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Immigration law

Hungary’s guest worker ban – What does the June 5 amendment mean for employers?

Reading time: 7 minutes

Introduction

The employment of foreign workers has become one of the most frequently raised economic and employment policy issues in Hungary’s election campaign. The Tisza Party has already indicated in its election programme that, if it comes to power, it would introduce a “guest worker ban” effective as of 1 June 2026, with the aim of limiting the influx of workers from third countries and providing greater protection for the Hungarian labour market.

As a result, the Government adopted Government Decree No. 92/2026 (VI. 5.) amending Government Decree No. 450/2024 (XII. 23.) on the employment of guest workers in Hungary (“Amendment”), which entered into force on 6 June 2026 and introduced significant changes to the regulation of guest worker employment in Hungary.

The measure is often referred to in the press as a “guest worker stop”, but the actual content of the Amendment is more nuanced than that. Below, we summarize exactly what changes the legislator has made, who is affected by the Amendment, and what options remain for employers.

Who qualifies as a guest worker, and who is affected by the current amendment?

First of all, it is important to clarify who qualifies as a guest worker and exactly whom the Amendment affects. Under the Act on the Entry and Residence of Third-Country Nationals (“Immigration Act”), the term “guest worker” is a collective term denoting a specific category of persons. Accordingly, a third-country national is classified as a guest worker if they hold a specific type of permit (permit for seasonal employment, permit for the purpose of employment, permit for the purpose of implementing an investment project, or permit for the purpose of guest working) for the purpose of long-term residence and employment in Hungary.

In other words, the guest worker residence permit is a specific type of permit designated in the Immigration Act. This permit was intended specifically for the employment of third-country workers of certain nationalities by specific employers (preferential employer or certified temporary work agency).

It therefore follows from the above that the terms “guest worker” and “guest worker permit” refer to two entirely different approaches and concepts, which have understandably caused a great deal of confusion in recent times. However, it is important to note at this point that the Amendment does not affect guest workers, but rather exclusively the category of guest worker residence permits, and does not generally eliminate the possibility of employing third-country workers in Hungary.

Guest worker ban – What does the Amendment entail?

The practical effect of the Amendment is that, as of 6 June 2026, it will no longer be possible to apply for a new guest worker residence permit.

However, the amendment did not permanently repeal the provisions governing guest worker residence permits. The government implemented the ban through a technical solution: it currently does not designate any third countries whose citizens would be eligible to apply for a guest worker residence permit in Hungary.

The Amendment, therefore, does not constitute a comprehensive ban on the employment of foreign workers, but rather eliminates the applicability of a specific type of permit. As a result, temporary work agencies and employers that have primarily employed third-country workers under this arrangement will face significant restrictions when bringing in new workers.

Transitional provisions

The legislator has introduced detailed transitional provisions to ensure that employees already working in Hungary and pending administrative procedures are not adversely affected overnight.

Employees who, on 5 June 2026, already hold a valid guest worker residence permit may continue to:

reside and work in Hungary in accordance with the terms of their existing permit; and

apply for the extension of their permit or, in certain cases, for its reissuance under the previously applicable rules.

Similarly, applications submitted on or before 5 June 2026, for which the relevant administrative fee has also been paid, will benefit from more favourable transitional treatment. Applications for the issuance or extension of a guest worker residence permit in such cases must continue to be assessed under the rules that were in force prior to the entry into force of the Amendment.

In practice, this means that the Amendment primarily affects new applicants, while the majority of existing permit holders and pending cases may continue to be administered under the previous regulatory framework.

Outlook and Alternative Options

While the Amendment introduces a significant change to the Hungarian labour market, it does not entirely eliminate the possibility of employing third-country nationals in Hungary.

First, it is important to note that the current changes do not affect other types of residence permits. Where an employer continues to have a need for foreign labour, it is advisable to assess on a case-by-case basis whether another legal basis may be available for the employee concerned, such as a residence permit for employment purposes, a Hungarian Card, or an EU Blue Card.

Particular attention should be paid to the fact that the legislation does not expressly exclude the use of temporary agency work arrangements. Accordingly, it may still be possible, at least in principle, to employ third-country nationals under a residence permit for employment purposes within a labour leasing structure. However, the official interpretation and enforcement practice of the authorities in this respect are not yet known. Therefore, a separate legal assessment is recommended before implementing such arrangements.

It should also be borne in mind that the legislator has indicated that further amendments may follow. As a result, the regulatory framework may continue to evolve in the coming months, requiring employers to monitor developments closely.

At present, the most important practical recommendation for employers is to carefully manage the status of their existing foreign workforce in Hungary, ensure that any necessary permit extensions are submitted in a timely manner, and explore the alternative immigration routes that may remain available.

Our firm continues to monitor developments closely and remains at our clients’ disposal to assist with any questions regarding the employment of foreign nationals in Hungary.

Photo source: pexels.com, Ammy Singh

Hungary’s guest worker ban – What does the June 5 amendment mean for employers? Read More »

Changes to the rules on the employment of guest workers in connection with investments

As of 1 July 2025, the rules on prior group employment approval and residence permits for employment for the purpose of investment will change. The main novelty is that the implementation of the investment will be divided into two phases, preparation and installation, and the permit granting process will be adapted accordingly. In this newsletter, we provide an overview of the conditions under which third-country nationals can be employed in Hungary in the course of various investments and how the permit procedures should be handled.

