4 Must-Knows About Unlawful Resignation In Hungary

Author:Dr. Anita Vereb
Profession:SMARTLEGAL Schmidt&Partners

Recently, more and more clients complain about employees who are resigning orally or without giving the necessary notice period. Unlawful resignation causes uncertainties, inconvenience or in the worst case, serious damages to the employer. In this short article, we collected the four must-knows about unlawful employee resignation in Hungary.

Most common forms It happens often that the employee goes to the HR department and simply says he is resigning. Although, in several countries an oral resignation is valid, in Hungary the resignation of the employee requires written form.

Another common problem is that the employee resigns "effective immediately" completely forgetting about his notice period. In Hungary, a 30 days' notice period is provided by the law and a termination without notice period is only possible during the probation period.

Many do not know that in case the employee fails to transfer his job-related tasks or the tools of the employer he is possessing counts as unlawful termination.

Prevention by education We have experienced that in many cases, the root of the problem is that employees are not familiar with their obligations regarding resignation. Often, employees rely on questionable sources such as information of webpages or other colleagues.

You can avoid these misunderstandings if you educate your employees about the procedure of termination at your company. You may do it in the employee handbook or by setting up a specific internal policy about the termination rules. The point is to do it in a form which ensures that in one hand, every employee receives the same information and on the other, you can impose sanctions if the employee does not comply with the rules regarding resignation.

The information package needs to contain that in case the employee resigns unlawfully, he shall bear serious financial consequences.

To-dos when it becomes reality Despite your best efforts, it can happen that on a sunshiny day your employee says to you that he is resigning and this is his last day at the workplace...

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