Regulations around electing representatives for occupational
safety in Hungary have changed, and the six-month grace period ends
on 8 January 2017.
In line with the economic environment and provisions of Act I of
2012 of the Hungarian Labour Code, Act XCIII of 1993 on Labour
Safety changed the regulation on electing representatives for
The new regulation became effective as of 8 July 2016, however,
a six-month grace period was granted for the implementation, and
this period expires shortly, on 8 January 2017.
The main change widens the circle of those employers where a
workers' representative for occupational safety must be
elected: the limit of employees has decreased from 50 to 20,
meaning that after the effective date of the legislative change,
all employers employing at least 20 employees must have a
workers' representative for occupational safety elected.
Employees have the right to elect a representative – or
representatives – from among themselves to represent their
rights and interests related to occupational health and safety,
while the employers are responsible for the provision of the
conditions for the election, for conducting the election itself and
for consulting the elected representative(s) for occupational
safety in connection with all measures concerning occupational
health and safety, prior to the implementation of such measures by
The election of a representative for occupational safety may be
initiated by the labour safety committee or, where there is a lack
of such committee, by the other representatives for occupational
safety if there are some. Should there be no representatives for
occupational safety, the election may be initiated by the local
branch of the trade union, the shop steward or by the majority of
In the case of lack of initiative from the employees' side,
the employer is obliged to inform the employees about the
regulations concerning the election of representatives for
Employees nominated as representative for occupational safety
shall have legal capacity, and:
shall have been employed by the employer – except for
newly incorporated employers – for a period of at least six
shall have been employed for definite or indefinite period of
shall work at the given fixed establishment of the
At the same time, an employee may not be elected to be
representative for occupational safety, if that employee:
is exercising employer's right
is a relative of an executive officer of the employer
is a member of the election committee
carries out occupational safety functions on the employer's
behalf as his/her principal activity, on the basis of their
Should there be no elected representative for occupational
safety by 8 January 2017, the Hungarian authorities may impose a
fine on the employer. The amount of the fine may fall within the
range of HUF 50,000 (fifty-thousand Hungarian forints) and HUF
10,000,000 (ten million Hungarian forints).
Talk to us
TMF Hungary can provide assistance to determine the election of
representatives for occupational safety, give assistance in the
review of the already prepared documentation and investigate
companies' compliance with the current regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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