The Parliament adopted a comprehensive amendment to the laws on protection of labour in November. It mainly concerns health and safety at work; rehabilitation and the promotion of simplified employment. As a result, the Labour Code has changed from 1 January, 2018.
There is an old provision in the Labour Code that the employee may be employed in a position that fits to his/her stature or physical maturity. The amendment added that the employee’s health conditions shall also be taken into account and in case of any change in his/her health status the employer will be obliged to adapt working conditions and schedule accordingly.
The amendment makes it clear that the above procedure shall apply also for pregnant women or mothers with up to 1 year old babies who present a doctor’s certificate on changed health conditions. Earlier the employer was obliged in such cases to find other positions or exempt such women from work.
Harsher sanctions are to come for illegal employment too. Until the end of last year, small and medium enterprises caught first time on black labour were only served with a notice. From this year on, even SME’s may be fined immediately. Fields of industries where illegal employment is typical, such as constructions, will be monitored more closely. According to a report of the Ministry of Economics, construction industry employed 36% of the employees illegally in the first three quarters of 2017. Companies may expect a penalty from 30,000 HUF to 20 million HUF (appr. 97 EUR to 64.000 EUR) for black labour, depending on the number of violations and employees concerned, the economic role of the enterprise and the gravity of violations.