In the last two parts of our series introducing the new legal framework of the employment of third-country nationals in Hungary we dealt with the basic types, the procedural rules, and the details of employing “ordinary workers”. In this last part of our article series, we share the detailed rules for employing highly competent employees.

Smartlegal Schmidt&Partners reports from Hungary:

Surprise clauses are general contract terms which differ significantly from customary contract practice or from legal provisions governing contract law. Can the user of a general contract term limit its liability by a surprise clause? Can a surprise clause become a standard clause by way of established practice between the parties? What constitutes an established practice? In this article, we analyse a recent decision of the Hungarian Supreme Court which examined these questions in detail.

ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

After introducing the types of residence permits for employment purposes in our previous article, this time we will examine in detail the forms of employing “ordinary workers” in Hungary based on the new legal environment. By “ordinary workers” we mean workers who do not belong to the category of highly competent employees, which will be discussed in the next part of this series.

Smartlegal Schmidt&Partners reports from Hungary:

In the first quarter of 2024, the Hungarian lawmaker created a completely new legal environment for the employment of third-country nationals and introduced special residence titles. We will introduce the new legal regime in a series of articles, the first part of which will cover the types of residence permits for employment purposes and the procedural rules.

Smartlegal Schmidt&Partners reports from Hungary:

Multinational company groups often use unified ERP software which frequently involve processing employee data. In such cases, it may be necessary to transfer personal data to a non-EU based country and the legal basis of the transfer might be a collective agreement. But how far does the contractual freedom of the parties to a collective agreement extend? Can the general principles of the GDPR be circumvented? In our article, we analysed the recent decision of the CJEU which provides an answer to this question.

Following a landmark decision of the Hungarian Supreme Court (our article about the decision can be found here), the Hungarian legislator adopted a new decree, applicable from February 2025, on the attorney fees applicable in court proceedings. The main aim of the new regulation is to limit the unreasonable reductions of attorneys’ fees. What changes will the new decree bring to the attorney’s fees? 

Smartlegal Schmidt&Partners reports from Hungary: