The minister responsible for employment policy shall decide on the work hours schedule around holidays in every year in accordance with Section 125 Paragraph (5) of the Labor Code.
Although the minister, who is responsible for it, did not issue a decree on work hours schedule around holidays in 2011 yet, according to the decision of the OÉT (National Council for the Reconciliation of Interests) 14 March 2011 is a resting day for which Saturday 19 March 2011 is going to be a work day. Furthermore 31 October is going to be a resting day and Saturday 5 November will be a changed for work day.
Which days are considered holidays according to the currently effective labor law?
As a general rule the employee does not have to work on holidays. The Labor Code lists ten holidays that are associated with celebrations of Hungarian historical events, the most important dates of the spiritual life of the church and events regarded as celebrations in the general culture: 1 January, 15 March, Easter Monday, 1 May, Whit Monday, 20 August, 23 October, 1 November and 25-26 December
Are the shifted resting days also holidays at the same time?
The shifted resting days are not considered holidays. This means that performing work on these days might be legal if the employer determines the working hours of the employees different from the general rules.
For example it is legal to order work on a shifted resting day if the employer applies work hours framework and the weekly resting days are provided in a cumulated way. However we have to point out that the mere use of work hours framework does not enable work on holidays since it is only possible if other particular requirements are met by the employer, the job of the employee and the work schedule.
Who can work on a holiday?
It was only possible to have employees working on holidays if the employer operated in an uninterrupted work schedule or if the employer also operated on holidays because of its nature or the nature of the job required operation on these days. However according to the labor regulations modified on 1 January 2009 work can be ordered on holidays related to service provided to abroad with means of information technology and with IT tools or in case of delegation to abroad if the local rules of the delegation do not prohibit it.
There is no legal objection to performing work on holidays if the work is required for preventing or avoiding accidents, disasters or serious damage or if it is required for avoiding danger threatening life, health or physical integrity.