The Labour Code will be amended as of 1 January 2023 under the proposed law "Amending certain employment-related laws", voted by Parliament on 7 December 2022. The management must also give reasons for immediate termination during the probationary period, warns Dr. Roland Zsidi, senior lawyer at ICT LEGAL, Termel & Zsidi Law Firm.
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One of the interesting changes is that the employer - at the employee's request - can demand a statement of reasons (termination of employment), even if the employee claims that the termination is due to the carer's working time allowance; paternity leave; parental leave; unpaid leave to care for a child; request for flexible working conditions or request for a change to the employment contract.
It is clear from the above that the use of the above benefits cannot be a basis for dismissal by the employer, as it would constitute an abuse of rights.
In certain cases, the employer is not required to give reasons for termination; during the probationary period, in the case of employees who are retired or in the case of employees in managerial positions. This remains unchanged, but the adopted amendment provides for a duty to give reasons in these cases if the employee so requests with the above reference. The employee may request the justification in writing within fifteen days of its notification, to which the employer also has fifteen days from receipt.
This means that even an immediate termination during a probationary period will have to be justified by the management, which will be worth paying close attention to in order to avoid a series of employment lawsuits, warns Dr Roland Zsidi, senior lawyer at ICT LEGAL, Termel & Zsidi.
The employer has to prove the truth and reasonableness of the reason for termination. If the employee initiates an employment lawsuit and the employer cannot prove them, the employer can easily be perverse and the dismissal can be found unlawful by the labour court. In the case of unlawful dismissal, the court may also order the employer to reinstate the unlawfully dismissed employee, i.e. to continue employing him or to award damages for personal injury suffered by the employee," says Dr. Roland Zsidi, senior lawyer at ICT LEGAL, Termel & Zsidi.
What can company management do to avoid employment lawsuits?
The new obligation to state reasons should be incorporated into the procedures and to be consciously prepared to give a proper reason for termination, such as giving feedback to the employee on the quality of work by means of a verbal or written warning.
In order to avoid a series of losing employment lawsuits, it is advisable for employers to involve a lawyer with employment experience in all such situations, suggests ICT LEGAL's senior lawyer.
