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Labour Law - The Normal Regulations

There are no exact rules in the Hungarian Labour Code for the case of pandemic. First, we give you a summary about the most common questions and situation with a short explanation. Later, we will introduce the current measures that amend the normal regulations in this situation. These are not legal advice, if you have any question, just contact us.


First of all, let us declare that employers and employees must cooperate and inform each other about the health risks and safety issues related to the work and its environment.

 

  • What Can I Do with Home Office?

The employer must ensure that the employees can work in a safe and healthy environment. The employer can order to work at home, since the place of work is his decision. Of course, it depends on the nature of the work and on the technical conditions. The employer should have Home Office Policy but it is not a condition of ordering to work from home. The employee has basically no right to refuse going to work but he can deny an order if it seriously endangers his health or safety – for example the public transport in rush hours.

 

  • Attendance Sheet in Home Office?

 The actual working time must be registered in home office as well. Of course, singing a paper does not work in this case. If the company has an electronic tools, or even an Excel sheet, it can work.

 

  • What About the Quarantine?

If the employee is officially ordered to be in quarantine – at home or in hospital – he is entitled to sick leave and gets the payment as a sick employee. Voluntary quarantine is not acknowledged as medical issue.

 

  • Can I Order Paid Holidays? 

The Employer can order the holidays except the 7 days per year that are in the sole decision of the employee. However, the employer should order the holidays 15 days in advance. The mutual agreement is a general solution to solve this question.

 

  • Should I send My People to Unpaid Leave?

Unpaid leave can only be applied with the agreement of the employee – the employer can not force it. Another option is if the parties agree that the employee does not have to go to work but he gets paid fully or partially for the duration of the discharge, keeping both the workplace and the employee.

 

  • What Is Idle Time?

The employer can instruct the employee in writing not to go to work. The written order should include that the employee will receive the base salary and his insurance remains valid. The lack of supply is not vis maior, the employer must pay salary to the employee. And the employee must be available for work in proper condition.


  • How Can I Reduce Work Time and Salary?

It is important that the work contracts must not be amended without the approval of the employee. Every change of work time, salary and other conditions must be agreed in writing. This is a sensitive issue even in this situation.


These are the most common situations we meet these days. However, the answers listed above are not exact legal advise. If you have any further question, please contact us.

23.03.20


Author:   

Ákos Eőry

Ákos Eőry

Managing Director

Mobile: +36 70 621 7595

Skype:eoryakos
Email: akos.eory(at)leinonen.hu

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