)Compensation for loss of income from employment payable to the employee may not exceed twelve months‟ absentee pay.(3)In addition to what is contained in Subsection(1)hereof, the employee is entitled to severance pay as well, if: a)his employment relationship was wrongfully terminated;or b)he did not receive any severance pay pursuant to Paragraph b)of Subsection(5)of Section 77 at the time his employment relationship was terminated.(4)In lieu of Subsections(1)-(2), the employee may demand payment equal to the sum of absentee pay due for the notice period when his employment is terminated by the employer.Section 83 In addition to what is contained in Subsection(1)of Section 82, at the employee‟s request the court shall reinstate the employment relationship: a)if it was terminated in violation of the principle of equal treatment;b)if it was terminated in violation of Subsection(3)of Section 65;c)if it was terminated in violation of Subsection(1)of Section 273;
d)if the employee served as an employees‟ representative at the time his employment relationship was terminated;e)if the employee successfully challenged the termination of the employment relationship by mutual consent or his own legal act therefor.Section 84(1)The employee, if having terminated his employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for the notice period when the employment relationship is terminated by the employer.(2)The employee, if having terminated his fixed-term employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for the time remaining from the fixed period, up to three months‟ absentee pay at most.(3)Employers shall be entitled to demand payment for damages if such are in excess of the amount described in Subsection(1)or(2).These sums in total may not exceed the employee‟s absentee pay due for twelve months.(4)The provisions on wrongful termination of employment shall apply if the employee fails to leave his post according to regulations.45.Entire agreement
Section 85(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(1)of Section 63;b)from Section 64;
c)from Subsection(1)of Section 82.(2)In the collective agreement any derogation: a)from Subsections(2)-(3)of Section 63;b)from Sections 65-68;c)from Sections 71-76;d)from Section 78;e)from Section 81;f)from Section 83;
is allowed only to the benefit of workers.(3)The notice period stipulated in the collective agreement may be longer than what is contained in Subsection(1)of Section 69.Chapter XI
Working Time and Rest Period
46.Definitions
Section 86(1)„Working time‟ shall mean the duration from the commencement until the end of the period prescribed for working, covering also any preparatory and finishing activities related to working.(2)„Preparatory or finishing activities‟ shall mean operations comprising a function of the worker‟s job by nature that is ordinarily carried out without being subject to special instructions.(3)Working time shall not cover: a)break-time, with the exception of stand-by jobs;and b)travel time from the employee‟s home or place of residence to the place where work is in fact carried out and from the place of work to the employee‟s home or place of residence.Section 87(1)„Working day‟ shall mean a calendar day or an uninterrupted twenty-four hour period defined by the employer, if the beginning and end of the daily working time as scheduled to accommodate the employer‟s operations falls on different calendar days.(2)The provisions of Subsection(1)shall also apply to determining the weekly rest periods and public holidays, where the time period between seven hours and twenty-two hours shall be regarded as a weekly rest day or public holiday.(3)„Week‟ shall mean a calendar week or an uninterrupted one hundred and sixty-eight hour period defined by the employer, if the beginning and end of the daily working time as scheduled to accommodate the employer‟s operations falls on different calendar days.Section 88(1)„Daily working time‟ shall mean the duration of working time fixed by the parties or specified by employment regulations for: a)full-time jobs;or b)part-time jobs.(2)„Scheduled daily working time‟ shall mean the regular working time ordered for a working day.(3)„Scheduled weekly working time‟ shall mean the regular working time ordered for a week.Section 89 „Night work‟ shall mean work carried out between twenty-two hours(22:00)and six hours(6:00).Section 90 The method of organizing the employer‟s work is:
a)continuous, if the time of stoppage on a given calendar day is less than six hours or if operation is suspended only for the reasons and for the duration required by the technology employed in any calendar year and aa)the employer is engaged in the provision of basic public services on a regular basis, or ab)if economic or feasible operation cannot be ensured otherwise for objective and technical reasons;b)shiftwork, if its duration reaches eighty hours in a week;c)seasonal, if work is to be performed in a specific season or a given time or period of the year, irrespective of the conditions under which the work is organized.Section 91 „Stand-by job‟ shall mean where:
a)due to the nature of the job, no work is performed during at least one-third of the employee‟s regular working time based on a longer period, during whichthe employee is at the employer‟s disposal;or
b)in light of the characteristics of the job and of the working conditions, the work performed is significantly less strenuous and less demanding than commonly required for a regular job.47.Daily working time
Section 92(1)The daily working time in full-time jobs is eight hours(regular daily working time).(2)Based on an agreement between the parties, the daily working time in full-time jobs may be increased to not more than twelve hours daily for employees: a)working in stand-by jobs;b)who are relatives of the employer or the owner(extended daily working time).(3)For the purposes of Subsection(2), „owner‟ shall mean any member of the business association holding more than twenty-five per cent of the votes in the company‟s decision-making body.(4)The regular daily working time may be reduced in full-time jobs pursuant to the relevant employment regulations or by agreement of the parties.(5)The daily working time applicable for a specific full-time job may be reduced by agreement of the parties(part-time work).48.Working time banking
Section 93(1)The employer may define the working time of an employee in terms of the „banking‟ of working time or working hours as well.(2)Where working time is established within the framework of working time banking the period covered by the banking of working time shall be arranged based on daily working time and the standard work pattern.In this context the public holidays falling on working days according to the standard work pattern shall be ignored.(3)In determining the working time according to Subsection(2)the duration of absence shall be ignored, or it shall be taken into consideration as the working time defined by the schedule for the given working day.In the absence of a work schedule the duration of leave shall be calculated based on the daily working time, whether ignored or taken into consideration.(4)Where working time is defined within the framework of working time banking the beginning and ending date shall be specified in writing and shall be made public.Section 94(1)The maximum duration of working time banking is four months or sixteen weeks.(2)The maximum duration of working time banking is six months or twenty-six weeks in the case of employees: a)working in continuous shifts;b)working in shifts;and c)employed for seasonal work;d)working in stand-by jobs;and e)in jobs defined in Subsection(4)of Section 135.(3)The maximum duration of working time banking fixed in the collective agreement is twelve months or fifty-two weeks if justified by technical reasons or reasons related to work organization.(4)Having the collective agreement terminated shall not affect work within the framework of working time banking in progress.43.Procedure upon the termination of employment relationship before the expiry of working time banking arrangements
Section 95(1)Upon the termination of employment relationship the employee‟s wages shall be calculated based on the standard work pattern, the daily working time and the time actually worked.(2)The provisions on overtime work shall apply if the employment relationship ends before the expiry of working time banking arrangements: a)upon the dissolution of the employer without succession;b)upon the expiration of the fixed term;
