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Remote Working vs. Home Office in Hungary

Remote Working vs. Home Office in Hungary

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Legislation concerning remote work is once again in the spotlight, as Government Decree 487/2020. (XI. 11.) on the application of teleworking rules during the state of emergency modified the provisions of telework as of 3 July 2021. According to the Decree, home office should be considered as remote work during the state of emergency and the provisions of the Decree are applicable instead of the provisions of the Labour Code on remote work.

As a change, the Decree broadens the scope of remote work to jobs by non-computer means as well. Accordingly, unless it is otherwise agreed by the parties, telework means that the employee shall work at the workplace for up to one third of his/her working days, and remotely on the other working days. Hybrid solutions of companies, allowing employees to work from home office partially or full time during the epidemic situation, may result in the application of the provisions of the Decree (i.e. application of the provisions of remote work) if the conditions are met.

The application of permanent home office requires the consensus of the employer and the employee and it must be regulated in the employment agreement. Therefore, in the absence of the parties’ mutual agreement, the employer can only order unilaterally to the employee to work from home office for 44 scheduled working days.

Contrary to the provisions of the Labour Code, unless it is otherwise agreed by the parties, the employee is obliged to work according to his/her original working time schedule (therefore, flexible working hours are not applicable automatically during remote work). Provisions on work safety and the employee’s right for the reimbursement of his/her expenses for the period of remote work are also covered (either itemised costs or a flat rate of 10% of the applicable monthly minimum wage, i.e. HUF 16,740/month).

The new provisions are applicable during the state of emergency, which means that the general rules, including the Labour Code, will be applicable once the state of emergency ceases to exist.

By Levente Csengery, Partner, KCG Partners Law Firm

KCG Partners at a Glance

KCG Partners is a Hungarian business law firm providing a comprehensive range of legal services to international and local clients seeking local knowledge and global perspective. The firm comprises business-minded lawyers with sector-specific expertise, creating value for clients by applying a problem-solving approach and delivering innovative solutions.

The firm has a wealth of knowledge in corporate law, M&A, projects and construction, energy, real estate, tax, employment, litigation, privacy and forensics, securitization, estate planning and capital markets.

To address clients’ regional and international concerns, the firm maintains active working relationships with other outstanding independent law firms in Central and Eastern Europe, whilst senior counsel Mr. Blaise Pásztory brings over 40 years’ of US capital market and fund management experience.

KCG Partners Law Firm is the result of the teamwork of passionate and talented lawyers guided by the same principles and sharing the same values: 

  • Our most valuable asset is our people. They are the engine of our business and the key to our success.
  • We push boundaries by looking for innovative solutions that can empower our clients to achieve greater results.
  • We place our experience, commitment and professionalism to your service.
  • We are driven by our vision to shape and lead the Hungarian legal market and become a first choice law firm in our practice areas.

Firm's website: http://www.kcgpartners.com