Hybrid work, a combination of office-based and remote work, has gained increasing popularity in recent years, particularly as a result of the COVID-19 pandemic. While this working model offers numerous advantages, it also raises new legal questions for both employers and employees. The regulation in Hungary is still a relatively new topic, but it is essential for employers to establish clear internal rules to safeguard employee rights and ensure compliance.
What is Hybrid Work?
It is a working model in which the employee performs work both in the office and from home. It allows employees greater flexibility in managing their working hours while still meeting employer expectations.
Various types of hybrid work arrangements include:
– Fixed hybrid model: Employees work from home on designated days of the week or month and work in the office on the remaining days.
– Flexible hybrid model: Employees choose which days they work from the office and which from home.
– Project-based hybrid model: Employees determine their workplace based on the requirements of a specific project.
Employer Obligations
The legal regulation of hybrid work requires employers to fulfill several key obligations that help protect employee rights and ensure proper working conditions.
1. Amending Employment Contracts
It typically necessitates an amendment to the employment contract. Employers must clearly define the place of work, working hours, and employee obligations while working from home. The contract should specify on which days the employee is expected to work from home or attend the office.
2. Recording Working Hours
Proper tracking of working hours is especially important in hybrid work models. Employers must ensure that working time is accurately recorded, even when employees are not present in the office. Remote work does not exempt employees from observing regular working hours, which means employers must monitor compliance effectively.
3. Providing a Suitable Work Environment
Employers are obligated to ensure that employees have a safe and appropriate work environment when working from home. This includes providing necessary work equipment (e.g., computers, internet access, office furniture) and ensuring occupational safety standards are met.
4. Data Protection and Confidentiality
Hybrid work requires particular attention to data protection and confidentiality. Since employees work outside of the office, the protection of sensitive company information is critical. Employers must implement proper data security measures such as encrypted communications and secure devices used by remote employees.
5. Communication and Coordination
Effective communication and coordination between employers and employees are essential to the success of hybrid work models. Employers must ensure that remote employees receive adequate support and that teamwork is not hindered. This requires the provision of suitable communication platforms and tools.
Employee Rights in Hybrid Work
Hybrid work regulations also aim to protect employee rights. These include:
1. Respect for Working Hours and Rest Periods
Employees are entitled to proper working hours and rest periods, even while working from home. Employers must prevent overworking and ensure adequate breaks between shifts.
2. Employee Data Privacy
Data protection rights of employees remain in effect during hybrid work. Employers must protect employee data, especially when processed remotely. Employees are entitled to access their data and receive information about its handling.
3. Equal Treatment
Employees must be treated fairly and equally, whether working from home or in the office. Hybrid models must not lead to any form of discrimination or disadvantage in the workplace.
The Future of Hybrid Work Regulation
The legal regulation in Hungary is still evolving. While current practices operate under the framework of the Hungarian Labour Code and related laws, further legislation specific to hybrid work may become necessary. Rapid technological advancements and changing work models continue to pose challenges, requiring legal frameworks to adapt accordingly.
Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)
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Katona és Társai Ügyvédi Társulás
(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association)
H-106 Budapest, Tündérfürt utca 4.
Tel.: +36 1 225 25 30
Mobil: + 36 70 344 0388
Fax: +36 1 700 27 57