The Hungarian Parliament has amended (Act CIII of 2013) the new Labour Code (Act I of 2012). Most of the amendments will come into force on 1 August 2013.
The primary purpose of the amendments is to change the rules how to calculate the absence pay (távolléti díj), including the details of the elements of the calculation, applying the normal working schedule (általános munkarend) for the calculation (instead of using a fixed division with 174 hours). This will solve the issue that employees received a lower absence pay in shorter calendar months, forcing staff to take leave in longer months.
In addition to the calculation of the absence fee, the amendments affect other important rules, as examples:
- The rules concerning the flexible working time are clarified; on one hand, only cases when the employee receives a complete discretion to allocate the working time will considered as flexible working time (kötetlen munkarend). On the other hand, the rules are supplemented to clarify that if certain tasks have to be completed at a designated time, this will not affect the flexible working time status.
- Paternity leave will not be pro-rated even if the employment relationship commenced or terminated during the given calendar year.
- The contractual option to transfer leave to the next year will be reduced and the option will cover only the additional statutory leave granted on the basis of the employee's age. In addition, the agreement to roll over part of the annual leave has to be renewed on an annual basis.
- The new rules will provide two options how to allocate annual leave in case of unequal working time schedule where the working hours fluctuate (egyenlőtlen munkaidő-beosztás).
- The amendment changes the rules how a certain part of the monthly base salary shall be calculated. Instead of dividing the amount with 174 hours to calculate the hourly base salary, the new rule uses the average work order.
- Certain amendments will be implemented regarding the statutory allowances (bérpótlék). As an example in certain cases the employees will be entitled to an additional 50% allowance in case of overtime done on a Sunday. Overtime allowances are additional to the normal salary due for normal working time resulting that the employee will be entitled to the statutory allowances due for normal working time (e.g. for working on a national holiday) as well.
- The rules how the salary shall be calculated if the employment relationship terminates before the end of the working time frame (munkaidőkeret) will also apply to cases when there is no working time frame but the employment relationship terminates during the month.