c)upon dismissal by the employer without notice under Subsection(1)of Section 79;
d)upon dismissal by the employer for reasons in connection with the employer‟s operations;
e)upon termination by the employee without notice, with the exception of Paragraph a)of Subsection(1)of Section 79;and the employee worked more than the working time determined based on the standard work pattern and the daily working time.(3)The provisions on downtime shall apply if the employment relationship ends before the expiry of the working time banking arrangements: a)upon the dissolution of the employer without succession;b)upon the expiration of the fixed term;
c)upon dismissal by the employer without notice under Subsection(1)of Section 79;
d)upon dismissal by the employer for reasons in connection with the employer‟s operations;
e)upon termination by the employee without notice, with the exception of Paragraph a)of Subsection(1)of Section 79;and the employee worked less than the working time determined based on the standard work pattern and the daily working time.(4)The provisions on debts from repayable advances shall apply if the employment relationship ends before the expiry of working time banking arrangements: a)by notice given by the employee;b)upon termination by the employee without notice under Paragraph a)of Subsection(1)of Section 79;c)upon dismissal by the employer without notice under Subsection(1)of Section 78;
d)upon termination by the employer for reasons in connection with the employee‟s behavior in relation to the employment relationship;e)upon termination by the employer for reasonsin connection with the employee‟s ability;and the employee received wages in excess of the wages due for the scheduled working time.50.Work schedule
Section 96(1)The rules relating to work schedules(working arrangements)shall be laid down by the employer.(2)„Flexible working arrangement‟ shall mean when the employer permitsthe employee to schedule at least half of his daily working time on the weekly average in light of the unique characteristics of the job and in the interest of autonomous work organization.(3)In the case of flexible working arrangements: a)Sections 93-112, and
b)Paragraphs a)-b)of Subsection(1)of Section 134 shall not apply, with the exception of this Subsection.(4)In connection with employment referred to in Section 53 the working arrangements applicable to the place of work shall apply.Section 97(1)Employers shall insure that the work schedule of employees is drawn up in accordance with occupational safety and health requirements and in consideration of the nature of the work.(2)Work shall be scheduled for five days a week, between Monday through Friday(standard work pattern).(3)Where working time is defined within the framework of working time banking or payroll period, working time may be determinedirregularly for each day of the week or for certain days only(irregular work schedule).(4)The work schedule shall be for at least one week and shall be made known at least seven days in advance in writing.If not provided, the last work schedule shall remain in force.(5)The employer may alter the work schedule for a given day upon the occurrence of unforeseen circumstances in its business or financial affairs, at least four days in advance.Section 98(1)Apart from working time banking, work may also be scheduled in such a way whereby the employee completes the weekly working time scheduled based on the daily working time and the standard work pattern over a longer period that the employer has determined, beginning on the given week(payroll period).(2)The duration of the payroll period shall be determined in accordance with the provisions of Section 94.(3)In connection with payroll periods, Subsections(3)-(4)of Section 93 and Sections 95 shall also apply.Section 99(1)The scheduled daily working time of an employee may not be less than four hours, with the exception of part-time work.(2)According to the work schedule: a)the daily working time of employees shall not exceed twelve hours;b)the weekly working time of employees shall not exceed forty-eight hours.(3)As regards the workers employed under Subsection(2)of Section 92, according to the work schedule: a)the daily working time of employees shall not exceed twenty-four hours;b)the weekly working time of employees shall not exceed seventy-two hours;if so agreed by the parties in writing.The agreement may be terminated by the employee with fifteen days notice effective as of the last day of the calendar month, or the last day of the working time banking arrangement if applicable.(4)The scheduled daily or weekly working time of employees may exceed the time limits specified in Subsections(2)-(3)by a maximum of one additional hour, if the date of switching to winter time falls inside the employee‟s working hours as defined in the work schedule.(5)The duration of overtime work performed according to: a)Paragraph a)of Section 107 shall be included in the employee‟s daily working time;b)Section 107 shall be included in the employee‟s weekly working time.(6)The scheduled daily working time of employees shall include the entire duration of on-call duty, if the duration of work cannot be measured.(7)In the case of an irregular work schedule, Paragraph b)of Subsection(2)and Paragraph b)of Subsection(3)shall apply with the exception that the duration of scheduled weekly working time shall be taken into account on the average.(8)As regards the employers operating by the work schedule specified according to Subsection(5)of Section 102 instead of working time banking, Paragraph b)of Subsection(2)and Paragraph b)of Subsection(3)shall not apply in connection with any calendar week when work is performed on Saturday as well.Section 100 By agreement of the parties, the employer may schedule daily working time in up to two periods split up over the day(split daily working time).Between the split daily working times scheduled at least two hours of rest must be provided.51.Scheduled working time on Sundays or public holidays
Section 101(1)Work on Sundays may be scheduled within the framework of regular working time: a)if the employer generally operates on Sundays by the nature of its business;b)in seasonal work;
c)if working in continuous shifts;d)for workers working in shifts;e)in stand-by jobs;f)for part-time workers working Saturdays and Sundays only;g)in connection with the provision of basic public services or transfrontier services, where it is necessary on that day stemming from the nature of the service;h)in the case of work performed abroad;and i)at employers engaged in commercial activities covered by the Trade Act, and at providers of services auxiliary to commercial activities and providers of tourist services of a commercial nature.(2)As regards Paragraph a)of Subsection(1)the provision of Subsection(3)of Section 102 shall be duly applied.(3)If an employee working in a stand-by job is scheduled to work on Sunday within the framework of regular working time, he may not be scheduled to work on the preceding Saturday.Section 102(1)Public holidays are 1 January, 15 March, Easter Monday, 1 May, Whit Monday, 20 August, 23 October, 1 November and 25-26 December.(2)Regular working time may be scheduled for public holidays in the cases defined in Paragraphs a)-c), g)-h)of Subsection(1)of Section 101.(3)An employer shall be considered to operate on public holidays by the nature of its business or a specific job shall be approved to operate or to be carried out on public holidays: a)if the service provided is required on that particular day by way of local tradition or commonly accepted social custom directly connected to the public holiday;or b)if provided in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health, the environment or property.(4)The provisions pertaining to scheduling work on public holidays shall apply if the public holiday falls on a Sunday, or on Easter Sunday or on Whit Sunday.(5)The minister in charge of employment and labor is hereby authorized to decree the conditions for changes in the work schedule of employees working in standard working arrangement each yearas required to accommodate the public holidays of that year.In this process no Sunday may be declared a working day, and the change implemented shall fall within the same calendar month.52.Rest breaks
