The Act No. XXII of 2012 on the Labour Code (Munka Törvénykönyve, hereinafter referred to as the Labour Code) is the primary legislation governing employment in Hungary. It was established with traditional office work in mind and does not specifically address remote work (teleworking). However, employers and employees can leverage existing legal principles to establish remote work arrangements.

Employment Contract

The contract between employer and employee should clearly define the nature of the work arrangement, including whether it's remote, full-time, part-time, etc. This helps manage expectations and clarifies responsibilities (Articles 14 & 15, Labour Code).

Work Hours and Compensation

Standard work hours (40 hours/week) and minimum wage requirements as stipulated in the Labour Code still apply to remote workers. Employers need to establish clear communication channels and effectively track work hours (Articles 87 & 90, Labour Code).

Health and Safety

While traditional office safety regulations may not directly translate, employers still have a duty to ensure a safe work environment, even for remote employees. This could involve providing ergonomic guidelines and recommendations for home office setups (Article 93, Labour Code).

Technological Infrastructure

Reliable technology is crucial for successful remote work. Employers and employees should consider connectivity, communication tools, and equipment. Hungary boasts a well-developed internet infrastructure in major cities. However, connectivity can vary in rural areas. Employers might need to assess individual situations and potentially offer solutions like internet stipends.

Employer Responsibilities

In the absence of specific regulations, employers have a responsibility to establish clear guidelines and best practices for remote work. This includes policy development, training and support, performance management, and fostering a positive workplace culture.

Additional Considerations

Employers should be mindful of potential challenges employees might face regarding work-life balance in a remote work environment. Remote work can lead to feelings of isolation. Employers can offer resources and support to promote employee well-being.

Part-time work is recognized in the Labour Code (Act No. XXII of 2012) of Hungary, allowing employees to work less than the standard 40-hour workweek with proportional adjustments to salary and benefits. The Labour Code doesn't mandate specific equipment or expense reimbursements for part-time workers. However, employers can outline expectations in contracts or negotiate on a case-by-case basis.

Flexitime

There are no legal regulations specific to flexitime arrangements in Hungary. However, employers can implement flexitime policies through agreements with employees. This could involve offering core working hours with some flexibility in start and finish times. Reimbursements for equipment or internet access in a flexitime arrangement would be determined by the employer based on the specific role and responsibilities.

Job Sharing

The Labour Code doesn't explicitly address job sharing. However, employers can establish such arrangements through contracts with two or more employees. This would involve splitting a full-time position's responsibilities and workload. Reimbursement policies for equipment or internet access would likely be similar to part-time roles, potentially with some adjustments depending on the job sharing agreement and responsibilities assigned to each employee.

Challenges and Considerations

Hungary's internet infrastructure, while well-developed in major cities, can be limited in rural areas. Employers might need to consider solutions like internet stipends for remote workers. The lack of specific regulations for flexible work arrangements necessitates clear communication and well-defined contracts to manage expectations and responsibilities.

Data protection and privacy are critical considerations for employers and employees in remote and flexible work settings. Key legislation such as Act CXII of 2011 on Informational Self-determination and Freedom of Information (Infotörvény) outlines principles for collecting, using, and disclosing personal data. Employers must comply with the Infotörvény regarding employee data, especially when facilitating remote work arrangements.

Employer Obligations: Safeguarding Data in a Remote Setting

The contract between employer and employee should clearly define data protection protocols, acceptable use of technology, and employee responsibilities for data security. Employers have a duty to implement reasonable security measures to safeguard employee data and company information. This includes encryption, access controls, and employee training on cybersecurity best practices. Employers should be transparent with remote employees about what data is collected for work purposes, how it's used, and with whom it's shared.

Employee Rights: Maintaining Privacy While Working Remotely

Employees have the right to access their personal data held by the employer and request corrections if necessary. They have a right to expect their personal data to be kept confidential and used only for legitimate work purposes. Employees may have the right to object to the use of their data for specific purposes, especially for marketing or profiling.

Importance of Clear Communication

A formal policy outlining data protection protocols, acceptable use of technology, and employee responsibilities can help manage expectations and ensure compliance with the Infotörvény. Providing training on data security best practices, identifying phishing attempts, and proper handling of sensitive information empowers employees to protect their data and the company's information systems.

Best Practices for Secure Remote Work

Implementing strong password policies and requiring regular password changes minimizes unauthorized access. Encrypting sensitive data, both at rest and in transit, adds an extra layer of security. Encouraging employees to maintain separate work and personal devices and accounts minimizes the risk of data breaches on personal devices. Establishing clear procedures for reporting data breaches or suspected privacy violations allows for prompt investigation and remediation.