RULES FOR THE USE OF THE ELECTRONIC SIGNATURE

19/Nov/2021

Due to the continuous development of technical possibilities and the emerging epidemic situation, the use of various electronic services, including electronic signatures is becoming more and more popular.

In our newsletter we provide information about the possibilities and conditions of validity of electronic signatures.

Due to the epidemic, we have a limited number of different travel options, and we also have to reckon with significant costs during a longer business trip. These circumstances are holding back the momentum of business. An electronic signature can be of great help in bridging this problem. Its use can facilitate everyday business, but there are strict conditions for the validity of a signature, as the signature is not technically personal, so the provability of that the electronic signature was actually placed on the electronic document by an authorized person is particularly important.

In connection with the recording of an electronic signature, the preparation of the specimen of the electronic signature is required under current legislation, which can only be made by a public notary. Based on this, at the request of the company, the Company Register may also contain the specimen of the electronic signature of the person entitled to register the company, which certifies that the given certificate is an authorised electronic signature. It is important to emphasize that an electronic signature is only considered as authorised signature after it has been registered in the Company Register.

In the framework of the uniform regulation of the European Union, a specific register lists the service providers that are mutually recognized by the Member States for cross-border authentication, so that electronic signature services provided by these service providers even provides opportunity for electronic court registration, subject to appropriate court proceedings; thus, in the course of company proceedings in Hungary, even a qualified electronic signature provided by a trust service provider governed by the law of another Member State may be used. The list of these service providers is available at https://webgate.ec.europa.eu/tl-browser/#/. In Hungary, three service providers provide qualified electronic signatures, these are NISZ Zrt., Netlock Kft., and Microsec Zrt.

The registration of an electronic authorised signature of a company therefore requires three steps: 1. concluding a contract with the appropriate service provider; 2. preparation of an electronic specimen of signature certified before a public notary; and 3. conducting the registration procedure at the Court Registry.

The possibility of electronic signatures and company signatures greatly facilitates the stationary case management and the uninterrupted course of the proceedings caused by the epidemic situation.

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This summary is intended to raise awareness and does not constitute legal advice.

If you have any questions or need further information, please do not hesitate to contact us.

THE RIGHTS AND OBLIGATIONS CONCERNING THE REQUIREMENT OF VACCINATION AS A WORKING CONDITION IN HUNGARY

17/Nov/2021

On order to protect the working places against COVID pandemic, the Hungarian Government gave the right to require vaccination as a working condition from the employees by the Government Decree 598/2021. (X.28).

In our newsletter we provide information about the most important rules of the new Government Decree.

1. THE RIGHTS AND OBLIGATIONS OF THE EMPLOYER

The employer may prescribe the vaccination to those employees who have not been vaccinated yet as a precondition of performing work. The employer must take into account the conditions of the working place and the scope of activities of the employment when prescribing this obligation. In our interpretation, this provision should be interpreted in a way that the conditions of the working place and the scope of activities of the employment have to establish the justification of prescribing the vaccination.

The minimum term given for the vaccination must be at least 45 days for taking the first dose (or in case of single dose vaccines, for taking the vaccine). The employer must notify the employees on the consequences of failing to be vaccinated in the prescribed term, together with the term given for the first vaccination.

If the employee does not vaccinate herself/himself in the prescribed time and the employee is not exempted, the employer is entitled to allocate non-paid holiday to the employee. After one year, the employment relation may be terminated, if the employee does not prove that he/she has complied with the vaccination obligation during this term.

2. THE RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

The employee is exempt from the vaccination obligation (if prescribed by the employer) if the vaccination is medically contraindicated, and this is strengthened by a medical expert opinion.

This expert opinion must be given by the employment health doctor competent by the seat of the employer or in the absence of this, the doctor who is entitled to verify the medical conditions of the employee in connection with her/his working activity. Solely in the absence of these, the family doctor of the employee may give the medical expert opinion.

The employee shall certify the vaccination by presenting (together with her/his ID) any of the following documents:

• European Digital Covid Certificate;
• Hungarian Immunity Card (“védettségi igazolvány”);
• certification by the vaccinating doctor on the form of the National Public Health Center (“Nemzeti Népegészségügyi Központ”);
• International Vaccination Card of the WHO;
• Immunity Certification of any country, which is approved by Hungary (the list of this countries is given in the Decree of the Hungarian Foreign Ministry and the Ministry of Defence).

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This summary is intended to raise awareness and does not constitute legal advice.

If you have any questions or need further information, please do not hesitate to contact us.