At 1×1 Labor Law, we try to briefly process the questions that are perhaps most often asked of us. You can read an article in a few minutes on a couple of important employment law issues that may affect you as well.
Labor law is a right that permeates people’s daily lives. Unless you are exactly an entrepreneur, chances are you have or have already had an employment contract signed, and if you are an entrepreneur, you will sooner or later have employees. Therefore, in fact, everyone should know a few things about labor law, as the state tries to protect the so-called the weaker party, i.e. the interests of the employee.
Labor law 1×1
Where can I check the legislation that applies to me?
If you are a civil servant, a judicial worker, a member of an armed corps, or you are working in a special employment relationship, the rules in separate laws apply to you. In all other cases, the Labor Code (Act I of 2012) shall prevail.
First of all, is it worth talking about how an employment relationship differs from so-called “billing”?
In the case of an employment relationship, you carry out your work with the employer’s means, following his direct instructions. If you are an entrepreneur, you are using your own resources, using your own tools and vehicles, and chances are you have more than one customer. If this is not the case, I am wary of employing, for example, KATA as a sole proprietor for a single company, because the disguised employment contracts will sooner or later be discovered by NAV. In addition, due to disproportionate power relations, you are protected by law as an employee against the employer, but of course you also have responsibilities and obligations to the employer. For example, in a quarrel, you usually can’t just walk out of your workplace.
When and how can an employment contract be terminated under the rules of employment law?
With the exception of the probationary period, the employment contract may be terminated by either party with ordinary notice or with immediate effect, but the employment relationship may be terminated by mutual agreement. If you are fired with immediate effect, it means that you have seriously violated the terms of your employment contract or job description. If this is not the case, you can challenge the extraordinary dismissal in an employment tribunal and your chances are often not bad at all, in fact… The other case is ordinary dismissal: if your employer is unable to show any serious infringement you have committed, you can only get rid of ordinary dismissal. from you. In the case of a regular redundancy, there will be a period of notice and even severance pay, the amount of which will depend on how many years you have worked in that place. In case of termination, the so-called The employer must also ensure that your “remaining” leave is paid in cash. It is important to know that, like all other contracts, an employment contract can only be terminated by ordinary termination in the case of an employment contract of indefinite duration. So if, say, you have a fixed one-year contract, your boss can’t just unload it during the year unless you do something that could cause him to be fired with extraordinary notice. It is important to know that if the employment is terminated, it is possible to be exempted from work to some extent during the period of notice. During this time, the employee may even look for a new job.
In employment law, what does it mean to terminate an employment relationship by mutual agreement?
The employment relationship can be terminated not only unilaterally, but even with a common will. This can often be the best decision for a change in life situation or a deteriorating personal relationship. However, if your employer wants to fire you, you will probably raise the possibility of a joint termination, saying it will be easier and better for both of you in the end. Don’t fall for this! If you sign the termination by mutual agreement, you will lose all the prerogatives that the law gives you – both the notice period and the severance pay…
What is a probationary period and is it mandatory to stipulate a probationary period at all?
The answer to the latter is not possible, so no, the probationary period is not obligatory at all. At the same time, companies often offer you the typically three-month probationary period as if they were required to do so by law. During the probationary period, the employer can dismiss you at any time, with immediate effect, and you will not even receive severance pay, there is no notice period! So, during your probationary period, you find yourself in a very vulnerable position as an employee because the law does not give you the protection that your older co-workers have. What is more, there is no need to even give reasons for termination. Therefore, the probationary period is actually a familiarization phase provided by law, so eating is often a test of pudding in employment. However, there are benefits to this legal institution from an employee perspective.
As an employee, can I, without justification, terminate with immediate effect during the probationary period?
Yes of course! The basic principle of labor law is that you have at least as many rights as an employee as an employer. If you can find a better and more secure job where they are valued, you don’t have to explain or wait: you can even write your one-line notice during the lunch break and receive your time-based pay and other documents in up to three days. The stipulation of a probationary period is therefore a rather double-edged sword, with many employers complaining that employees will leave unexpectedly during the probationary period.
What happens under employment law if I accidentally cause damage while doing my job?
If you did not cause the damage intentionally or through gross negligence, you are not responsible for the damage, but your employer. In this respect, the employment relationship provides much greater security than if you were performing an activity as an entrepreneur. If this happens, do not sign any acknowledgment, but contact a lawyer immediately if necessary. Imagine how different the situation is if, for example, you are involved in the life of a company as a KATÁS entrepreneur … how do the responsibilities develop in such a case?
What is an accident at work in Hungarian labor law?
If you have an accident at work in connection with your work, it is considered an accident at work. Many people do not know, but it is also an occupational accident if you suffer any accident, even on the road, on your way to or from work, because you were on the road to do your job. So if you slip and break in the bus stop in front of your workplace, it will presumably be an accident at work. In all such cases, ask you to report the accident immediately to the Occupational Safety and Health Inspectorate, even if you want to report it! If you become incapacitated for work due to an accident at work, you will not receive reduced, but full, sick pay for the duration of your recovery. So while if you get much less due to illness or sick pay, you get 100% in the event of an accident at work – of course, only if you report the case to the Inspectorate properly.
Read our article on the “terminate by mutual consent” dilemma by clicking HERE
You can access our article on lunch time and cigarette breaks HERE.
Our article about the home office can be found HERE .
Thanks to KOZMO LUXURY HOTEL for filming.
You can access the Labor Code HERE .
