Nowadays it is rare for someone not to have a work contract. This is a big step forward, which will greatly protect the parties in the event of a dispute.
But what you need to know about this relationship and what an employment contract should contain.
Of course, it is not obligatory that these contracts are prepared by an employment lawyer, but in today’s fast-changing world – full of employment law contexts – it is recommended that the contract is in the hands of someone who is familiar with employment law.
If an employer wants to employ a worker, he can do so on the basis of a written employment contract.
The employment relationship is therefore established by an employment contract. Under these, the worker is obliged to work under the direction of the employer, who is obliged to employ the worker and pay him wages.
In the employment contract, as basic conditions, the parties must agree on the employee’s basic salary and job description. Unless the parties have agreed otherwise, the employment contract is concluded for an indefinite period. It is also a matter of agreement as to what the parties consider to be the place of work; the workplace is, in principle, the place where the employee normally works.
It also depends on the agreement of the parties whether the employment relationship is for general full-time or part-time work.
Of course, the parties have the option to include in the employment contract a probationary period of up to three months from the start of the employment relationship. If the probationary period is shorter than this, the parties may extend the probationary period – up to a maximum of one time. The duration of the probationary period may not exceed three months even if it is extended.
The employer is obliged to inform the new colleague of the following within 7 days of the start of the employment relationship:
– who exercises the employer’s powers,
– the start and duration of the employment relationship,
– from the workplace,
– the duties of the job,
– the duration of the daily working time, the days of the week on which working time may be scheduled, the possible starting and finishing times of the scheduled daily working time, the possible duration of the extraordinary working time, the specific nature of the employer’s activities,
– the method of accounting for wages, the frequency of payment of wages and the date of payment,
– wages and allowances in excess of the basic salary,
– on the number of days of leave, the method of calculating them and the rules for taking them,
– the rules on termination of employment, in particular the rules on notice periods,
– the employer’s training policy and the amount of time the employee can spend on training,
– the name of the public authority to which the employer pays the employment-related tax, and
– whether the employer is covered by a collective agreement.
However, not only the employer, but also the employee, of course, has obligations at the same time as the employment relationship is established:
– be able to work at the place and time required by the employer,
– be available to the employer during working hours, for the purpose of work and in a fit state to work,
– carry out his/her work personally, with the usual skill and care, in accordance with the rules, regulations, instructions and customs applicable to his/her work,
– behave in a manner appropriate to the trust and confidence required for the performance of his or her duties,
– work with your colleagues.
What is the starting date of employment under current legislation?
Unless otherwise agreed, the date of commencement of employment is the day following the conclusion of the employment contract.
Should the reader of this article have any further questions in the field of employment law, Dr. Tamás Ökrös Law Office is at your disposal.
