Termination of Employment in Hungary

‍1. When can an employment relationship be terminated in Hungary?
In Hungary, an employment relationship can be terminated upon the death of the employee, if the employer lacks a legal successor, at the end of a fixed-term contract, or in other cases defined by law, such as liquidation or bankruptcy of the employer.

2. What are the grounds for termination in Hungary?
In Hungary, an employer may terminate the employment relationship due to reasons related to the employee’s behavior, ability, or the employer’s operation. These reasons must be justified in writing, and the employer must provide clear grounds for the termination of the contract.

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3. What protections exist for employees against termination in Hungary?
In Hungary, employees cannot be terminated during certain protected periods, including pregnancy, maternity leave, paternity leave, or parental leave. The employer is prohibited from terminating the employee during these periods, and the employee may challenge any such termination within specified timelines.

4. What happens if an employee terminates their employment in Hungary?
In Hungary, an employee is not required to provide reasons for terminating their employment if it is for an indefinite period. However, if terminating a fixed-term employment contract, the employee must justify the termination with reasons related to maintaining the employment relationship.

5. What is the notice period for termination in Hungary?
In Hungary, the notice period for termination varies depending on the length of employment. It ranges from 30 days for less than three years of service, to 60 days for over 20 years of employment. The parties may also agree on a longer notice period.

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6. What must an employee do when their employment is terminated in Hungary?
In Hungary, when an employee’s employment is terminated, they must hand over their duties and settle accounts with the employer. The employer must ensure the conditions for the proper transfer of responsibilities and the final settlement of the employee's obligations.

7. When must an employer pay the employee after termination in Hungary?
In Hungary, upon termination of the employment relationship, the employer must pay the employee's wages and other allowances no later than the last day of work or, at the latest, by the fifth working day following termination. This includes any necessary certificates.

8. Can the employee request an evaluation upon termination in Hungary?
Yes, in Hungary, if the employee has worked for at least one year, they can request a written evaluation of their performance upon termination. The employer must provide this evaluation within one year of the termination, and the employee can challenge any inaccuracies in court.

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9. What happens if the employer fails to provide an evaluation after termination in Hungary?
In Hungary, if the employer fails to provide the required evaluation within one year of termination, the employee can challenge the failure in court. The employee may request the annulment or modification of any inaccurate information found in the evaluation.

10. What are the legal consequences of unlawful termination of employment in Hungary?
In Hungary, if an employer unlawfully terminates an employee, they must compensate the employee for the damage caused by the illegal termination. The compensation may not exceed the employee’s twelve-month absence fee, and the employee may also be entitled to severance pay.

11. What compensation is due in the case of unlawful termination in Hungary?
In Hungary, if the employer unlawfully terminates the employment relationship, the employee is entitled to compensation for the damage caused. The compensation for lost income is capped at the employee’s twelve-month absence fee, and the employee may also claim severance pay.

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12. Can an employee demand severance pay after unlawful termination in Hungary?
Yes, in Hungary, an employee who has been unlawfully terminated is entitled to severance pay if they were not paid severance upon termination or if the termination did not follow the proper legal procedure. The severance pay depends on the employee’s length of service.

13. What happens if an employee unlawfully terminates their contract in Hungary?
In Hungary, if an employee unlawfully terminates their contract, they must compensate the employer for the damages caused. The compensation must not exceed the amount of the employee's absence fee for the notice period, and the employer may also claim additional damages.

14. Can an employee request the restoration of their employment after unlawful termination in Hungary?
Yes, in Hungary, if an employee believes their termination was unlawful, they can request the court to restore their employment. This is possible if the termination violated the requirement for equal treatment or the prohibition of rights abuse, or if the employee was a representative.

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15. What back wages are employees entitled to after their employment is restored in Hungary?
In Hungary, if the employee’s employment is restored after an unlawful termination, the period between the termination and restoration is considered as time spent in the employment relationship. The employee is entitled to back wages, other benefits, and any damages related to this period.

16. What are the grounds for immediate termination by an employee in Hungary?
In Hungary, an employee may immediately terminate their employment if the employer violates essential obligations intentionally or through gross negligence, or if the employer’s behavior makes maintaining the employment relationship impossible.

17. What are the grounds for immediate termination by the employer in Hungary?
In Hungary, the employer may immediately terminate the employee’s employment if the employee violates essential obligations intentionally or through gross negligence, or if the employee’s behavior makes maintaining the employment relationship impossible.

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18. How long does an employee have to exercise their right to immediate termination in Hungary?
In Hungary, an employee has 15 days from becoming aware of the reason for immediate termination to exercise this right. The employee must act within one year from the occurrence of the event that justified the immediate termination.

19. Can an employer revoke an immediate termination notice in Hungary?
In Hungary, if the employee notifies the employer of the reason for immediate termination, the employer has 15 days to revoke the termination notice in writing. If the employer fails to do so, the termination is considered legally valid.

20. What happens when an employee is terminated without notice in Hungary?
In Hungary, when an employee is terminated without notice, the employer is obliged to release the employee from work for at least half of the notice period. The employee is entitled to wages during this period unless otherwise stated in the employment contract.

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