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1、Act I of 2012on the Labor CodePART ONEGENERAL PROVISIONSChapter IIntroductory Provisions1. ObjectiveSection 1This Act lays down the fundamental rules for decent work according to the principle of free enterprise and the freedom of employment, taking into account the economic and social interests of

2、employers and workers alike.2. ScopeSection 2(1) This Act covers:a) employers;b) workers;c) employers interest groups;d) works councils; ande) trade unions.(2) This Act shall apply to:a) user enterprises (Chapter XVI);b) beneficiaries of services provided by school cooperatives (Chapter XVII).Sectio

3、n 3(1) The provisions of this Act shall apply having regard to the rules of international private law.(2) Unless otherwise provided for, this Act shall apply to persons who normally work in Hungary.(3) Chapters XIX and XX of this Act shall apply if the employers registered office or independent esta

4、blishment is located in the territory of Hungary.Section 4The provisions of this Act pertaining to young workers shall also apply mutatis mutandis to the employment of persons under the age of eighteen within a non-employment relationship.3. Interpretation principlesSection 5(1) The provisions of th

5、is Act shall be interpreted in accordance with the legislation of Hungary and the European Union.(2) Agreements which waive or restrict the rights of a person cannot be broadly construed.4. Common rules of conductSection 6(1) Employment contracts shall be executed as it might normally be expected in

6、 the given circumstances, unless any legal provision exists to the contrary.(2) In exercising rights and discharging obligations, the parties involved shall act in the manner consistent with the principle of good faith and fairness, they shall be required to cooperate with one another, and they shal

7、l not engage in any conduct to breach the rights or legitimate interests of the other party.(3) Employers shall take into account the interests of workers under the principle of equitable assessment; where the mode of performance is defined by unilateral act, it shall be done so as not to cause unre

8、asonable disadvantage to the worker affected.(4) The parties falling within the scope of this Act shall inform each other concerning all facts, information and circumstances, and any changes therein, which are considered essential from the point of view of employment relationships and exercising rig

9、hts and discharging obligations as defined in this Act.Section 7Wrongful exercise of rights is prohibited. For the purposes of this Act wrongful exercise of rights means, in particular, any act that is intended for or leads to the injury of the legitimate interests of others, restrictions on the enf

10、orcement of their interests, harassment, or the suppression of their opinion.Section 8(1) During the life of the employment relationship, workers shall not engage in any conduct by which to jeopardize the legitimate economic interests of the employer, unless so authorized by the relevant legislation

11、.(2) Workers may not engage in any conduct during or outside their paid working hours that - stemming from the workers job or position in the employers hierarchy - directly and factually has the potential to damage the employers reputation, legitimate economic interest or the intended purpose of the

12、 employment relationship. The actions of workers may be controlled as defined in Subsection (2) of Section 9. When exercising such control, the workers affected shall be informed in writing in advance.(3) Workers may not exercise the right to express their opinion in a way where it may lead to causi

13、ng serious harm or damage to the employers reputation or legitimate economic and organizational interests.(4) Workers shall maintain confidentiality in relation to business secrets obtained in the course of their work. Moreover, workers shall not disclose to unauthorized persons any data learned in

14、connection with their activities that, if revealed, would result in detrimental consequences for the employer or other persons. The requirement of confidentiality shall not apply to any information that is declared by specific other legislation to be treated as information of public interest or publ

15、ic information and as such is rendered subject to disclosure requirement.5. Protection of personal rightsSection 9(1) The personal rights of parties falling within the scope of this Act shall be respected.(2) The personal right of workers may be restricted if deemed strictly necessary for reasons di

16、rectly related to the intended purpose of the employment relationship and if proportionate for achieving its objective. The means and conditions for any restriction of personal rights, and the expected duration shall be communicated to the workers affected in advance.(3) On general principle, worker

17、 may not waive their personal rights in advance. Any legal statement concerned with the personal rights of a worker shall be formally valid if made in writing.Section 10(1) A worker may be requested to make a statement or to disclose certain information only if it does not violate his personal right

18、s, and if deemed necessary for the conclusion, fulfillment or termination of the employment relationship. An employee may be requested to take an aptitude test if one is prescribed by employment regulations, or if deemed necessary with a view to exercising rights and discharging obligations in accor

19、dance with employment regulations.(2) Employers shall inform their workers concerning the processing of their personal data. Employers shall be permitted to disclose facts, data and opinions concerning a worker to third persons in the cases specified by law or upon the workers consent.(3) In the int

20、erest of fulfillment of obligations stemming from an employment relationship, the employer shall be authorized to disclose the personal data of a worker to a data controller as prescribed by law, indicating the purpose of disclosure, of which the affected worker shall be notified in advance.(4) Info

21、rmation and data pertaining to workers may be used without their consent for statistical purposes and may be disclosed for statistical use in a manner that precludes identification of the workers to whom they pertain.Section 11(1) Employers shall be allowed to monitor the behavior of workers only to

22、 the extent pertaining to the employment relationship. The employers actions of control, and the means and methods used, may not be at the expense of human dignity. The private life of workers may not be violated.(2) Employers shall inform their workers in advance concerning the technical means used

23、 for the surveillance of workers.6. Principle of equal treatmentSection 12(1) In connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed. Remedying the consequences of any breach of this requirement may not result in any

24、violation of, or harm to, the rights of other workers.(2) For the purposes of Subsection (1), wage shall mean any remuneration provided directly or indirectly in cash or in kind, based on the employment relationship.(3) The equal value of work for the purposes of the principle of equal treatment sha

25、ll be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labor market conditions.7. Employment regulationsSection 13For the purposes of this

