Every Stipulation of a Contract on Studying Must Be Concluded in Writing
Precedential Decision by Judiciary or Regulatory Agency
Author: Zoltán Csernus, Attorney – VJT & Partners Law Firm
According to the Hungarian Labour Act, the contract on studying must be in writing. Thus the employee is not entitled for more financial support than agreed in the learning contract. Here, the employer and the employee concluded a contract on studying, but failed to stipulate whether the monthly financial support should be a gross or a net amount. Based on a witness’ testimony, the employee claimed that the amount must be considered as a net amount. The Hungarian Supreme Court ruled that without written contractual provisions the amount may not be considered – based only on witnesses’ testimony – as a net amount.
Employer’s Obligation to Provide Adequate Working Conditions
Precedential Decision by Judiciary or Regulatory Agency
Author: Zoltán Csernus, Attorney – VJT & Partners Law Firm
The Hungarian Supreme Court declared that if the employee fails to fulfill his working obligations as a result of the employer’s failure to provide adequate working conditions, the termination with immediate effect based on the employee’s behavior is invalid. Here, the employee substituted his colleague within short periods of time in 14 different city districts without adequate information and knowledge about the city districts. Due to three minor administrative breaches, the employee was terminated with immediate effect. Since the breaches resulted from the frequent changes to the employee’s obligations and the employer’s failure to provide adequate working conditions, the Court declared that the termination is invalid.
Employer’s Responsibility in Case of Working Accidents
Precedential Decision by Judiciary or Regulatory Agency
Author: Zoltán Csernus, Attorney – VJT & Partners Law Firm
The definition of the “employer’s control” covers all objective facts and circumstances which may be influenced by the employer. When evaluating this, the direct cause of the accident must be examined and the working methods leading to the accident, such as the choice of working method, the work equipment provided to the employees, the number and the skill of the employees, since such things must be provided by the employer and the employer has influence on them.
