In connection with the COVID-19 pandemic, the Hungarian government has still not made covid vaccination general binding at the workplaces.
Instead of making it general binding, the Hungarian government has given employers the right to make it compulsory for employees to be vaccinated against COVID-19 (similar provisions apply for state and public sector employees).
The COVID-19 vaccination can be proved with simultaneous presentation of an official identity card (i.e., identity card, driving licence in card format and passport) and the digital COVID certificate issued by the EU, or the immunity certificate issued by the Hungarian authorities.
The employer may impose the vaccination as a condition of working for those who have not been vaccinated with one of the COVID-19-vaccines recognised in Hungary by 1 November 2021 and at the same time the employer is obliged to set a deadline for the vaccination. The deadline for getting the vaccine shall be at least 45 days for both the single dose vaccine and for the first dose of a double dose vaccine. Employees shall be informed about the above per e-mail or in printed form.
Furthermore, the employer shall also inform the employee that, if he/she fails to be vaccinated, the employer will be entitled to order unpaid leave in sole discretion after the expiry of the vaccination deadline set by the employer.
An employee, whose vaccination is contraindicated for medical reasons shall be released from the COVID-vaccination based on a medical certificate and shall be treated in the same way as employees who are vaccinated.
If the unpaid leave has been ordered and the employee will not get the COVID-vaccine even during the period of unpaid leave, the employer is allowed to terminate the employment relationship with immediate effect after one year from the date ordering the unpaid leave. In such case, the employee shall of course be informed immediately about the reason of termination and its legal consequences.
In addition, the relevant government decree also resolves some data protection concerns by providing legal basis for employers to process sensitive personal health data related to vaccination of the employees in a necessary and proportionate way until the state of emergency declared by the Hungarian government is terminated.
