Our office advises both employees and employers to seek professional help for labor law related disputed, planning, and prevention of such cases, as this is significantly more cost-effective than solving problems that have already arisen (inspections, fines, legal disputes) after the fact. We believe that we have the appropriate expertise to assist you in the following matters on ad-hoc or monthly basis.
Our office's services include providing representation in legal disputes arising from classic employment relationships, as well as facilitating claims, whether it's establishing the invalidity of a termination or enforcing a claim arising from an employment relationship that is incompatible with labor law regulations.
I. SUPPORT FOR EMPLOYEES
1. Drafting, Reviewing, and Modifying Employment Contracts
Even before the employment relationship is established, we examine the draft employment contract provided by the employer, review its provisions, and propose modification to ensure that the employee and the employer conclude their employment contract under the most ideal conditions possible. During the employment relationship, we advise our clients on questions related to labor law regulations (e.g., amount of severance pay, length of notice period).
Did you know?
§ The employment relationship can be established by the parties' mutual and unanimous declaration of will, i.e., an employment contract. The parties are required to agree on certain subjects (these are: the basic personal wage, the job title, and the place of work), otherwise the contract cannot be validly concluded. If the place of work is not specified in the employment contract, the usual place of work is considered the place of work. In addition to these, all data of the parties that may be of significance for the establishment of the employment relationship must, of course, be included.
§ It is mandatory to put the employment contract in writing in all cases, which the employer is obligated to ensure!
§ The essential content elements of the employment contract can also be agreed upon verbally. The invalidity of the employment contract due to the failure to put it in writing can only be invoked by the employee, within 30 days of starting work. If the employee does not turn to a labor court for the invalidity of the employment contract within the deadline, it becomes valid – despite the failure to put it in writing.
Since July 1, 2012, the effective date of the (new) Labor Code, the employer may communicate termination to the employee not only on paper but also electronically. A document sent in electronic form is considered communicated if it becomes accessible to the recipient (employee). In a potential labor lawsuit, the employer must prove not only that they sent the termination via email or SMS but also that the electronically transmitted termination was accessible to the employee. This requires thorough HR preparation and a pinch of IT knowledge!
2. Other labour law related agreements
We also undertake the review of non-compete agreements, study contracts, and confidentiality agreements related to the employment relationship, and provide full advice.
3. Termination of Employment and Related Legal Disputes
If your employment relationship has already been terminated, we will examine the legality of the termination or immediate termination communicated by the employer. We will inform you of the steps you can take to enforce your claim.
If our client wishes to terminate their employment relationship, we provide assistance for its lawful execution.
4. In-court and Out-of-court Representation
In labor disputes, we represent our clients against the employer in out-of-court negotiations, and before the court in labor lawsuits – with determination, experience, and persistence.
II. SUPPORT FOR EMPLOYERS – WE PROVIDE PROFESSIONAL ASSISTANCE
In our view, prevention is of paramount importance – a thoroughly prepared employment law document helps to avoid future lawsuits, fines, and undesirable legal consequences. In such cases, we also undertake the urgent preparation of the necessary document(s), if required.
1. Drafting, Reviewing, and Modifying Employment Contracts and Other Agreements
To support our employer clients, our office drafts company-specific employment contracts, employment contract modifications, the employer's information document required at the start of employment, non-compete, confidentiality, inventory liability, and other relevant agreements, as well as manpower leasing documentation, and reviews and comments on existing documents.
We ensure for our clients that the employer's measures related to the establishment and termination of employment relationships are lawful.
2. In-court and Out-of-court Representation
In labor disputes, we represent our clients against the employee in out-of-court negotiations and before the court in labor lawsuits. Employers are typically at a disadvantage in court proceedings, as the burden of proof is often on them. The employee, as the "protected, weaker party" by the legislator, may often make a company manager's life quite difficult. We are here to balance the scale.
Did you know?
§ Electronic surveillance system at the workplace: The recommendation of the National Authority for Data Protection and Freedom of Information emphasizes the requirement for the employer's accountability related to data management and data processing, and also formulates numerous guarantee requirements regarding electronic surveillance systems used at the workplace.
When applying an electronic monitoring system, the employer must comply with accountability requirements related to data processing, as well as a number of safeguarding rules.Such systems may primarily be used for the purpose of protecting human life and health, physical integrity, personal freedom, business, payment, banking and securities secrets, and asset protection. Human dignity must be considered. A camera cannot be installed for example, in a changing room, toilet, or medical area. The principle of purpose limitation applies. The purpose of each camera must be communicated to the employees. Any use other than the stated purpose is unlawful.
§ Computer use and monitoring: If the employer has provided a computer for the employee's personal use, they may not access the personal data stored on it without the consent of the person concerned. However, the employee is responsible for deleting all personal data from the device used for work purposes when it is returned. Separate regulations apply to private and company electronic mail used on this device. It is advisable to state in advance that the company email may be monitored by the employer.
§ Can an employer terminate employment during pregnancy? An employer cannot terminate an employee's employment during pregnancy, with the exception of probationary period terminations and immediate terminations. The employee is not obligated to inform the employer of the pregnancy in advance; it is sufficient to do so at the time of the termination notice.
§ Child-care allowance (CSED): The name of the maternity-childbirth benefit has been changed to child-care allowance (CSED) since January 1, 2015. The CSED is payable for the 168 days of maternity leave and its payment can begin 28 days before the expected date of delivery. The benefit is payable until the 168th day after childbirth at the latest. There is one exception to this: if the child is born prematurely and is cared for in an institution for premature infants, according to the Labor Code, the remaining part of the maternity leave can be taken after returning home, until the child reaches the age of 1.
§ Graduate child-care benefit (GYED): The mother of a child born after December 31, 2013, is entitled to Graduate GYED if she gives birth during her higher education studies or within 1 year after the termination of her studies. The condition for eligibility is that the new mother must have at least 2 active semesters in a full-time program. Not only the mother but also the biological father who meets all the above eligibility conditions is entitled to receive Graduate GYED.
Feel free to contact us, even in urgent cases –time andpreparation invested now can pay off many times over in future situations. We are here to help you prepare!
We help you prepare
