The year 2023 introduces a number of new labour law rules, with significant changes such as the introduction of a new type of leave (parental leave), the extension of paternity leave and changes to the employer’s obligation to inform the employee when recruiting.
The employment law rules were also amended in January 2024 and are summarised below:
- changes to the granting of parental leave;
- simplification of administrative obligations on termination of employment;
- abolition of the compulsory medical fitness test;
Parents’ rights: granting of additional leave
From January 2024, the Labour Code will give parents the possibility to use their children’s extra leave as they request.
Under the current legislation, children under the age of sixteen are entitled to additional leave of between two and seven working days, depending on the number of children. A worker is entitled to two working days of additional leave for one child, four working days for two children and seven working days for more than two children in addition to the basic leave.
The additional leave is increased by two working days per disabled child.
As a general rule, 7 working days’ leave per year should be granted in accordance with the workers’ request, which in practice means that 7 days are at the worker’s discretion, to be taken when it is most convenient for him/her. The remaining leave, however, must be taken at the discretion of the employer, i.e. employees are obliged to take the majority of their leave at the employer’s direction.
The January amendment introduced that from 1 January 2024, parents can choose to opt out of the extra leave for children in addition to the 7 days per year.
Employees must notify their employer in writing 15 days before the start of the leave.
Abolition of Compulsory Medical Fitness Tests
Act CIX of 2023 amending certain laws related to strengthening the competitiveness of domestic economic operators and increasing the efficiency of public administration (the “Amending Act“) introduces a revolutionary change with effect from 1 September 2024 by abolishing mandatory medical fitness tests. While employers will retain the discretion to require a medical examination for any job, the general obligation will be abolished, with the aim of reducing administrative burdens.
Although the compulsory medical fitness test will be abolished, employers will remain liable for accidents at work or deterioration in the health of workers. Under the new rules, a worker will continue to be employed only for a job and only if:
(a) he or she has the physiological capacity to perform it;
(b) his employment does not adversely affect his health and physical integrity;
(c) his employment does not pose a risk to the worker’s reproductive capacity; and,
(d) it does not endanger the health or physical integrity of others.
If you have any questions about the above, please contact our office.
