From 1 January 2023, a new mandatory declaration will be provided for in the amendment to the Labour Code.
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The amendment will affect the employment of single parents or mothers with children under 10 years of age working at night. Companies will have to declare that such workers agree to work between 22.00 PM and 6.00 AM.
If the written consent is withheld or refused, the employee cannot be assigned to night work during this period," points out Dr. Roland Zsidi, senior lawyer at ICT LEGAL, Termel & Zsidi Law Firm.
The companies affected by the new amendment are those that employ their workers on a multi-shift basis, with the possibility of night work between them. Female employees and employees who are single parents of children between three and ten years old are affected.
It is important to note that not only new entrants after 1 January 2023 are subject to the declaration requirement, but also employees who have already worked for the company and have night work, who must also be declared, warns Roland Zsidi, senior lawyer at ICT LEGAL, Termel & Zsidi Law Firm.
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Without the declaration, the employer cannot assign the employee to night work, and if it does, it could result in a fine.
Although not a new rule, it is worth recalling the previous provisions on the prohibition of night work. A worker may not be assigned to night work from the time she becomes pregnant until her child reaches the age of three, or until the age of three if she is a single parent.