Section 103(1)If the scheduled daily working time or the duration of overtime work performed under Paragraph a)of Section 107: a)exceeds six hours, twenty minutes of break-time shall be provided;b)exceeds nine hours, and additional twenty-five minutes of break-time shall be provided.(2)The duration of overtime work performed under Paragraph a)of Section 107 shall be included in the scheduled daily working time.(3)The break-time provided to employees by agreement of the parties or in the collective agreement may not exceed sixty minutes.(4)During the break-time work must be interrupted.(5)The break-time shall be provided after not less than three and before not more then six hours of work.(6)The employer shall be entitled to schedule break-times in several lots.In this case derogation from Subsection(5)is allowed, however, the duration of the break provided within the timeframe referred to in Subsection(5)must be at least twenty minutes.53.Daily rest period
Section 104(1)Employees shall be afforded at least eleven hours of uninterrupted rest period after the conclusion of daily work and before the beginning of the next day‟s work(daily rest period).(2)At least eight hours of daily rest shall be provided to employees working: a)split shifts;b)continuous shifts;c)multiple shifts;d)in seasonal jobs;e)in stand-by jobs.(3)The daily rest period shall be at least seven hours if it falls on the date of switching to summer time.(4)After an inactive stand-by period the employee shall not be entitled to any rest period.54.Weekly rest day
Section 105(1)Workers shall be entitled to two rest days in a given week(weekly rest day).(2)In the case of an irregular work schedule the weekly rest days may be scheduled irregularly as well.(3)In the application of Subsection(2), after six days of work one rest day shall be allocated in a given week, with the exception of employees working in continuous shifts, shift work or in seasonal jobs.(4)With the exception set out in Paragraph f)of Subsection(1)of Section 101, workers shall be allocated at least one weekly rest day in a given month on a Sunday.55.Weekly rest period
Section 106(1)In lieu of weekly rest days, each week workers shall be given at least forty-eight hours of uninterrupted weekly rest period.(2)With the exception set out in Paragraph f)of Subsection(1)of Section 101, the weekly rest period of workers shall be allocated at least once in a given month on a Sunday.(3)In the case of an irregular work schedule, in lieu of the weekly rest period specified in Subsection(1)workers may be allocatedthe uninterrupted weekly rest period comprising at least forty hours in a week and covering one calendar day.Workers shall be provided at least forty-eight hours of weekly rest period as an average of working time banking or the payroll period.56.Overtime hours
Section 107 „Overtime work‟ shall mean work performed: a)outside regular working hours;b)over and above the hours covered within the framework of working time banking;c)over and above the weekly working time covered by the payroll period, where applicable;and d)the duration of on-call duty.Section 108(1)At the employee‟s request overtime work shall be ordered in writing.(2)Overtime work may be ordered without limitation in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health or the environment.(3)Overtime work on public holidays may be ordered: a)if the employee can otherwise be required to work on such day;or b)in the case defined in Subsection(2)hereof.Section 109(1)In connection with full-time jobs, two hundred and fifty hours of overtime work can be ordered in a given calendar year.(2)The provisions set out in Subsection(1)shall be applied proportionately: a)if the employment relationship commenced during the year;b)in the case of fixed-term employment relationships;c)in connection with part-time jobs.57.On-call and stand-by duty
Section 110(1)An employee may be required to stand by and remain available beyond the regular daily working hours scheduled.(2)Standing by for a period of over four hours may be ordered: a)in the interest of the uninterrupted provision of basic services for the general public;b)in the interest of the prevention or mitigation of any imminent danger of accident, natural disaster or serious damage or of any danger to health or the environment;and c)for the proper maintenance and safe operation of technological equipment.(3)When on stand-by duty, the employee shall be obliged to remain in a condition suitable for work and perform work as instructed by the employer.(4)The employer shall be entitled to designate the place where the employee is required to be available(be on-call)other than that the employee shall choose the place where he is to remain so as to be able to report for work without delay when so instructed by the employer(stand-by).(5)Subsection(1)of Section 108 shall apply to ordering stand-by duty as well.(6)The duration of availability shall be made known at least one week in advance, for the upcoming month.The employer shall be entitled to derogate from this provision under Subsection(5)of Section 97.Section 111 The duration of on-call duty may not exceed twenty-four hours, covering also the duration of scheduled daily working time and overtime work on the first day of on-call duty.Section 112(1)The duration of stand-by duty may not exceed one hundred and sixty-eight hours, which shall be taken as the average in the event that banking of working time is used.(2)The employee may be ordered to stand by not more than four times a month if it covers the weekly rest day(weekly rest period).58.Specific provisions relating to certain categories of workers
Section 113(1)The provisions on working time and rest periods shall apply subject to the exceptions set out in Subsections(2)-(4): a)from the time the employee‟s pregnancy is diagnosed until her child reaches three years of age;b)until the child reaches three years of age, if a single parent;c)for any employee who works under conditions which may be harmful to his health as defined by the relevant employment regulations.(2)In the cases referred to in Subsection(1): a)an irregular work schedule may be used only upon the employee‟s consent;b)weekly rest days may not be allocated irregularly;c)overtime work or stand-by duty cannot be ordered.(3)The workers mentioned in Paragraphs a)-b)of Subsection(1)may not be ordered to work in night shifts.(4)The scheduled daily working time of workers employed under conditions set out in Paragraph c)of Subsection(1)shall not exceed eight hours in respect of night work.(5)Subject to the exception set out in Subsection(2)of Section 108, an employee caring for his/her child as a single parent may be required to work overtime or in stand-by duty only with his/her consent as from the time his/her child reaches three years of age up to the time when the child reaches four years of age.Section 114(1)Young workers may not be ordered to work at night and may not be ordered to work overtime.(2)The daily working time of young workers is limited at eight hours, and the number of working hours performed under different employment relationships shall be added up.(3)As regards young workers: a)the maximum duration of working time banking is one week;
b)if the scheduled daily working time is over four and a half hours or six hours, the break-time provided shall be at least thirty minutes or forty-five minutes, respectively;c)the daily rest period allocated shall be at least twelve hours.(4)In the case of young workers Subsection(2)of Section 105 and Subsection(3)of Section 106 shall not apply.59.Vacation
