Navigating employment regulations in a new country can be complex, particularly when it comes to understanding local working time laws. Hungary has specific legal frameworks governing standard working hours, overtime, rest periods, and other related aspects of employment, designed to protect employee well-being and ensure fair labor practices. Employers operating in Hungary, or those employing individuals there, must adhere strictly to these regulations to maintain compliance and avoid potential legal issues.
Understanding the nuances of Hungarian working time law is essential for effective workforce management and ensuring a positive working environment. These rules dictate not only the maximum hours an employee can work but also their entitlements to breaks and rest, and how additional hours are compensated. Compliance requires diligent record-keeping and a clear understanding of the legal limits and requirements.
Standard Working Hours and Workweek Structure
In Hungary, the standard full-time working hours are typically 8 hours per day, amounting to 40 hours per week. This is generally spread over a five-day workweek, usually Monday to Friday. However, the law allows for flexibility in scheduling, including possibilities for unequal distribution of working time across the week or averaging working time over a reference period, provided certain conditions and limits are respected.
The maximum daily working time, including overtime, generally cannot exceed 12 hours. The maximum weekly working time, including overtime, is typically limited to 48 hours on average over a reference period, which can be up to four months or, in some cases, up to six or twelve months under collective agreements or specific conditions.
Overtime Regulations and Compensation
Overtime refers to any work performed beyond the standard daily or weekly working hours as defined in the employment contract or collective agreement. Overtime must generally be ordered by the employer and is subject to legal limits.
The maximum amount of overtime that can be ordered is generally 250 hours per calendar year. This limit can be increased to 300 hours per year through a collective agreement. Overtime must be compensated either through increased pay or equivalent paid time off.
Compensation for overtime is typically calculated as a percentage increase on the employee's base wage:
| Situation | Minimum Overtime Premium |
|---|---|
| Overtime on a regular workday | 50% |
| Overtime on a rest day (weekend) | 100% |
| Overtime on a rest day (weekend) with rest day provided elsewhere | 50% |
| Overtime on a public holiday | 100% |
Alternatively, overtime can be compensated with paid time off equivalent to the overtime worked, plus a 50% premium, unless otherwise agreed. If time off is provided, it must be granted within 30 days of the overtime work, or within 60 days if agreed upon.
Rest Periods and Break Entitlements
Hungarian law mandates specific rest periods and breaks to ensure employee well-being.
- Daily Rest Period: Employees are entitled to a minimum of 11 consecutive hours of rest between the end of one workday and the start of the next.
- Weekly Rest Period: Employees are entitled to a minimum of 48 consecutive hours of rest per week, which should generally include Sunday. Alternatively, they must receive at least 40 consecutive hours of rest per week, including Sunday, provided they receive an average of 48 hours of rest over a four-week period.
- Breaks During Workday: Employees working more than six hours are entitled to a minimum 20-minute break during the workday. If working more than nine hours, an additional 25-minute break is required. These breaks are generally unpaid unless otherwise agreed.
| Rest/Break Type | Minimum Entitlement | Notes |
|---|---|---|
| Daily Rest | 11 consecutive hours | Between workdays |
| Weekly Rest | 48 consecutive hours (including Sunday) OR | Per week |
| 40 consecutive hours (including Sunday) + average 48 | Over a 4-week period | |
| Break (6+ hours work) | 20 minutes | During the workday, generally unpaid |
| Break (9+ hours work) | Additional 25 minutes | Total 45 minutes for 9+ hours work |
Night Shift and Weekend Work Regulations
Specific rules apply to employees working night shifts or on weekends.
- Night Work: Night work is defined as work performed between 10 PM and 6 AM. Employees regularly performing night work are subject to specific health and safety regulations. There is generally no mandatory premium for night work itself unless specified in a collective agreement or employment contract, but it can impact working time organization and health checks.
- Weekend Work: Working on weekends (Saturday and Sunday) is generally considered rest days. If an employee is required to work on a rest day, it is treated as overtime and compensated accordingly (see Overtime section). Regular weekend work is only permissible in specific sectors or under certain conditions defined by law or collective agreements.
Working Time Recording Obligations
Employers in Hungary have a legal obligation to accurately record the working hours of their employees. This includes recording the start and end times of each workday, as well as any overtime worked, rest periods taken, and absences.
Accurate records are crucial for demonstrating compliance with working time regulations, calculating wages and overtime pay correctly, and resolving potential disputes. These records must be kept in a format that allows for easy verification by labor authorities. Failure to maintain proper working time records can result in penalties for the employer.
