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.
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