Section 115(1)Workers are entitled to paid annual leave based on the time spent at work, comprising vested vacation time and extra vacation time.(2)In the application of Subsection(1), time spent at work shall include: a)any duration of exemption from work as scheduled;b)any duration of paid leave;c)any duration of maternity leave;d)the first six months of leave of absence without pay for caring for a child(Section 128);e)any duration of incapacity up to thirty days per calendar year;f)any duration of leave of absence without pay taken up to three months for the purpose of actual reserve military service;g)the duration of exemption from work specified in Paragraphs b)-k)of Subsection(1)of Section 55.Section 116 The amount of vested vacation time shall be twenty working days.Section 117(1)Workers shall be entitled to extra vacation time as follows: a)one working day over the age of twenty-five;b)two working days over the age of twenty-eight;c)three working days over the age of thirty-one;d)four working days over the age of thirty-three;e)five working days over the age of thirty-five;f)six working days over the age of thirty-seven;g)seven working days over the age of thirty-nine;h)eight working days over the age of forty-one;i)nine working days over the age of forty-three;j)ten working days over the age of forty-five.(2)Employees shall be first entitled to extra vacation time in the year when reaching the age specified in Subsection(1)above.Section 118(1)Workers shall be entitled to extra vacation time as follows: a)two working days for one child;b)four working days for two children;c)a total of seven working days for more than two children under sixteen years of age.(2)The extra vacation time referred to in Subsection(1)shall be increased for children with disabilities by two working days per child.(3)For the purposes of entitlement to extra vacation time, a child shall first be taken into consideration in the year of his birth and for the last time in the year in which he/she reaches the age of sixteen.(4)Upon the birth of his child, a father shall be entitled to five days of extra vacation time, or seven working days in the case of twins, until the end of the second month from the date of birth, which shall be allocated on the days requested by the father.Such leave shall be provided also if the child is stillborn or dies.Section 119(1)Young workers shall be entitled to five extra days of vacation time each year.The last time such benefit applies shall be the year when the young workers reaches eighteen years of age.(2)Employees permanently working underground or spending at least three hours a day on a job exposed to ionizing radiation shall be entitled to five extra working days of vacation each year.Section 120 Employees having suffered a degree of health impairment of at least fifty per cent as diagnosed by the body of rehabilitation experts shall be entitled to five working days of extra vacation time a year.Section 121(1)An employee, whose employment relationship was concluded or terminated during the year, shall be entitled to a commensurate portion of vacation time for such year.(2)Any fraction of a day that comes to half a day shall count as a full working day.60.Allocation of vacation time
Section 122(1)Vacation time shall be scheduled by the employer upon hearing the employee.(2)With the exception of the first three months of the employment relationship, employers shall allocate seven working days of the vested vacation time in a given year in not more than two parts, at the time requested by the employees, to which the provisions of Section 121 shall apply.The employee shall notify the employer of such request at least fifteen days in advance.(3)Unless otherwise agreed, vacation shall be allocated to contain at least fourteen consecutive days at a time.(4)Employees shall be notified of the scheduled date of their vacation time no later than fifteen days before the first day of vacation.(5)With the exception set out in Section 125, vacation time shall not be financially compensated.Section 123(1)Vacation time shall be allocated in the year in which it is due.(2)If the employment relationship commenced on the first of October or subsequently, the employer shall be entitled to allocate vacation time by 31 March of the next year.(3)If vacation time could not be allocated as under Subsection(1)for reasons within the employee‟s control, it shall be allocated within sixty days after the cause is remedied.(4)Vacation time shall be considered allocated during the year when it is due, provided that it begins during that year and the portion allocated in the following year does not exceed five working days.(5)In the event of economic reasons of particular importance or any direct and consequential reason arising in connection with its operations, the employer: a)may amend the date of vacation previously agreed upon;b)may recall the employee from vacation;c)may allocate one-fourth of the employee‟s vacation time by 31 March of the following year if so stipulated in the collective agreement.(6)By agreement of the parties, the employer shall be entitled to allocate one-third of the vacation time specified in Sections 116-117 by the end of the year following the year when due.(7)Employers shall reimburse the employees for any damages and/or expenses incurred in connection with the modification or interruption of vacation.In the case referred to in Paragraph b)of Subsection(5), the time spent by traveling from the place of stay during the vacation to the place of employment, or the return trip and the time spent working shall not be included in the vacation time.Section 124(1)Vacation time shall be allocated according to the working days stipulated in the work schedule.(2)If the work scheduled differs from the daily working time, in the allocation of vacation time the employee shall be relieved from work for the duration scheduled, and the vacation time allocated shall be accounted and recorded in the same amount of hours.(3)In the absence of a work schedule, the vacation shall be allocated based on the standard work pattern and on daily working time.Section 125 Upon termination of the employment relationship, compensation shall be provided for any vacation time not previously allocated as due.61.Sick leave
Section 126(1)Employees shall be entitled to fifteen working days of sick leave per calendar year for the duration of time during which the employee is incapacitated to work.(2)By way of derogation from Subsection(1), sick leave shall not be available in connection with any duration of being unfit for work due to accidents at work and occupational diseases as specified by social insurance provisions, and to pregnancy with possible delivery problems.(3)In respect of employment relationships beginning during the year, employees shall be entitled to sick leave as commensurate for the remaining part of the year.(4)The provisions of Section 124 shall apply in connection with sick leave, with the exception that if the employee is not required to work on public holidays, such days shall be treated as working days.(5)The provision of Subsection(2)of Section 121 shall also apply to sick leave.62.Maternity leave, leave of absence without pay
Section 127(1)Mothers shall be entitled to twenty-four weeks of maternity leave.(2)Maternity leave shall also be provided to a woman who has been given custody of a child for the purpose of adoption.(3)In the absence of an agreement to the contrary, maternity leave shall be allocated so as to commence four weeks prior to the expected time of birth.(4)If the child receives treatment in an institute for premature infants, the unused portion of the maternity leave may be used after the child has been released from the institute up to the end of the first year following birth.(5)The duration of maternity leave, except where entitlement is specifically connected to work, shall be recognized as time spent at work.Section 128 Employees shall be entitled to unpaid leave at the times requested by the worker for the purpose of taking care of his/her child, until the child reaches the age of three.Section 129(1)The periods of leave referred to in Sections 127-128 shall end: a)if the child is stillborn;b)if the child dies, on the fifteenth day following death;c)on the day following placement of the childinto temporary custody, temporary or permanent foster care, or in a social institution with room and board for over thirty days.(2)In the cases described in Subsection(1), the period of leave shall be no less than six weeks from the date of birth.Section 130 In addition to what is contained in Section 128, employees shall be entitled to unpaid leave for providing care for a child in person until the child reaches the age of ten, during the period of receiving child-care allowance.Section 131(1)Employees shall be entitled to unpaid leave for providing care for a relative in person for any extended period(foreseeably more than thirty days), for the duration of care, in any case for up to two years.(2)Extended care and its justification shall be certified by the physician of the person in need of care.Section 132 Employees shall be entitled to unpaid leave for the duration of actual reserve military service.Section 133(1)Employees shall convey the request for leave of absence without pay in writing, at least fifteen days in advance.(2)The leave of absence without pay shall end at the time the employee has indicated, or at the earliest on the thirtieth day from the date of delivery of the legal act for the termination of leave.(3)The provisions of Subsections(1)-(2)concerning time limits shall not apply to the unpaid leave defined in Section 132.63.Records of working time and rest periods
