Hungary: Daily and Weekly Rest Time Conundrum in Hungary After the CJEU’s Ruling

Authors: Zsófia Oláh and Sára Hungler

Following the CJEU’s decision and subsequent Hungarian Supreme Court rulings, it became clear in 2024 that Hungarian law did not comply with the EU Working Time Directive regarding daily and weekly rest periods. This realisation was partly driven by mass litigation initiated by railway workers who challenged the collective agreement’s provisions on rest periods.

The Hungarian Supreme Court’s recent rulings based on the CJEU decision require employers to structure working time so that the weekly rest period, typically Saturday and Sunday, must be preceded by an 11-hour daily rest period on Friday. This means that in the case of regular working time schedules, employers cannot schedule regular working hours beyond 1 p.m. on Friday without incurring overtime, which may necessitate additional compensation. Any work performed after this period qualifies as overtime, potentially requiring an additional pay rate, typically 50% in line with standard overtime remuneration. Employees are also entitled to claim retroactive compensation for work undertaken during designated rest periods up to three years prior.

To comply with these requirements, employers might consider adopting a working time frame where the weekly rest is counted in hours rather than days. However, the most sustainable solution would be for the Hungarian legislator to amend the relevant laws to align with EU law, a step that has yet to be taken. Current practices allow scheduling weekly rest without ensuring the required daily rest beforehand, creating a conflict with EU law and the recent Supreme Court rulings.