Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Hungary: Public authorities information and consultation on dismissals
Phase
Act I of 2012 on the Labour Code
Native name
2012. évi I. törvény a Munka Törvénykönyvéről
Type
Public authorities information and consultation on dismissals
Added to database
08 May 2015
Article
Articles 72 (5), 74, 75 (2); 85 (2)
Description
The employer shall notify the government employment agency of its intention regarding collective redundancies and of the details and aspects of collective redundancies as negotiated with the works council and shall supply a copy thereof to the works council. Collective dismissals are defined as those affecting at least 10 workers in companies with 21-99 employees, 10% of workers in companies with 100-299 employees, and at least 30 workers in companies with 300 or more employees.
Regarding the intention of collective redundancies, the employer shall notify in writing the government employment agency of its decision at least 30 days prior to delivering the notice of dismissal. This notification shall contain:
the identification data;
the job position; and
the qualification of the employees to be made redundant.
The employer shall negotiate on collective redundancies with the works council. The agreement concluded between the employer and the works council in the course of these negotiations shall be made in writing, and a copy shall be sent to the government employment agency (regarding the content of the negotiations and the agreement (see ’Staff information and consultation on collective dismissals’).
Furthermore, the employer shall notify in writing the workers affected from the decision regarding collective redundancies at least 30 days prior to delivering the notice of dismissal or the dismissal without notice as defined in the law. The notice of dismissal or the dismissal without notice may be delivered after 30 days following the time of notification. The notification shall be sent to the works council and the government employment agency as well.
Any notice of dismissal delivered in violation of the above regulations regarding the notification of workers affected shall be considered unlawful.
Commentary
A modification from 2017 foresees that, in the event of collective dismissals affecting the crew of a sea ship, the employer has to inform the competent authority of the nation of the ship.
Additional metadata
Cost covered by
None
Involved actors other than national government
Public employment service
Works council
Involvement (others)
None
Thresholds
Affected employees: 10 Company size: 21 Additional information: No, applicable in all circumstances
Eurofound (2015), Hungary: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/hungary
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