Protecting your workforce in Hungary FAQ
Q.1. Do I have to provide employees with masks and gloves? Do I have to order safe distance?
In Hungary neither the government, nor the parliament has passed explicit safety measures applicable for employers, and the effective law on safety at work has not been modified in connection with the pandemic either. Therefore, the general rules on occupational safety and healty, especially Act No. XCIII of 1993 and Decree No. 5/1993 (XII.26.) MüM of the Ministry of Labour on the implementation of Act No. XCIII of 1993 apply.
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In accordance with these rules, the employer is responsible for the implementation of those safe work conditions that do not endanger health. These actions shall be determined by the employer within the framework of legislation and standards. Costs and other burdens incurred in connection with the performance of the employer\'s obligations regarding work safety must not be passed on to the employee. It is the employer\'s responsibility to ensure that all employees are familiar with the rules applicable to safety and safe work in a language they understand.
The above rules mean that employers have a basic obligation to take the necessary protective measures and to give information to the employees at the place of work. In other words it is the employer\'s responsibility to assess the potential health risks, the range of protective equipment (e.g. masks, gloves), chemicals, disinfectants required for prevention, with the involvement of an occupational health service, an occupational safety consultant or an occupational safety representative, and provide them to employees at the place of work at all times and free of charge. It is also necessary to prepare managers with an action plan in case an employee shows a possible symptom of infection (e.g. immediate isolation, notification to the occupational health service, disinfection of the work area, etc.). The employer is not only obliged to provide protective equipment and chemicals, but is also obliged to check their proper use.
Q.2. Are there any special rules for employer’s vehicles used for employee transportation?
It is not prohibited, but based on the above, the employer has a basic obligation to take the necessary protective measures (e.g. less people in a van than its capacity, masks and gloves, regular disinfection of the van).
Q.3. Do we have a legal right to take employee’s temperatures at work? Are health questionnaires allowed?
The National Data Protection Authority (NAIH) published a statement on the application of health questionnaires (Source: https://naih.hu/files/NAIH_2020_2586.pdf). Health questionnaires are acceptable if the employer, on the basis of a preliminary risk assessment, considers that the application of the method restricts the right of employees to privacy to a proportionate extent. In this respect the employer can record the date of the report, the personal data needed to establish the identity of the person concerned, the place and time of the trip abroad, the contact details of the person coming from the infected area and the measures taken by the employer. However, the questionnaires should not contain data on the medical history of the person concerned, nor should the employer require the attachment of medical records. The employer must clearly define the purpose and legal basis of the data processing, the period of data retention and the scope of those entitled to access the data. The authority does not consider it proportionate to screen all the employees by using a diagnostic tool, such as a thermometer. If, after a risk assessment, an employer still considers it necessary to introduce a screening test, the employer can only order tests which are performed by a health professional or under such professional’s responsibility, and the employer is only entitled to know the results of the tests.
Q.4. Do the mayors have a right to issue statements about dealing with COVID19?
The mayors of each city and village are the local commanders of local defence, and they in this capacity can issue orders for their locality. Anyone caught not meeting these orders is subject to a fine. The Mayor of Budapest ordered from April 27, that in addition to public transport in the capital, it will be mandatory to cover the face in Budapest\'s shops, stores, markets, shopping malls and taxis in order to curb the coronavirus epidemic.
dr. Andrea Egertz
attorney at law