Section 134(1)Employers shall keep records of: a)the durations of regular working time and overtime;b)the durations of stand-by duty;c)periods of leave.(2)The records aforementioned shall be updated regularly and shall contain facilities to identify the time of commencement and ending of any regular and overtime work and stand-by duty.(3)By way of derogation from Subsection(2), the records referred to in Paragraph a)of Subsection(1)may be maintained in the form of verifying the work schedule made out in writing at the end of the month, updated on a daily basis.(4)Employers shall keep records of the agreements made under: a)Subsection(2)of Section 92;b)Subsection(3)of Section 99;c)Subsection(4)of Section 135.64.Entire agreement
Section 135(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Subsection(5)of Section 122;
c)from Subsections(1)-(2)and(4)of Section 127;c)from Section 134.(2)In the collective agreement any derogation: a)from Sections 86-93;b)from Section 95;c)from Subsections(2)-(3)of Section 96;d)from Subsection(1)of Section 97;e)from Section 99;f)from Sections 101-108;g)from Subsection(2)of Section 109;h)from Section 111;
i)from Sections 113-121;j)from Sections 124-126;k)from Subsection(5)of Section 127;l)from Sections 128-133 is allowed only to the benefit of workers.(3)The amount of overtime that may be ordered based on the collective agreement is limited at three hundred hours in a given year.(4)The agreements of parties may derogate from the provisions contained in Subsection(2)of Section 99 and collective agreements may derogate from Sections 101-109 with respect to: a)employees working as navigators, flight attendants and aviation engineers or engaged in providing ground handling services to passengers and aircraft, and participating in or providing direct support for navigation services;b)employees working in travel-intensive jobs in the domestic or international carriage of passengers and goods by road;c)carriers and traffic controllers working in a local public transportation system for the carriage of passengers or in a scheduled intercity transportation system inside a fifty-kilometer radius;d)traveling workers and traffic controllers working in the carriage of passengers by rail and in the carriage of goods by rail;e)employees working in harbors.(5)The agreements referred to in Subsection(4)may be concluded on condition that: a)the scheduled daily working time exceeds the time periods defined in Subsection(2)of Section 99 by not more than twelve hours;b)the agreement may be terminated by the employee with fifteen days notice effective as of the last day of the calendar month, or the last day of the working time banking arrangement if applicable.(6)The working time of the employees specified under Subsection(4)may be split up according to the collective agreement.Chapter XII
Remuneration for Work
65.Base wage
Section 136(1)The base wage must be at least the mandatory minimum wage.(2)The base wage shall be specified on a time basis.(3)In determining the base wage for one hour of the basic monthly salary, the amount of the basic monthly salary shall be divided: a)by one hundred and seventy-four hours in the case of regular daily working time;b)by the commensurate part of one hundred and seventy-four hours in the case of irregular daily working time and part-time work.Section 137(1)Employers may establish wages on a time or performance basis, or by a combination of the two.(2)Performance-based wage means where wages are paid on the basis of performance-related requirements specified for each worker separately in advance.(3)Wages in the form of performance-based wages exclusively may be established only if so agreed in the employment contract.This also applies where wages are paid on a time and performance basis combined, if the time rate is lower than the base wage.Section 138(1)If wages are paid on the basis of performance, performance requirements shall be determined by the employer on the basis of preliminary and objective surveys and calculations covering the potential to perform one hundred per cent of such requirements during regular working hours.(2)Performance requirements are to be established, and employee groups under the same performance requirements are to be determined in a manner consistent with the employer‟s operating conditions, such as the objective requirements relating to the performance of work, work organization and the technology employed.(3)In the event of any dispute concerning performance requirements, the burden of proof to verify that the procedure did not violate the provisions laid down in Subsections(1)-(2)lies with the employer.(4)The employees concerned shall be given written notice of performance requirements and performance-based wage factors in advance.(5)The performance factors for full-time employees shall be established so that the wages payable upon one hundred percent fulfillment of the normative performance requirement and upon the completion of the full working time shall amount to at least the mandatory minimum wage.(6)In the case of employees whose wages are paid on the basis of performance only, a guaranteed salary is to be paid of an amount up to at least half of the base wage.66.Wage supplement
Section 139(1)A wage supplement is paid to employees in addition to their wages for regular working time.(2)Unless otherwise agreed, the amount of wage supplement is calculated based on the employee‟s base wage.Section 140(1)The employees referred to in Paragraphs d)-e)and i)of Subsection(1)of Section 101, if required to work Sundays in regular working time, shall be entitled to a fifty per cent wage supplement.(2)Employees required to work on public holidays in regular working time shall be entitled to a one hundred per cent wage supplement.(3)The wage supplement under Subsection(2)shall be paid for working on Easter Sunday or on Whit Sunday, or on public holidays falling on Sundays.Section 141(1)If the beginning of the scheduled daily working time of employees changes frequently, for work performed between eighteen hours(18:00)and six hours(6:00)a thirty per cent wage supplement(special payment for shift work)shall be paid.(2)For the purposes of Subsection(1), changes shall be considered frequent ifthe beginning of the scheduled daily working time differs for at least one-third of all working days, and if the earliest and the latest start time are at least four hours apart.Section 142 Employeesshall be entitled to a fifteen per cent wage supplement for night work, provided that it exceeds one hour.Section 143(1)In accordance with the relevant employment regulations or by agreement of the parties, employees shall be entitled to a fifty per cent wage supplement or to time off: a)for overtime work performed in addition to the daily working time shown in the work schedule;b)for work performed within the framework of working time banking;or c)for work performed above and beyond the payroll period.(2)The duration of time off may not be less than the overtime work ordered or the work performed, and shall be remunerated by a commensurate part of the base wage.(3)Where overtime work is ordered on the scheduled weekly rest day(weekly rest period), a one hundred per cent wage supplement shall be paid.The wage supplement shall be fifty per cent if the employer provides another weekly rest day(weekly rest period).(4)Where overtime work is ordered on a public holiday, the employee shall be entitled to a wage supplement as under Subsection(3).(5)The time off or the weekly rest day(weekly rest period)mentioned in Subsection(3)shall be allocated at the latest during the month following the month when the overtime work was performed, or by the end of the banking of working time or the payroll period in the case of an irregular work schedule.In connection with work performed in derogation of the above, or over and above the relevant working time banking arrangement, the time off shall be provided at latest by the end of the next working time banking cycle.(6)By agreement of the parties, time off shall be provided at latest by 31 December of the following year.Section 144(1)For stand-by duty and on-call duty, a twenty per cent and forty per cent wage supplement shall be paid, respectively.(2)In connection with work performed a wage supplement shall be paid in accordance with Sections 139-143.(3)In connection with on-call duty, if the work performed cannot be measured a fifty per cent wage supplement shall be paid by way of derogation from Subsections(1)-(2).Section 145(1)By agreement of the parties, the base wage may include the wage supplements referred to in Sections 140-142 as well.(2)In the employment contract the parties, a)in lieu of wage supplement;b)in the case of stand-by and on-call duty;may stipulate a fixed monthly payment covering regular wages and wage supplements as well.67.Payments for periods of absence
