Category: News

Can an employer require an employee to be vaccinated? Can employment be terminated if vaccination is refused?

Legal basis and entry into force In the early hours of 29 October 2021, the Government issued Government Decree No. 598/2021 (X.28.) on the protection of workplaces against the coronavirus, which entered into force on 1 November 2021, All Saints’ Day. The purpose of the decree is to ensure that, upon the proposal of employers’ […]

Foreign-Currency Loan Borrowers: What Next After the September Decision of the Court of Justice of the European Union?

In September, the Court of Justice of the European Union found the previous case law of the Hungarian Curia to be unlawful. Accordingly, the Hungarian court must examine on the merits whether consumers were properly informed. But what happens now to those whose properties have already been auctioned? What should you do if you have […]

ECJ ruling on required components in consumer credit agreements

In a preliminary ruling on a referral from the Landgericht Ravensburg, the ECJ has ruled on the interpretation of Directive 2008/48/EC of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (Judgement of 9 September 2021, C-33/20, C-155/20 and C-187/20). The subject of the proceedings before the Landgericht were car credit […]

As a Hungarian Employee in Germany – Which Country’s Employment Law Applies to Hungarian Employees Working There? What Should Employers and Employees Pay Attention To in Such a Situation?

The maze of applicable legal rules The question raised in the title cannot be answered in a single sentence. As a result of the sometimes complex interaction between Hungarian, German and EU employment law, a three-level regulatory framework applies where a Hungarian citizen chooses Germany as the place of work. In this article, we seek […]

Multiple Jobs Held by an Employee: Is It Legal to Take on a Second Job?

I. Holding Multiple Employment Relationships As a general rule, the Hungarian Labour Code (Munka Törvénykönyve, “Labour Code”) does not contain any prohibition that expressly prevents an employee from maintaining more than one employment relationship, commonly referred to as a second job or secondary employment. The freedom to establish employment relationships therefore implies that an employee’s […]

Hungarian hauliers are also entitled to the relevant EU minimum wage during the period of posting

On 8 July 2021, the Court of Justice of the European Union ruled in a case brought by Hungarian truck drivers who claimed that they were paid the Hungarian minimum wage during their posting, despite previous agreements. The court found that the Hungarian employee of the Hungarian-based employer had a valid claim for breach of […]

Hungarian Carriers Are Also Entitled to the Minimum Wage of the EU Member State of Posting During the Posting Period

At the beginning of July 2021, the Court of Justice of the European Union delivered its judgment in a case brought by Hungarian carriers concerning the fact that, despite earlier agreements, drivers received the Hungarian minimum wage during their period of posting. The Court held that an employee of a Hungarian-based employer may validly rely […]

Return to the Workplace After the Virus

Back to the Workplace After the Virus: Can an Employer Request Proof of Immunity from Employees? If So, What Data Protection Obligations Apply? In the weeks following the third wave of the COVID-19 pandemic, an increasing number of employers have decided to resume in-person work, which may result in the mass return of employees to […]

Trainee Lawyer Position in Budapest

Our law firm’s Budapest branch office is seeking a full-time trainee lawyer (ügyvédjelölt) with a starting date in autumn 2021. Our team of German, Hungarian, English and U.S.-qualified lawyers advises clients on German, Hungarian and international business law. Place of Work: Budapest, Bank Center. Responsibilities Assisting lawyers with legal work. Assisting in and conducting non-contentious […]

Covid-19: Obligation to File for Insolvency Suspended for UG, GmbH, GmbH & Co. KG, AG and Registered Associations

When Does It Apply and When Does It Not? The so-called Covid-19 Insolvency Suspension Act (COVInsAG) entered into force retroactively as of 1 March 2020 and, subject to certain conditions, suspends the obligation of managing directors or board members to file for insolvency. It also limits, as an accompanying measure, the liability of corporate bodies […]