THE RIGHTS AND OBLIGATIONS CONCERNING THE HOME OFFICE WORK IN HUNGARY

THE RIGHTS AND OBLIGATIONS CONCERNING THE HOME OFFICE WORK IN HUNGARY

16/Mar/2022

1. THE RIGHTS AND OBLIGATIONS OF THE EMPLOYER

Under the current regulations, working from home – in legal terminology, “teleworking” – can be legally continued if it is stated in the employment agreement or if the employment agreement is amended accordingly

When regulating telework, the parties shall regulate the following circumstances in particular:

  • They must agree on how much of the employee’s working hours will be carried out by teleworking, and also by what means. If the work is carried out using the employee’s equipment, the employer must inspect the equipment whether it is suitable for safe and healthy work.
  • The parties may, but are not obliged to, specifically stipulate a place of work other than the employer’s premises.
  • The parties must specify the proportion of teleworking.
  • The parties must define the extent of the employer’s power to give instructions: this may cover only the tasks to be carried out, but also the scheduling of working hours.
  • It must be addressed how the employer will monitor the employee’s performance: 1) the employer does not want to monitor it; 2) the employer monitors it by using IT tools; or 3) the employer personally monitors the employee at the place where he or she works by teleworking (for example, at home).
  • The parties must agree on the term of teleworking (fixed or flexible working hours).

2. CRITERIAS OF WORKING ENVIRONMENT

It is crucial that the workplace is properly enclosed, clean, and free from distractions. Sufficient space must be available to carry out the working tasks. An adequate monitor-eye distance is important, ideally it is about 50-75 cm depending on the screen diagonal. The top edge of the monitor should be at eye level or slightly below. It is also required, to have sufficient space for working (at least 2-4 m2), which also allows free movement as well.

3. SAFETY REGULATIONS

Emergency procedures have a great importance in connection with telework. In the event of an emergency, employees shall be able to leave the workplace quickly and easily, and first-aid kits must be easily accessible.

Regarding electronic safety, it is important that all connection cables are in good condition and positioned in such a way that there is no risk of slipping or tripping over them. Wires and cables shall not be damaged or destroyed. The electronic outputs shall not be overloaded.

Regarding fire protection, it is important that all storage surfaces are designed to minimise the risk of fire and spontaneous combustion; laptop and PC vents shall not be blocked. Printers, laptops, PCs and other electronic equipment shall be protected from foreign intrusions, in particular from ‘attacks’ by pets and children.

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

We are standing at your disposal in preparing the amendment of the employment contract regarding teleworking and the related regulations. We trust that the above was of assistance to you and remain at your disposal for the case of any further queries.

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