Conditions of employment for investment purposes

Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals (the “Third-Country Nationals Act“) allows for the employment of guest workers for investment purposes. Within this framework, a residence permits for employment for the purpose of investment may be granted to a guest worker whose purpose is to perform actual work in an employment relationship in order to implement an investment with an employer who has concluded an agreement or contract with the Minister of Foreign Affairs and Trade in order to implement this investment and the employer has a prior approval for group employment as defined by law (“Employment Approval “). Before applying for a residence permit for a guest worker, the employer must therefore first obtain prior approval for group employment.

Prior group employment approval

Under the new legislation, which will enter into force on 1 July, the investment is divided into two phases for the purposes of authorisation: the preparatory phase, which involves the preparation, construction and bringing into use of the investment, and the installation phase, which involves the operation of the units already in use and the training of the personnel.

The application for the Employment Approval for the preparatory phase of the investment is submitted by the investor in order to be able to employ more third-country nationals during the implementation of the investment. The application is assessed by the Minister of National Economy, who examines the business plan of the investment, the number of third-country nationals to be employed, their job (by FEOR codes) and the distribution of the employees between the main contractors and subcontractors. The application must specify the details of the investor, the main contractor and the subcontractor. The competent government office will also be involved in the procedure in order to examine the labour market situation in the region with regard to the available Hungarian labour force. The Employment Approval can be valid for the entire duration of the investment, up to a maximum of three years. During the period of the Employment Approval, any deviations from its provisions, such as the identity of the main contractors and subcontractors, the job of third-country nationals (by FEOR codes) and their distribution, must also be approved by the Minister of National Economy.

The application for the Employment Approval for the installation phase of the investment may be submitted during the period of the Employment Approval for the preparatory phase or from the day after its expiry. It may only be requested for the stage of the project for which installation is required. As with the application for the preparatory phase, the assessment is the responsibility of the Minister of National Economy and the procedure must also specify the number of third-country nationals to be employed, their job (by FEOR codes), the names of the main contractors and subcontractors and the distribution of the employees. For this phase, the competent government office will also examine the valid labour needs. The Employment Approval may be valid until the investment is put into operation, but for a maximum period of one year. As with the rules for the preparatory phase, any deviations from the provisions of the Employment Approval during the period of the Employment Approval, such as the identity of main contractors and subcontractors, the work of third-country nationals (by FEOR codes) and their distribution, must also be approved by the Minister of National Economy.

Employment of guest workers

Guest workers may be employed under a residence permit for employment for the purpose of investment. The residence permit may be granted to guest workers who carry out the work for remuneration and for the realisation of the investment. In addition to the general requirements, to the application for a residence permit must be attached the Employment Approval and proof of an agreement with the Minister of Foreign Affairs and Trade. In the case of the Paks Nuclear Power Plant and the Budapest-Belgrade railway line projects, the legislation provides for preferential treatment, and the employer does not need to attach the agreement issued by the Minister of Foreign Economic Affairs if it is a general contractor or subcontractor under the relevant legislation.

When applying, the employer must enclose, as proof of the suitability of the accommodation, the official permit for the establishment of the accommodation and proof of the number of persons the property can accommodate. If the employer does not provide accommodation for guest workers on the site of the project, in an area separate from the local population, the permit may be refused.

A residence permit issued for employment for the purpose of investment based on an Employment Approval for the preparatory phase of the investment is valid until the investment is carried out, but for a maximum of 3 years, while a residence permit issued for employment for the purpose of investment based on an Employment Approval for the installation is valid until the investment is put into operation, but for a maximum of 1 year and counts towards the number of permits determined annually.

With this permit, the guest worker cannot apply for a residence permit under any other title and is not entitled to a national residence card.

The fixed duration of the employment relationship should be determined with reference to the period of validity of the residence permit issued.

Obligations of the employer

The employer is obliged to ensure that the employees are properly accommodated and that the guest worker holding a residence permit for employment for the purpose of investment leaves Hungary no later than on the sixth day following the termination of the employment relationship, in the event of termination of the employment relationship, and in the event of a breach of this obligation the authority shall impose a fine of HUF 5 million on the employer. The employer may be exempted from the fine if it can prove that it has taken all the measures it could reasonably be expected to take.

Summary

The legal framework for the employment of guest workers in Hungary is strictly regulated and the new legislation coming into force from 1 July 2025 will change the framework for the employment of guest workers for investment purposes. The division of the authorisation procedures into two separate phases – the preparatory and the installation phase – and the detailed regulation of the employer’s obligations require considerable administrative and legal preparation on the part of investors and employers.

It is therefore of the utmost importance that employers familiarise themselves with the new requirements in time and comply fully with them, also in view of the severity of the sanctions. Timely and professionally sound legal advice can help to ensure compliance, smooth authorization procedures and avoid fines.

Image source: Anamul Rezwan, Pexels.com

Changes to the rules on the employment of guest workers in connection with investments Read More »

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