26、Act, employment regulations shall mean legislation, collective agreements and works agreements, and the binding decisions of the conciliation committee adopted according to Section 293.Chapter IILegal acts8. AgreementsSection 14Contracts concluded under this Act constitute the outcome of an agreemen

27、t resting on mutual consent of the parties.9. Unilateral acts, statementsSection 15(1) Rights or obligations may derive from unilateral acts only in cases defined by employment regulations.(2) Exercising the right of withdrawal as provided for in employment regulations or by agreement of the parties

28、 shall terminate the agreement retroactively to the date of conclusion. In the event of withdrawal the parties shall settle accounts.(3) The provisions on agreements shall also apply to unilateral acts.(4) A unilateral act shall take effect upon delivery to the recipient and - unless otherwise provi

29、ded for in this Act - it may be amended or withdrawn only upon the recipients consent.(5) As regards any statement made in the execution of the agreement, other than legal acts, and employers acts relating to the management of work processes, these shall be governed by the provisions of Sections 20-

30、26.10. CommitmentsSection 16(1) Under unilateral commitments (hereinafter referred to as “commitment”) the carrying out of the commitments entered into may be demanded irrespective of the beneficiarys acceptance. Workers shall be allowed to undertake a statement of commitment only where expressly pr

31、ovided for by employment regulations.(2) A commitment may be amended to the beneficiarys detriment, or may be terminated effective immediately in the event of subsequent major changes in the circumstances of the person making the commitment whereby carrying out the commitment is no longer possible o

32、r it would result in unreasonable hardship.(3) Furthermore, the provisions governing unilateral acts shall also apply to commitments, with the exception that the obligor shall not claim invalidity of his legal act, alleging that it was not served upon the beneficiary or that it was served improperly

33、.11. Employers internal policySection 17(1) Employers shall be able to implement the legal acts referred to in Sections 15-16 by means of internal rules established of its own accord or by way of a procedure formulated unilaterally (hereinafter referred to as “employers internal policy”).(2) The emp

34、loyers internal policy shall be considered delivered if published by means considered customary for, and commonly known in, the area.12. InformationSection 18(1) The provisions on legal acts shall apply where the obligation to provide information is prescribed by employment regulations upon either o

35、f the parties. Unless otherwise provided for by employment regulations, information shall be provided at a time and in a manner to permit the exercise of rights and the fulfillment of obligations.(2) Information shall be considered provided if published by means considered customary for, and commonl

36、y known in, the area.13. ConditionsSection 19(1) The parties may render the conclusion, amendment or termination of the agreement contingent upon certain future, uncertain events (conditions). Any condition that would alter the employment relationship to the disadvantage of workers, or that would br

37、ing about the termination of the employment relationship may not be applied.(2) Any condition that is contradictory, impossible or unintelligible shall be considered invalid, in which case the agreement shall be treated as if does not contain the condition in question.(3) As long as a condition is p

38、ending, the parties shall refrain from taking any action that would impair the other partys right that is contingent upon that condition. Neither of the parties may allege the realization or frustration of the condition if it results from the partys wrongful conduct.Chapter IIIMeans of Legal Acts14.

39、 RepresentationSection 20(1) The person exercising employers rights shall be entitled to take legal acts on the employers behalf.(2) The rules for exercising employers rights shall be laid down - within the framework of law - by the employer.(3) If employers rights are exercised by a person (body, o

40、rgan) other than the one authorized thereto, his actions shall be deemed null and void, unless the person upon whom such rights are vested approved the legal act. A legal act shall be considered valid in the absence of approval if the worker concerned could reasonably infer from the circumstances as

41、 to the authority of the acting person.(4) An employer may allege that its representative exceeded his vested competencies if the worker concerned could not reasonably infer from the circumstances as to the authority of the acting person.Section 21(1) Workers shall take legal acts in person. However

42、, workers shall be entitled to take legal acts also through an authorized representative by means of a power of attorney made out in writing. No power of attorney is required if a worker is represented by his close relative insofar that the worker is unable to execute the legal act in person. In cas

43、e of dispute the reason for the workers absence shall be verified.(2) The employer shall proceed according to the legal act made by the worker if there is any discrepancy between the legal acts made by the worker and by his representative referred to in Subsection (1).(3) A worker, unless the scope

44、of representation is clearly defined as to limits, may not allege that its representative exceeded his vested competencies.(4) The consent of the legal representative is required for the legal acts of persons of limited legal capacity relating to the conclusion, amendment or termination of an employ

45、ment contract, or to undertaking commitments.(5) Legal acts on behalf of incompetent persons shall be made by the legal representatives.15. Formal requirementsSection 22(1) Legal acts may be made without particular formal requirements, unless otherwise provided for by employment regulations or by ag

46、reement of the parties. Upon the employees request, legal acts shall be made in writing by the employer where this is not otherwise mandatory.(2) A legal act shall be construed to have been made in writing if executed by means of an electronic document with facilities for retrieving the information

47、contained in the legal act unaltered, and for identifying the person making the legal act and the time when it was made (hereinafter referred to as “electronic document”).(3) Where an agreement had to be made in writing, any amendment thereto and termination thereof shall also be executed in writing

48、.(4) Unless otherwise provided for in this Act, any legal act made in violation of formal requirements shall be construed invalid. The legal consequences of invalidity shall not apply to any legal act that has been executed upon the parties mutual consent.(5) As regards the unilateral acts of employ

49、ers the reasons must be provided in writing in cases defined by this Act, and workers affected shall be properly informed concerning the means of enforcement of a claim and also of the time limit available, if shorter than the term of limitation. In the event of failure to provide information as to the time limit, the claim may not be enfo