Hungary has initiated a series of legislative amendments to laws governing labour, occupation health and safety at work, some of which already entered into force on 1 January 2024. Specifically, Hungarian lawmakers passed amendments to Act I of 2012 on the Labour Code, Act IV of 1991 on the Facilitation of Employment and Unemployment Benefits, and Act XCIII of 1993 on Occupational Safety and Health and certain OSH decrees.
The following article outlines the changes to labour law in Hungary brought on by these amendments.
1. Amendments to Act I of 2012 on the Labour Code and Act IV of 1991 on the Facilitation of Employment and Unemployment Benefits
Rules on the granting of leave: contrary to the previous provisions of the Labour Code, from 1 January 2024 the employer is obliged to grant not only the seven days of ordinary leave and parental leave but also the additional leave for children, as requested by the employee. From 1 January 2024, in addition to the seven days of ordinary leave, employees must notify their request for parental leave and additional leave for children also at least 15 days before the start of the leave.
The certificate of employment: as of 1 January 2024, Hungary has repealed the provision of the Labour Code under which the employer is obliged to provide the employee with a certificate of the duration of paternity or parental leave upon termination of employment, including the duration of paternity or parental leave granted by the previous employer. In addition, the provisions on the obligation for employers to issue certificates of employment on termination of employment for simplified employment and occasional employment have been repealed.
By narrowing the obligation to issue certificates, the legislator aims to clarify the duration of the employment certificate to be issued upon termination and cessation of employment by providing the data content regulated in the Labour Code and in the now repealed certificate of employment from 1 January 2024 onwards in the certificate of employment in accordance with the provisions of Act IV of 1991 on the Facilitation of Employment and Unemployment Benefits.
Amendments to the provisions on the occupational medical health test: on 1 September 2024, the amendment to the provision of the Labour Code on the occupational medical health test will enter into force, according to which the employer is no longer obliged to provide a free medical health test for employees before they start working and at regular intervals during the employment relationship, but only in the cases specified by law and only if the employer orders it.
However, the NM Decree No. 33/1998 (VI. 24.) on the medical examination and opinion on the medical fitness for work, occupational and personal hygiene continues to require employers to conduct both preliminary and periodic examinations of an employee’s fitness for work. In view of the amendment of the Labour Code and the OSH Act, this legislation will presumably also be amended.
2. Amendments to Act XCIII of 1993 on Occupational Safety and Health (OSH) and certain OSH decrees
Amendments to the provisions of the OSH Act on the persons authorised to perform certain occupational health tasks: as of 1 January 2024, occupational health tasks defined by law (e.g. tasks classified as occupational health professional activities, occupational health tasks required during a preliminary examination for occupational safety and health, occupational health tasks required for an out-of-hours inspection, etc.) do not require a medical qualification and can be performed by a person with an occupational health qualification, in certain cases with the approval of the doctor of the service providing the basic occupational health service. The amendment, as explained in the ministerial explanatory memorandum, was made because of the shortage of doctors. The amendment extends the scope of occupational health and safety activities and, from 1 January 2024, includes the investigation of hazardous technology, serious occupational accidents and increased exposure as a specialised activity.
Amendment of the provisions of the OSH Act on accidents at work: after 1 January 2024, employers will also be obliged to clarify the circumstances of an accident at work that does not result in incapacity for work. The protocol on accidents at work and the instructions for filling it in will be published on the website of the ministry, headed by the minister responsible for employment policy.
Amendment of the provisions of the OSH Act on occupational safety and health training: as of 1 February 2024, for certain activities, jobs and positions defined in the decree of the Minister responsible for employment policy, OSH training will be simplified, meaning that it can be completed by providing the general training topics to the employees. This may also be done by publishing the training content on an internal electronic network accessible to the employees.
Amendment of the provisions of the OSH Act on the occupational medical health test: from 1 September 2024, in line with the amendment to the Labour Code, the requirement of an occupational medical health test for fitness for work will be abolished. Legislation may define the types of work (i.e. occupations) for which the decision on fitness for work will continue to be based on a medical examination, and the employer may also order a medical examination.
Changes to the rules for working in front of a screen: from 31 December 2023, the rule that the total actual working time in front of a screen must not exceed six hours a day or 75% of the daily working time has been abolished.
Changes to the conditions of employment of a person with an occupational safety and health qualification: from 31 December 2023, employers with more than 1,000 employees in hazard class III must employ, in addition to the one person with a higher-level OSH qualification, one additional person with an intermediate-level OSH qualification for every 1,500 employees they employ, on a full-time basis for the purpose of OSH activities.
For more information on how these changes to Hungarian labour law could affect your Hungary-based business, contact your CMS client partner or these CMS experts.
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