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News on adendment of information act with the effect form 1 October, 2015

Company groups, Data protection, Medium-sized companies, News, Start-ups / / , , , , , ,

The act CXII of 2011 on information self-determination and freedom of information („Information Act”) has been amended with the effect of 1 October, 2015.

The amendments provide new possibilities regarding the forwarding of personal data to third countries as it is possible for the datacontroller to provide adequate level of protection to forward the data to third countries with the preparation and application of binding corporate rules („BCR”). It is a significant change also in the light of the recent EU Court decision on the invalidity of the Safe Harbour agreement.

Moreover to the significant amendments above the provisions of Information Act regarding the rights of affected people are amended as well and the amount of fine give by NAIH is also amended as it can be twenty million forints at the highest (instead of the prior ten million forints).
 

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

News on adendment of information act with the effect form 1 October, 2015 Read More »

On 1 November 2015 the new Hungarian Act CXLIII of 2015 on the Public Procurement has entered into force

Company groups, Medium-sized companies, News, Trade affairs / /

The new Hungarian Act CXLIII of 2015 on the Public Procurement has entered into force. The new Act implements and harmonise the national public procurement rules with EU public procurement directives. To all public procurement initiated after 1 November 2015 the new rules shall be applied.

 

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

 

On 1 November 2015 the new Hungarian Act CXLIII of 2015 on the Public Procurement has entered into force Read More »

News on the amendments of Act I of 2012 on the Labour Code

Employment, labour law, Medium-sized companies, News, Start-ups / / , , , , ,

According to the working paper available at the Government’s website, Act I of 2012 on the Labour Code (hereinafter referred to as the “Labour Code”) and other labour-related regulations – such as the Act III of 1952 on Civil Procedure, Act XCIII of 1993 on Labour Safety and Act LXXV of 1996 on Labour Inspection – are expected to be amended with effect from 1 January 2016. The planned amendments affect e.g. the regulations regarding the working place, termination and severance payments as well.

We will continuously inform you about the abovementioned amendments of the Labour Code if the single bill will become available.
 

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

News on the amendments of Act I of 2012 on the Labour Code Read More »

Training Session

Company groups, Employment, labour law, Medium-sized companies, News, Start-ups /

Dr. Marianna Csabai (CLVPartners) and Dr Natasa Randlova (Randl & Partners) held a joint training session in Prague to Czech HR managers who are responsible for the Hungarian HR management. The attendees has found very useful the interactive session where they learnt the differences between the Hungarian and Czech labour law and the major rules and daily practices.

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

Training Session Read More »

About the amendment of the adveristment tax act

News /

With regard to the inspection of the European Committee in connection with the Hungarian Advertisement Tax Act, among others the provisions of the Act on Advertisement Tax No 22 of 2014 have been amended. The amendments were approved by the Parliament on 27 May 2015 and the amendment act is currently before publishing.

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
H-1126 Budapest, Tartsay Vilmos u. 3.
Tel: + 36 1 488 7008
Fax: + 36 1 488 7009

About the amendment of the adveristment tax act Read More »

New Sunday allowance hase been in force since 26 March 2015

News /

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

New Sunday allowance hase been in force since 26 March 2015 Read More »

Pharmaceutical news – February 2015

News / / ,

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

Company groups, Employment, labour law, Medium-sized companies, News, Start-ups / / , , ,

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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The amendment of the Hungarian Labour Code Read More »

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