Section 146(1)In the event of the employer‟s inability to provide employment as contracted during the scheduled working time(downtime), the employee shall be entitled to his base wage, unless it is due to unavoidable external reasons.(2)If the employee is exempted from work under the employee‟s consent, remuneration for such lost time shall be paid on the basis of their agreement.(3)The employee shall be entitled to absentee pay: a)for the duration of leave;b)in the cases referred to in Paragraphs c)-g)of Subsection(1)of Section 55 and in Subsection(2)of Section 55;c)in the case referred to in Paragraph i)of Subsection(1)of Section 55, if heard as a witness;d)if wages are paid on a time or performance basis for the daily working time, if working time is reduced on account of a public holiday falling on a regular working day;e)where payment for periods of absence is prescribed by the relevant employment regulations without specifying the actual amount of such payment.(4)For the duration of sick leave seventy per cent of the absentee pay shall be paid.Section 147(1)In addition to the payments defined in Subsections(1)and(3)of Section 146, an employee shall be entitled to a wage supplement as well if he would otherwise have been due for a wage supplement based on the work schedule for the time when exempted from work.(2)In the case referred to in Subsection(1), the employee shall be entitled to a commensurate wage supplement when on sick leave.68.Calculation of absentee pay
Section 148(1)The amount of absentee pay shall be calculated based on the base wage in effect at the time when due, and on the performance-based wage and wage supplement paid for the last six calendar months(relevant period).(2)The payments for periods of absence to which the employee is entitled shall not be taken into consideration for the purpose of calculating the absentee pay.(3)In determining the amount of daily or monthly absentee pay, the absentee pay payable for one hour shall be multiplied by the daily working time, or as specified in Subsection(3)of Section 136, except where Section 149 applies.(4)In determining the amount of absentee pay, the sums calculated according to Sections 149-151 shall be applied on the aggregate.Section 149(1)In the case of monthly salary: a)in determining the amount of hourly absentee pay, the provisions of Subsection(3)of Section 136 shall apply;b)absentee pay for one day shall be established by multiplying the hourly absentee pay by the daily working time;c)the amount of absentee pay for a month shall be the same as the base wage.(2)In the case of hourly wages: a)the amount of absentee pay for an hour shall be the same as the hourly wage;b)absentee pay for one day shall be established by multiplying the hourly wage by the daily working time;
c)in determining the amount of absentee pay for a month, the hourly wage shall be multiplied according to Subsection(3)of Section 136.Section 150(1)In determining the amount of absentee pay, the performance-based wage paid under Subsection(3)of Section 137 shall be taken into account.(2)The performance-based wage shall be taken into consideration as commensurate for the relevant period, irrespective of the date of payment.(3)As regards the employees whose income consists of performance-based wage only, the base wage shall not apply when calculating the amount of absentee pay.(4)In determining the absentee pay for one hour, the performance-based wage due for regular working time during the relevant period shall be divided by the number of hours worked in regular working time during the relevant period, for which the performance-based wage was paid(divider).Section 151(1)In determining the absentee pay, if the employee was not scheduled to work under the duration of being exempted from work, the wage supplement specified in Sections 141-142 and in Subsection(1)of Section 144 shall be taken into consideration in accordance with Subsections(2)-(3).(2)A shift premium and a night shift supplement shall be taken into account when determining the amount of absentee pay if the employee was working during at least thirty per cent of the scheduled working time within the relevant period during hours when shift premium or night shift supplement is normally paid.(3)A wage supplement paid for on-call and stand-by duty shall be taken into account when determining the amount of absentee pay if the employer ordered the employee to work on-call and stand-by duty during the relevant period covering at least ninety-six hours in a month on average.(4)In determining the absentee pay for one hour, the absentee pay due for the relevant period shall be divided by the number of hours worked in regular working time during the relevant period, for which the wage supplement was paid(divider).(5)If the employer established a fixed-sum payment specified in Section 145 for the employee in lieu of the wage supplements referred to in Subsection(1), the amount of the fixed monthly payment shall be divided by the number of hours worked in regular working time during the relevant period(divider).Section 152(1)In determining the absentee pay, if no wages had been paid during the relevant period, the base wage shall be taken into account.(2)If the employment relationship was concluded less than six months ago, for the purposes of calculating the absentee pay the calendar months or month shall be recognized as the relevant period.In the absence of a full calendar month, the base wage or the monthly fixed payment shall be taken into account.69.Mandatory minimum wage, guaranteed wage minimum
Section 153(1)The Government is hereby authorized to determine the amount and scope of: a)the mandatory minimum wage, and b)the guaranteed wage minimum, following consultations in the Nemzeti Gazdasági és Társadalmi Tanács(National Economic and Social Council)by means of a decree.(2)The mandatory minimum wage specified by the Government for certain groups of employees may differ.(3)The amount and scope of the mandatory minimum wage shall, in particular, be determined based on the requirements prescribed for specific occupations, the indicators of the national labor market, the status of the national economy, and the unique requirements of certain economic sectors and geographical areas in terms of workforce.(4)The amount of the mandatory minimum wage shall be reviewed each calendar year.(5)The Government is hereby authorized to decreethe expected level of pay increases deemed necessary to preserve the net value of wages below 300,000 forints gross, and the level of non-wage benefits that can be taken into consideration within that framework, and the detailed rules relating to the expected level of pay increases.70.Protection of wages
