In 2024, Hungary introduced new regulations concerning the employment of guest workers. The new law, which took effect at the start of the year, outlines specific criteria for obtaining a guest worker residence permit. Under the new regulations, a guest worker can receive a residence permit if the following conditions are met:
- Employment Purpose: The primary reason for their stay must be to engage in paid employment within Hungary, either directly under an employer or through labour leasing arrangements.
- Registered Employer: The employer must be a registered preferential employer or a registered certified temporary work agency. A "certified temporary work agency" is defined in the law as an employer listed in the government-designated certified temporary work agency register.
- Third-Country National: The worker must be a citizen of a third country, as specified by a government decree.
- Eligible Occupation: The worker’s employment must be in a field that has not been excluded by the Minister responsible for employment policy in their official announcements.
Additionally, the law places an annually determined cap on the total number of guest worker residence permits and employment-based residence permits issued in Hungary each year. The guest worker residence permit allows a worker to stay in Hungary for a fixed period of up to two years. The Hungarian government now has also determined the list of third countries whose citizens are eligible for the guest worker residence permit under this law. The countries include Philippines, Republic of Indonesia, Republic of Kazakhstan, Mongolia, Socialist Republic of Vietnam, Federative Republic of Brazil, Georgia, Kyrgyz Republic, Bolivarian Republic of Venezuela and Republic of Colombia.
These changes aim to regulate the employment of non-EU nationals in Hungary more effectively, ensuring that the process aligns with the country's labour market needs and legal framework. The inclusion of specific countries is likely intended to target labour from regions where Hungary has strategic or economic interests.
By Reka Fulop, Attorney at Law, KCG Partners
