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Transfer of undertakings in Hungary
Employment Law Overview Hungary
Hungary

Transfer of undertakings in Hungary

Employees’ Rights in Case of a Transfer of Undertaking

In the case of a transfer of undertakings, the successor employer must retain and continue employing all employees of the economic unit under the original working conditions. The fact of the transfer alone cannot serve as grounds for termination by either the predecessor or the successor employer. Employee consent is not required for the transfer. Hungarian labour law does not recognise the employee’s right to object to the transfer.

If, as a result of the transfer, the working conditions change significantly and to the employee’s disadvantage, the employee may terminate their employment relationship with justified notice within 30 days of the transfer. In such cases, the employee is entitled to all benefits they would receive in the event of termination by the employer, such as an extended notice period or severance pay.

Requirements for Predecessor and Successor Parties

In the case of a transfer of undertakings, at the time of the economic unit’s transfer, the rights and obligations arising from the employment relationship, including study agreements and non-compete agreements, transfer from the predecessor employer to the successor employer. The successor employer is obligated to inform the affected employees in writing within 15 days of the transfer about the fact of the transfer and any potential changes to working conditions.

For employee claims that arose before the transfer, the predecessor and successor employers are jointly liable for up to one year following the transfer.

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