Section 154(1)With the exception of work performed abroad and unless otherwise prescribed by the relevant legislation, all wages shall be established and paid in forints.(2)Wages may not be paid by means of vouchers or any other means of substitute payment instruments.Section 155(1)In the absence of an agreement to the contrary, the wages of employees shall be retrospectively accounted at least once a month.(2)The payroll statement of wages paid shall be made available in writing by the tenth day of the following month.(3)The payroll statement referred to in Subsection(2)shall have facilities to allow the employee to check the authenticity of calculations, as well as the grounds and sums of deductions.(4)The employee affected shall be informed by the twentieth of the following month if the payroll statement of wages for the given month needs to be revised due to reasons arising after the statement was completed.At the same time, the wages owed shall be paid out if the amount the employee originally received was less than the amount shown in the revised payroll statement.If, according to the revised payroll statement, the amount originally paid out was higher than the amount that is in fact due to the employee, the employer may deduct the excess sum in accordance with the provisions on debts from repayable advances.Section 156(1)In the case of an irregular work schedule and if wages are paid by the hour, the employer shall account and pay the employee‟s wages in accordance with Subsection(3)of Section 136, unless there is an agreement to the contrary.(2)Upon expiry of the working time banking arrangement, the employee‟s wages shall be calculated based on the standard work pattern and the daily working time, and on the time actually worked.(3)Within twenty days following expiry of the working time banking arrangement, if the employee was underpaid compared to the amount of wages calculated as under Subsection(2), the difference shall be paid out.(4)The provisions on debts from repayable advances shall apply if the employee was overpaid compared to the amount of wages calculated as under Subsection(2).Section 157(1)Wages shall be paid by the tenth of the month following the month to which it pertains.(2)In the case of workers whose wages are paid on the basis of performance only, if the result serving as a basis for the employee‟s wages, in full or in part, can only be established after a period of more than one month, it shall be paid at the time as appropriate.An advance shall be paid at least monthly, amounting to half of the base wage.Section 158(1)Wages shall be paid in cash, or by way of transfer to the payment account the employee has indicated.(2)If wages are paid by way of transfer to the employee‟s payment account, the employer shall ascertain that the employee shall have access to his wages on payday.(3)Payment of wages may not invoke any cost on the employees‟ part, except if the transfer is made to a payment account opened at a payment service provider that is established or has a branch in a state other than Hungary.(4)Wages shall be paid to the employee or his authorized representative, except if the employee‟s access is restricted by a court ruling or by resolution of the relevant authority.Section 159(1)If wages are paid in cash, the exceptions set out in Subsections(2)-(6)shall be observed, unless there is an agreement to the contrary.(2)If payday falls on a weekly rest day(weekly rest period)or a public holiday, the wages shall be paid at the latest on the last preceding working day.(3)If an employee is not at his place of employment for justified reasons on payday, his wages shall be paid on the last preceding working day spent at such place, or shall be sent to his place of residence at the employer‟s expense.(4)The employer shall pay at latest on the working day preceding the date when vacation commences: a)the wages due on a payday falling within the time of the vacation;and b)the wages payable for the time of leave.(5)If employment was terminated prior to payday, the employer shall forward the wages to the address indicated by the employee.The costs thereof shall be borne by the employer.(6)Wages shall be paid at the employee‟s place of employment or at the employer‟s main offices during working time.In places of entertainment wages shall only be paid to the persons working therein.Section 160 In the event of any delay, interest for late payment shall be paid from the date of default as calculated by the central bank base rate in effect on the last day preceding the calendar half-year to which it pertains.Section 161(1)Deductions from wages shall only be made on the basis of the relevant legislation, oron an enforcement order.(2)Employers may deduct their claims from wages: a)up to the deduction-free part of the wages based on the employee‟s consent;or b)if it originates from the provision of an advance.(3)It is forbidden to implement a wage deduction which benefits the employer, his representative or a mediator in exchange for establishing or sustaining the employee‟s employment relationship.Section 162 No set-off is permitted in relation to deduction-free wages.Section 163(1)The employee may not waive his claim to his wages by way of a unilateral act.(2)The deduction-free part of the wages shall not be assigned.Section 164 Any wages paid without legal grounds may be reclaimed after sixty days if the employee should have recognized, or has himself caused, the unsubstantiated nature of the payment.71.Entire agreement
Section 165(1)In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Section 136;
b)from Subsection(3)of Section 137;c)from Subsections(1)-(5)of Section 138;d)from Subsection(1)of Section 139;e)from Section 154;
f)from Subsections(5)-(6)of Section 159;g)from Sections 161-163.(2)In the collective agreement derogations: a)from Subsection(6)of Section 138;b)from Section 160;c)from Section 164;
are allowed only to the benefit of workers.Chapter XIII
Employer‟s Liability for Damages 72.Liability for damages caused
Section 166(1)The employer shall be liable to provide compensation for damages caused in connection with an employment relationship.(2)The employee shall be relieved of liability if able to prove: a)that the damage occurred in consequence of unforeseen circumstances beyond his control, and there had been no reasonable cause to take action for preventing or mitigating the damage;or b)that the damage was caused solely by the unavoidable conduct of the aggrieved party.(3)Where the worker is employed by another employer under Section 53, the liability of the employers shall be joint and several.Section 167(1)The employer shall compensate the employee for all his losses in full.No compensation is required if the employer is able to verify that the occurrence of such loss could not have been anticipated.(2)No liability shall apply to the portion of the damage resulting from the employee‟s wrongful conduct or that was incurred due to the employee‟s failure to perform his obligations in relation to the mitigation of damage.(3)The court, under special and equitable circumstances, may grant partial exemption from liability to the employer held liable for damages, upon weighing the financial standing of the parties, the gravity of the infringement and the consequences of providing compensation.Section 168(1)Employers shall be subject to liability in accordance with Sections 166-167 for damages caused to objects and things of the employees brought along to the place of employment.(2)Employers may require things brought to the workplace to be deposited in a safe place or to have them reported.Articles which are not essential for the commute to and from work, or for the work itself may be carried into the workplace upon the employer‟s consent.In the event of breaching these rules the employer shall be held liable for damages only if caused willfully.73.Extent and mode of compensation for damage
Section 169(1)For the purposes of determining loss of income from employment, the lost wages and the cash value of the regular benefits for which the employee is entitled on the basis of the employment relationship in addition to his wages shall be taken into consideration, provided that such were regularly received prior to the occurrence of the damages.(2)Other regular earnings and legitimate income lost due to the grievance shall be compensated for as income lost from gainful activities other than employment.(3)Damages prevented by the employee by extraordinary work performance in spite of his severe handicap originating from the grievance shall also be compensated.(4)No liability shall apply for the value of benefits that, by nature, are only provided in connection with work, and for any expense reimbursements.Section 170(1)The value of in kind benefits and the amount of damage to property shall be determined by the retail prices in effect at the time the damage liability is established.(2)Depreciation shall also be included in the valuation of damage to property.If the damage to property can be repaired without any loss of value, only the repair cost shall be assessed for the amount of damages.Section 171(1)Employers shall also be liable for reimbursing the relatives of employees for any damages incurred in connection with the incidence of damage.