A proposal for the modification of the Labour Code was filed to the Hungarian Parliament on 2 November 2022. The bill aims to ensure compliance with the EU Directives No. 2019/1158 on work-life balance for parents and carers and No. 2019/1152 on transparent and predictable working conditions.
According to the new rules, fathers will be able to take 10 working days off after the birth of their child (instead of the 5-days paternity leave currently available for fathers). Fathers will be entitled to their absence fee for the first 5 days of the extended parental leave, and to 40% of their absence fee for the remaining period. Furthermore, employees will be entitled to 44 days of holiday until the age of 3 of their children. For this period, employees may receive 10% of their absence fee reduced with the family allowances they receive. A person who has a relative or a person living in the same household who needs care for serious health reasons may be exempted from the obligation to work for a maximum of 5 working days per year.
Parents with young children can request a change in their working conditions. In particular, they may request the employer to change their place of work and working schedules, teleworking or part-time employment until the age of 8 of their children. The employer must respond in writing to such requests within 15 days, and in case of refusal, it shall justify it. The justification shall fulfil the same criteria as in case of dismissal notices, and the lawfulness of the justification might be contested by the employees in a court procedure.
Employers will be obliged to provide more information to employees about their employment (e.g. it must inform the employees about the authority for which the employer pays the taxes and social contributions, and more information about the working schedule etc.) within shorter deadlines, i.e. within 7 days from the commencement of the employment or immediately in case of any change of circumstances.
According to the bill, the modifications will enter into force on 1 January 2023.
By Eszter Ila-Horvath, Attorney at Law, KCG Partners Law Firm
