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New Sunday allowance hase been in force since 26 March 2015

The provisions of the Hungarian Labour Code concerning Sunday allowance have been amended based on the most recent decision of the Parliament.

As set out in Section 140 of the Labour Code, the amount of Sunday allowance is 50% of the employee’s salary. As mentioned in our respective Newsletter, simultaneously with the approval of the Act on Prohibition of Sunday work an amendment proposal to the Labour Code was also filed with the Hungarian Parliament. Several amendments were added to this amendment proposal and finally the Parliament adopted the respective amendment to the Labour Code on 17 March 2015.

Accordingly, section 140 of the Labour Code shall be amended so that those employees to whom the employer schedules ordinary work or who shall perform extraordinary work
– on “Advent” Sundays (four Sundays before Christmas) between 6 a.m. and 10 p.m.; on 24 and 31 December between 6 a.m. and 12 a.m. should these days be Sundays, and annually one Sunday – defined in the employer’s discretion – between 6 a.m. and 10 p.m. under the scope of the Act on Prohibition of Sunday work; as well as
– on Sundays in stores that class as retails stores in line with the most recent amendment to the Commercial Act
shall receive 50% Sunday allowance in addition to the currently applicable amount of the Sunday allowance (50%). This means altogether 100% Sunday allowance for the aforementioned working on Sundays, as set out above.

The aforementioned amendment shall not be applied to employers falling under Section 5-6 of the Act on Prohibition of Sunday work, e.g. bakeries and those “family stores” which are not larger than 200m2.

The amendments to the Labour Code and Commercial Act shall enter into force on the day after their publication in the Hungarian Official Gazette, i.e. from 27 March 2015.

Should you have any questions regarding the above, please feel free to contact us.
Dr Marianna Csabai  Dr Boglárka Kricskovics-Béli  Dr Nóra Óváry-Papp
H-1126 Budapest, Tartsay Vilmos u. 3.
Tel: + 36 1 488 7008
Fax: + 36 1 488 7009

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Pharmaceutical news – February 2015

From 1 February 2015 the Decree No. 3 of 2009 (Febr. 25) of the Minister of Health on detailed regulations regarding promotion of medicines for human use and therapeutic medical devices, registration of promotional representatives, commercial practices regarding medicines, therapeutic medical devices against consumers („Decree”) is amended. In the present Newsletter we summarize the amending provisions of the Decree.
I. Amending provisions regarding the qualification of promotional representatives

According to the transformation of higher education system, the provision defining the requirements of promotional representatives’ quilification is amended, based on which ,instead of the medical college degree, the Decree requires BA degree – detailed below – of any discipline of medicinal or health science training or any branch of health science training, naturally in addition to the qualification of doctor, dentist, pharmacist and chemist.

II. Amendment of regulations of providing free allocation of medicinal samples

The regulations on providing the free pharmaceutical samples are amended and from 1 February not only the promotional representative during its promotion may provide free medicinal samples to the HCPs, but the wholesaler are also entitled to deliver the samples.

The wholesalers shall also record the handover of the free sample.The content elements are not affected by this amendment.
In case of health-care provider the wholesaler shall hand over medicinal samples to the chief pharmatist and shall hand over one copy of the record.

Should you have any further queries in connection with the amendments above, we are pleased to assist you.
H-1126 Budapest, Tartsay Vilmos u. 3. Tel: + 36 1 488 7008 Fax: + 36 1 488 7009

Pharmaceutical news – February 2015 Read More »

The amendment of the Hungarian Labour Code

With the effective date of 01 January 2015 some provisions the Labour Code (Act No 1 of 2012) have been amended, as follows:
According to the previous provisions, based on the respective request of an employee, an employer was obliged to amend the working time of the employee to part time (half of the general full working time) provided that his or her child was younger than the age of three. From 01 January 2015 on, this provision has been extended so that if an employee is caring for three or more children, the obligation concerning the amendment of the working time to part time employment shall be applied until the age of five of the child. As this new rule introduced the definition of the “employee caring for three or more children”, the Labour Code now includes the definition of the employee who shall belong to the above category. Accordingly, an employee caring for three or more children shall be, any person who as a parent – within the meaning of the Act on Family Support –
i. is eligible for family allowance and receives or received childcare fee or childcare allowance, or
ii. received or receives child-rearing allowance.

The rules concerning the eligibility for annual leave have also been amended, accordingly an employee shall accrue holidays during the entire term of the sick leave, i.e. the previously applied 30 days limit have been abolished from the Labour Code.

According to the amendments, the employment contract of an executive employee cannot deviate from the provisions set out in Section 65 (3) a), b) and e) of the Labour Code. This means that employees receiving treatment related to a human reproductive procedure as specified in law (i.e. employees are protected during the treatment for a maximum of six months from the date the treatment begins) shall be considered as protected employees and therefore, the employer cannot terminate their employment during this period. (The termination protection rules set out in Section 65 (3) a) and b) of the Labour Code have already been applicable also to executive employees even before 01 January 2015.) The parties cannot deviate from this provision even with their consent in the frame of the employment contract.

Should you have any questions regarding the above, please feel free to contact us.

Dr. Marianna Csabai
Dr. Boglárka Kricskovics-Béli
Dr. Nóra Óváry-Papp

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