In order to respond quickly to the challenges caused by the pandemic in the workplaces, the Hungarian Government introduced temporary regulation on teleworking in 2020. Since these provisions are applicable only during the state of emergency, the modification of the Labour Code and the Act on Safety at Work are on agenda with the aim of clarifying the provisions on teleworking on a permanent basis. The proposed modification is in line with the rules on teleworking specified in the Government decrees currently in force.
The new statutory regulation will abolish the distinction between ‘telework’ and ‘home office’, since it will provide that the provisions on telework should uniformly apply if the employee works wholly or partly in a place other than the employer’s site. The parties must stipulate in the employment contract that the employee works within the framework of telework. Unless the parties agree otherwise, the employer’s right to give instructions will only cover the employer’s possibility to stipulate the employee’s tasks; and the employee will be allowed to work at the employer’s site for no more than one third of the working days. If the employee performs his work on an IT device, the employer will be obliged to inform the employee about the health and safety rules, and the employee should choose his place of work in accordance with the employer’s instructions. The employers may provide to the employees a tax-free lump sum compensation for the utility fees increased due to the teleworking.
By Eszter Ila-Horvath, Attorney at Law, KCG Partners Law Firm
