Amendments to Labor Code to Implement GDPR

New Legislation Enacted

Author: Zoltán Csernus, Attorney-at-Law - VJT & Partners Law Firm

Recent amendments to the labor code implement the GDPR. From a practical point of view, some of these measures were already in place. The use of biometric entry systems (such as fingerprint authentication) is prohibited, with some limited exceptions (for example, to protect the employees’ physical integrity and health; or to safeguard dangerous material or assets of exceptionally high value). Moreover, it is now clear that, prior to monitoring work devices (such as e-mail, laptop or internet use), the employer must provide a written notice to employees, outlining why such measures are necessary and proportionate in comparison to the limitation on employee’s privacy rights. Likewise, an employer may request criminal background information from an employee only under very limited circumstances.

Risks of a Too-Long Compliance Procedure

Precedential Decision by Judiciary or Regulatory Agency

Author: Zoltán Csernus, Attorney-at-Law - VJT & Partners Law Firm

The Supreme Court ruled that the statutory 15-day deadline to terminate employment with immediate effect for a serious breach must be complied with, even in a case when the employer’s competent compliance personnel are on annual vacation or too busy. In the given case, the employer received information from the police on an investigation against one of its employees in June, and the employer’s internal compliance department dragged on with the internal audit during the summer, thus breached the statutory 15-day deadline. This deadline commences when the employer’s competent body receives the necessary information to decide on the termination of the employment.

Basing Salaries on Age is Discriminatory

Precedential Decision by Judiciary or Regulatory Agency

Author: Zoltán Csernus, Attorney-at-Law - VJT & Partners Law Firm

The Supreme Court ruled that the employer cannot discriminate between employees in terms of their salaries based on their age. The employer cannot pay higher salary to a younger employee (in our case to a personal assistant) if the younger and the older employee perform the same work and the only difference between them is the age.