Important and/or distinctive aspects of recruitment legislation in Hungary

Recruitment

Although there are no specific provisions in the Labour Code regarding recruitment, Hungarian date protection legislation significantly affects the recruitment processes. In any kind of data processing of candidates shall be registered with the Hungarian Data Protection Authority. Proper and voluntarily signed consents must also be kept confidential from each candidate. 

Background checks

Pursuant to the Data Protection Act, personal data may only be used and obtained with the consent of the data subject or if permitted by law. An employer may ask a job applicant for criminal records but only if this information is relevant for the position. The employer may not obtain such records directly from the relevant authority. Security checks may be conducted if they are required for the specific position. The employer will be authorised to process the personal data obtained until either candidate's application is rejected or until employment is terminated.

Medical checks

An employer may request a medical examination only if the applicant’s physical condition is relevant for the role in question. Medical examinations require the applicant’s consent. Employers cannot ask candidates to take a pregnancy test or confirm their pregnancy status, unless it is required by law or is relevant for the position in question. An employer may refuse to hire an applicant who does not agree to an examination if the examination is relevant for the position.

Criminal record checks

An employer may ask a job applicant for information regarding their criminal record but only if the information is relevant for the position.

Visas and permits

Individual work permits are usually valid for a maximum of 2 years with the option of extension for another 2 years. 

Social media checks

Such checks are permitted, but given the need for approval for storage of personal data, employers should tell candidates prior to such searches that searches will being made and any information sought should be relevant to the job in question.

TABLE CONTAINING JURISDICTION BY JURISDICTION ANALYSIS (PDF)