{"id":1952,"date":"2021-11-17T16:39:07","date_gmt":"2021-11-17T16:39:07","guid":{"rendered":"http:\/\/gerey.hu\/EU\/?p=1952"},"modified":"2024-03-14T07:33:51","modified_gmt":"2024-03-14T07:33:51","slug":"summary-of-amendments-of-tax-legislation-of-the-year-2023-2","status":"publish","type":"post","link":"http:\/\/gerey.hu\/EU\/summary-of-amendments-of-tax-legislation-of-the-year-2023-2\/","title":{"rendered":"THE RIGHTS AND OBLIGATIONS CONCERNING THE REQUIREMENT OF VACCINATION AS A WORKING CONDITION IN HUNGARY"},"content":{"rendered":"\n

On order to protect the working places against COVID\npandemic, the Hungarian Government gave the right to require vaccination as a\nworking condition from the employees by the Government Decree 598\/2021. (X.28).\n<\/em><\/p>\n\n\n\n

In our newsletter we provide information about the most\nimportant rules of the new Government Decree.<\/em><\/p>\n\n\n\n

1. THE\nRIGHTS AND OBLIGATIONS OF THE EMPLOYER<\/strong><\/p>\n\n\n\n

The\nemployer may prescribe the vaccination to those employees who have not been\nvaccinated yet as a precondition of performing work. The employer must take\ninto account the conditions of the working place and the scope of activities of\nthe employment when prescribing this obligation. In our interpretation, this\nprovision should be interpreted in a way that the conditions of the working\nplace and the scope of activities of the employment have to establish the\njustification of prescribing the vaccination.<\/p>\n\n\n\n

The minimum term given for the vaccination\nmust be at least 45 days for taking the first dose (or in case of single dose\nvaccines, for taking the vaccine). The employer must notify the employees on\nthe consequences of failing to be vaccinated in the prescribed term, together\nwith the term given for the first vaccination.<\/p>\n\n\n\n

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

2. THE\nRIGHTS AND OBLIGATIONS OF THE EMPLOYEE<\/strong><\/p>\n\n\n\n

The\nemployee is exempt from the vaccination obligation (if prescribed by the\nemployer) if the vaccination is medically contraindicated, and this is\nstrengthened by a medical expert opinion. <\/p>\n\n\n\n

This\nexpert opinion must be given by the employment health doctor competent by the\nseat of the employer or in the absence of this, the doctor who is entitled to\nverify the medical conditions of the employee in connection with her\/his\nworking activity. Solely in the absence of these, the family doctor of the\nemployee may give the medical expert opinion.<\/p>\n\n\n\n

The employee\nshall certify the vaccination by presenting (together with her\/his ID) any of\nthe following documents:<\/p>\n\n\n\n