In the field of labor law our Law Office provides the following services for our clients
Both for employees and employers, our Office suggests to contact a legal professional in order to obtain labor law support and planning as well as in case of prevention, since this is significantly more cost-effective than subsequent solution of an already existing problems (such as audits, fines, legal disputes).
Our Office provides services on the field of labor law such as representing clients in legal disputes arising from employment, civil and public servant relationship, enforcement of claims such as the determination of invalidity of employment termination, or enforcing other claims arisen from employment not complying with the law.
I. SUPPORTING THE EMPLOYEES – WE STAND BY OUR CLIENTS AND PROVIDE SUPPORT
1. Drafting, reviewing and modifying employment contracts
In order to conclude the most suitable employment contract between the employee and the employer – prior to signing the employment contract – we inspect, review and propose amendments to the draft employment contract provided by the employer. During the employment we provide advices for our clients in respect of questions concerning labor law rules (for example as to the amount of redundancy payments, the length of notice period of termination).
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§ The employment relationship is established by the mutual and unanimous declaration of will of the parties, namely by the conclusion of the employment contract. Parties shall agree on specific subject matters (namely: salary, scope of work and the place of work) otherwise the employment contract deemed not valid. In case the place of work is not indicated in the employment contract, the place where the employee usually works is considered to be the place of work. Besides, all data of the parties which might be relevant for the establishment of the employment shall be indicated in the employment contract.
§ It is obligatory to conclude the employment contract in writing which the employer shall provide.
§ Parties may agree on the essential elements of the employment contract verbally. Only the employee is entitled to claim that the employment contract is invalid if it is not set in writing, within 30 days from the commencement of the work. In case the employee fails to start a procedure in the subject of the invalidity of the employment contract in front of the labor court within the specified deadline than the employment contract is established and considered to be valid despite of failing to set in writing.
§ Since 1st July 2012 when the new Labor Code entered into force, the employer is entitled to terminate the employment of the employee not only in paper form, but may also do so electronically. The termination sent to the employee electronically is considered to be delivered when it becomes accessible for the employee. In case of a possible lawsuit, the employer shall prove that the employer has sent the termination via email or SMS, furthermore the employer shall prove that the termination sent electronically has become accessible to the employee. This needs a profound HR preparation and a little knowledge of IT!
2. Other agreements
We undertake to review the employment related non-competition agreements, non-disclosure agreements, education agreements, and we provide thorough advice.
3. Termination of the employment and related legal disputes
In case your employment relationship has already been terminated, we propose to inspect the legality of the termination or the termination with immediate effect. Provide you with information about the possible legal steps to help enforce your claims.
In case our client wishes to terminate his/her employment relationship, we offer legal assistance to carry out the termination complying with the laws.
4. Representing clients in legal disputes in judicial and extrajudicial procedures
We represent our clients in disputes connected to labor law against the employer during extrajudicial reconciliations, furthermore during procedures in front of labor courts – firmly, persistently and with experience.
II. SUPPORTING EMPLOYERS – WE PROVIDE PROFESSIONAL ASSISTANCE
Your business may avoid many inconveniences if you decide to obtain professional labor law assistance.
We emphasize the importance of prevention, meaning that future lawsuits, fines and other legal consequences may be avoided with properly prepared documents. In respect of this we undertake to prepare the necessary documents swiftly and precisely.
1. Drafting, reviewing and modifying employment contracts and other agreements
In order to support our clients as employers, our Office prepares customized employment contracts, modification of employment contracts, information notes of employer to be given to the employee at the commencement of employment, non-competition agreements, non-disclosure agreements, agreements of inventory liability and other related agreements, labor-leasing agreements, furthermore our Office reviews already existing documents and provides opinion thereof.
We ensure the legality of the measures taken by the employment related to establishment and termination of employment.
2. Representing clients in legal disputes in judicial and extrajudicial procedures
We represent our clients in disputes connected to labor law against the employees during extrajudicial reconciliations, furthermore during procedures in front of labor courts. The employers are in a disadvantaged situation during judicial procedures as the burden of proof rest on the employers. Employees “as the weaker parties protected by law” are often able to burden the life the person in charge at your company.
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§ Electronic surveillance system at the workplace: The recommendation of the Hungarian National Authority for Data Protection and Freedom of Information emphasizes the requirement of accountability of the employer in connection with data management, furthermore sets out many essential requirements in connection with the electronic surveillance systems established at the workplaces.
Therefore such systems may be used primarily for the protection of human life, health, personal freedom, commercial, payment, banking and securities confidentiality, furthermore for the protection of property. Human dignity shall be respected primarily. Cameras shall not be set e.g. in locker rooms, restrooms or in medical rooms. The principle of limitation to purpose is applied. Employees shall be informed about the purpose of the use of each camera. Using such system for other purposes is illegal. General rule is that the preservation of the recordings is lawful if it is preserved for 3 days. Justification is needed for longer preservation.
§ Computer use and monitoring: In case the employer provided a computer to the employee for personal use, the personal data stored on the computer shall not be disclosed by the employer without the approval of the employee. However the employee is responsible for deleting all personal data before returning the computer provided for work purposes. Different rules apply to personal and corporate emails on such devices. It is highly recommended to inform the employee that the corporate emails may be checked by the employer.
§ Is the employer entitled to terminate the employment during pregnancy?
The employer is not entitled to terminate the employment during the pregnancy except the termination during the probationary period and the termination with immediate effect. The employee is not obliged to inform the employer about the pregnancy beforehand, it is sufficient to give information thereof at the time of receiving the notice of termination. However, acting in good faith is expected. The prohibition of termination shall be applied even when neither the employer, nor the employee is aware of the pregnancy. In case the employer has already terminated the employment, the employee is entitled to request the restoration first, and in the absence of agreement the employee may enforce the rights in front of the court.
§ Infant Nursing Grant (CSED): Prenatal aid is called infant nursing grant (CSED) from the 1st January 2015. CSED is paid for 168 days of the maternity leave, disbursing may be started 28 days before the expected date of birth. According to the Labor Code the only exception is the following: in case of pre-term infants, if the infant receives institutional care in a specialized institution, the remaining time of the maternity leave may be used after leaving the institution until age 1 of the infant.
§ Child Care Fee with Diploma: Those mothers are entitled to Child Care Fee with Diploma who gave birth to her child after 31st December 2013 and during her college or university studies or within one year after finishing the studies. The condition of entitlement is that the mother has two active semesters of full-time studies. Not only the mother is entitled to Child Care Fee with Diploma, but also the biological father if he meets the conditions specified above.
Do not hesitate to contact us, in any case including urgencies – today’s investment in preparation may return hundred fold in case of an actual situation!