Szerző: Ügyvédi Iroda
In the first part of the series – Get a job in Hungary I. – we have discussed how to tackle the issue of the work permit. Now let us continue with an introduction to the world of working contracts and job-related regulation to prepare you for the challenges of being an employee. Let us assure you: maybe Hungarian legislation seems hectic and unpredictable. However, with a bit of preparation (and professional help) it is quite easy to get your dream job with dream conditions.
For advanced users: the working contract
The pillar of work-related legislation in Hungary is the Act I of 2012 on the Labor Code that speaks of the fundamental elements of a working contract. The idea behind the legislation is simple: only the most important things have to be laid down in the written agreement, everything else is regulated by “default settings”, meaning that these rules apply only if nothing else has been agreed upon.
Therefore, do not be surprised if your contract does only contain your own name (and necessary personal data) and the one of your employee, your base salary, your position and the signature of both parties. Such a contract would meet legal requirements.
In such a case, the term of the employment is indefinite and only if you agree otherwise can it be definite, up to five years. It is similar with the place of work: if it is not specified, the place where work is normally carried out shall be considered as the workplace. Your employment is a full-time daily employment by default which means from Monday until Friday, eight hours a day, starting from the day following the conclusion of the agreement, if not stated otherwise. Also, it is common to agree on a probationary period, during which both parties can terminate with immediate effect without justification and which cannot exceed three months in total.
In case you start your job without a written contract be aware that you, as an employee, are entitled to terminate the contract for this reason within the first 30 days. After this period, you have no means to make your employer sign the termination papers as the contract becomes unimpeachable on these grounds.
The employer is obliged to give you tasks, to provide for a safe environment and to compensate for justified expenses. He also has to inform you within 15 days from the date of the start of the contract about the following information: the daily working time; the conditions in order to get wages above the base salary and other benefits; the payroll accounting method, the frequency and the day of payment; the description of the tasks belonging to your position; the days of paid annual leave and the procedures for allocating and determining such leave; the rules of termination period; whether a collective agreement applies to the employer; and the person acting on behalf of the employer on daily basis.
You, as an employee, are obliged to show up and be at the disposal of the employer. You have to be fit for work in order to perform your work on the level that can be reasonably expected from you, to respect the rules and relevant regulations and to cooperate with your co-workers.
Of course, working contracts sometimes include many more details than the “default settings” such as OSH Policy, premium policy, asset management regulations, vehicle regulations, non-compete agreements, confidentiality clauses, liability regimes, privacy policies, provisions for executive employees, etc. If you want to make sure that you sign a working contract that respects your rights, if you feel lost reading your thirty-page long contract or if you just want to make sure everything is fine with your employment, please do contact us, we are happy to help.