(2)In the event of the employee‟s death in connection with the incidence of damage, the dependent relative of such employee may demand compensation in substitution for the lost support, in addition to what is contained in Subsection(1), in the amount required to ensure his/her previous living standards, also taking into account of his/her factual or presumably achievable wages or income.Section 172 The following shall be deducted from the amount of compensation: a)benefits provided under the social security system or by a voluntary mutual insurance fund;b)the income in fact earned by the employee, or which could have been earned in the given situation within reason;c)the profit earned by the employee(his relatives)through the utilization of the damaged property;d)the benefit gained by the beneficiary as a result of expenses saved in consequence of the occurrence of the damage.Section 173(1)Compensation may be provided in the form of regular payments as well.Regular payments shall, on general principle, be awarded if the compensation is intended to be used for the support of the employee or his relative eligible thereto, or as a supplement to such support.(2)If the amount of damage, in part or in full, cannot be precisely calculated, the employer shall be liable to pay a general compensation in the amount as is appropriate to provide full indemnification to the aggrieved party.General compensation may also be awarded in the form of regular payments.Section 174(1)In the event of any material changes in the circumstances subsequent to the award of damages, both the aggrieved party and the employer, and the insurance companyif this cannot be determinedfurthermorewithout explanationunless the employee failed to attend in spite of being duly notifiedif the expenses actually incurred cannot be determinedfor the duration of the agreementin part or in whole-to act as the director‟s deputy(hereinafter referred to collectively as “executive employee”).(2)Employment contracts may invoke the provisions on executive employees if the employee is in a position considered to be of considerable importance from the point of view of the employer‟s operations, or fills a post of trust, and his salary reaches seven times the mandatory minimum wage [Paragraph a)of Subsection(1)of Section 153].Section 209(1)The employment contract of executive employees may derogate from the provisions of Part Two of this Act, save where Subsection(2)applies.(2)Collective agreements shall not apply to executive employees.(3)Executive employees shall work under flexible arrangements.(4)Executive employees shall be subject to full liability for damages caused by negligence.(5)By way of derogation from Subsections(1)-(2)of Section 84, the executive employee, if having terminated his employment relationship unlawfully, shall be liable to pay compensation in the sum of absentee pay due for twelve months.Section 210(1)When employment is terminated by the employer, the following shall not apply: a)Paragraph c)of Subsection(3)of Section 65;b)Subsections(1)-(6)of Section 66;and c)Subsection(2)of Section 68.(2)The right of termination without notice of an executive employee may be exercised within three years of the occurrence of the cause serving grounds therefor, or in the event of a criminal offense up to the statute of limitation.(3)The employer shall be liable to pay up to six months‟ absentee pay due to the executive employee from the remuneration payable upon termination of his employment, if the notice of termination is delivered after the opening of bankruptcy or liquidation proceedings.Any additional sum shall be payable upon the conclusion or termination of bankruptcy proceedings, or upon the conclusion of liquidation proceedings.Section 211(1)Executive employees may not enter into additional employment-related relationships.(2)Executive employees: a)shall not acquire shares, with the exception of the acquisition of stocks in a public limited company, in a business association which is engaged in the same or similar activities or that maintains regular economic ties with their employer;
b)shall not conclude any transactions falling within the scope of the employer‟s activities in their own name or on their own behalf;and
c)shall report if a relative has become a member of a business association which is engaged in the same or similar activities or that maintains regular economic ties with the employer, or has established an employment-related relationship for an executive office with an employer engaged in such activities.92.Incapacitated workers
Section 212(1)Incapacitated workers may conclude employment relationships only for jobs which they are capable to handle on a stable and continuous basis in the light of their medical condition.(2)The functions of the employee‟s job shall be determined by definition of the related responsibilities in detail.The employee‟s medical examination shall cover the employee‟s ability to handle the functions of the job.(3)The employee‟s work shall be supervised continuously so as to ensure that the requirements of occupational safety and health are satisfied.(4)The provisions of Chapter XIV shall not apply to such employees;furthermore, the provisions pertaining to young workers shall apply.93.Entire agreement
Section 213 In the agreement of the parties or in the collective agreement no derogation is allowed: a)from Section 192;
b)from Subsections(2)-(3)and(5)of Section 195;c)from Section 196;
d)from Subsection(3)of Section 197;e)from Section 198;
f)from Sections 200-207;g)from Section 212.Chapter XVI
第五篇：匈牙利社会保障制度..（推荐）
匈牙利社会保障制度改革对我国的启示
首先我来介绍下匈牙利的一些情况,匈牙利的经济转型与养老体制改革
匈牙利是一个经济转型国家。急进式的“休克疗法”不仅对匈牙利社会经济带来了巨大冲击，而且对人口发展产生了重大影响。在1989年转制之前，匈牙利总人口一直呈增长态势，但此后却呈现下降态势，从1990年1037.5万人下降到2006年的998万人。在经济增长不振的同时，匈牙利也面临着人口老龄化问题。目前，匈牙利人口老龄化水平为15.2%。根据预测，到2050年，匈牙利人口老龄化水平将达到29.0%，相当于每三个人口中就有将近一个老年人。
在计划经济时期，匈牙利建立了惠及全民的养老保险和免费医疗保险。社会保障支出直接纳入国家财政预算，由国家财政负担。转型初期，依然维持传统模式，但由于经济衰退、失业加剧和老年人口比例上升等问题，社会保障支出急剧膨胀。在这种情况下，匈牙利从1996年开始，对原有的社会保障体制着手改革，试图建立一套适应于市场经济的三支柱养老保险体系。
其中，第一支柱为强制性的、由国家管理的、现收现付性的基础养老保险。雇主缴纳雇员总工资额的20%，雇员缴纳自己工资的8%（后将雇主缴纳的20%降低到18%，将雇员的8%增加到10%）。第二支柱为自愿性的、私人管理的养老基金，采取个人储蓄账户或职业年金计划两种形式。第三支柱为自愿的职业年金或个人储蓄计划，主要由商业性养老保险组成。1997年，匈牙利国会通过立法，将第二支柱改为强制性养老金，交由私营养老基金管理公司管理，并决定从1998年1月1日起实施。第二支柱由个人缴费的6%建立完全积累的个人账户，由私有养老保险基金会进行管理并支付年金。
在管理主体上，第一支柱以财政部为主监督、审核。财政部负责做出征收目标计划，税务部门在征收个人所得税时同时征收养老保险费。养老保险局负责信息管理和支付养老金，养老金主要通过邮局发放。第二支柱由财政部和国家金融服务监管局共同负责监管。税务部门的权威性和强制手段保证了养老金的收缴率达到90%以上。为抵御通货膨胀和经济波动的影响，匈牙利政府承诺财政承担第一支柱全部资金缺口的补偿责任，并明确规定，社会保险管理部门一旦发生基金赤字，财政部门随时进行弥补。
通过对匈牙利社会保障状况的分析，我们可以得出以下教训和启示：
(一)社会稳定和经济发展是基础性保障
一个动荡的社会、一个人们对未来预期不稳定的社会，人们的生活就不会安宁。匈牙利的经济起伏、通货膨胀、外资垄断、民族经济欠发展等，使青年一代的结婚率降低、失业率上升。这一方面造成出生率降低，人口迅速递减，另外一方面，也使制度层面设立的、表面上看起来“很有保障”的养老金不能抵御物价上涨的影响。即使是所谓的“免费”医疗，也不能较好征缴保险金，造成大面积拖欠，使国家财政不得不承担很大的“兜底”压力。匈牙利的转制内耗，使得其在2002年左右才恢复到转制前的经济水平。何况其私有化过程中外资的入侵，使民族工业很难复兴。
(二)就业是最必要的保障
匈牙利改制后多年的发展历史表明，每逢经济发展，就业率上升，失业率下降，则政局安定，民心思稳，百姓生活会随之而改善。每逢经济起伏，失业率上升，则政局不稳，民心思变，百姓生活随之而艰难。虽然匈牙利被誉为东欧转型的所谓“典范”，其看似完善的保障，却并不能给国家带来必要的“安全”。
(三)医疗的分级管理、社区家庭医生制度的设立，是可资借鉴的宝贵经验
不管是农村还是城市，以社区为单位建立百姓可以自由选择的家庭医生制度，一方面可以监控地方性疾病和社会个体的疾病健康史，减轻医院的门诊负担，节约百姓求医问药过程的花费，另一方面也可以有效防止传染病的扩散，控制社会疾病风险。但怎样防止医生收取“小费”，却也是制度设计中应该仔细考虑的因素。
(四)养老保险第二支柱的强制缴纳，是必要的选择
匈牙利在社会主义时期完全由国家包起来的保障制度，给国家未来的发展，无疑会造成很大压力。其改革初期对第一支柱的倚重，不能抵御经济动荡和通货膨胀的负面影响。于是在1998年将自愿选择的第二支柱改为强制缴纳，这是不得不为之的选择。事实上，许多东欧国家和西欧国家，也都在制度设计上强制征缴类似于第二支柱的企业年金或个人储蓄。但要警惕的是，如果将第二支柱的保险资金，委托于公司或企业去营运，则要严控资金营运企业的进入门坎，确定最低盈利率。匈牙利各家基金会的投资回报率相差很多，最高的23%，最低的 6%。这会严重影响参保者的最终受益。
(五)养老保险“费改税”征缴制度，可以保证较大的征缴率
我国养老保险保费的征缴率之所以仍然偏低，一个主要的原因，就是劳动部门不能较好地掌握企业内部用工数量与工资高低状况。匈牙利将养老保险费用改为税务部门征缴之后，征缴率上升到了90%以上。这在制度上保证了第一支柱保险金额的安全性。我国对于是否进行“费改税”已争论多年，其利弊可从匈牙利的改革中有所借鉴。
(六)社会保险应随社会发展和经济增长而逐步改善
过高的保障费用，一方面会给企业造成较大压力，造成征缴不足、大量拖欠，另一方面也会给国家财政带来压力，影响国家经济发展。而且，保障与其它福利一样，具有刚性增长的社会预期。从高位有所下调，会遭致民众普遍的反对。故从低位逐渐上调，是比较保险的选择。匈牙利在制度转变之前的保障，属于全面保障，本来压力就很大。改制之后，虽然有所改革，将第二支柱也改为强制性征缴，但从下表可以看出，其养老保险工资征缴比例与我国差不多，但医疗保险和失业保险都高于我国。这种高位运行状况，会影响到企业的缴费积极性，影响企业的利润空间。所以，从匈牙利的教训以至整个西欧的教训中，我们可以借鉴的是，需在国家的可持续发展中逐步提高社会保障费用，而不可有“一步到位”的思想。
(七)提高退休年龄，是老龄化压力下可以考虑的选择
在人均预期寿命延长之后，在老年退休人员健康状况允许其拥有较高再就业参与率的影响下，提高退休年龄具有积极意义。现在，匈牙利将男性和女性的退休年龄已经推迟到62岁，将领取全额退休金的工龄延长到20年。在我国老龄化程度逐步加深的过程中，也需在借鉴别国经验的基础上，研究退休年龄的推迟问题。这既能够比较好的利用老年人力资源，也能够减轻养老金开支压力。
(八)农村以土地换年金的制度可资借鉴
在转制之前，匈牙利农民享有与城里人一样的养老保障，但随着社会保障制度的改革，这项福利已成为历史。在农业生产不景气的情况下，农民也不可能像城里人那样按月交保险费，农民的养老成了问题。于是，政府推出了以土地换年金政策，以解决年迈放弃耕作的农业人口的养老问题。匈牙利的土地换年金计划，每期都由国家土地基金管理局实施。第一期解决了3600名60岁以上土地所有者的年金问题，国家通过法定合同收回土地并发给土地所有者年金。至2003年，匈牙利已实施三期土地换年金计划。我国很多农村老人，在子女进入城市之后，耕作已成问题。如果能够采取先试验后推行的办法实施土地换年金计划，或许会成为新农村建设中的一项制度创新。
(九)借鉴匈牙利的经验，不可盲目照搬
很多到匈牙利考察后回来的学者或干部，看到了匈牙利社会保障制度的优点，比如其建立的包括了农村与城市的社会保障制度，比如其对家属的养老保障和医疗保障，比如其为刺激生育率而对妇女的特殊保障政策，比如其对老年人照料人员的工资补偿规定等，都很有意义。但借鉴别国的经验，需与我国自身的社会发展过程密切结合。我国还不能借鉴这些面面俱到的政策配置。匈牙利的人口已降低到不足一千万，而我国已经超过了 13亿并仍然处于增长态势。而且，匈牙利的城市化水平在上世纪80年代就已经达到了80%以上。即使在我国直辖市或省级层面借鉴其经验，也需要仔细分析其得失利弊，不可顾及其一面而失之另一面。
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