Lawful Dismissal In Hungary - Part II Termiantion Based On Behaviour
Although, considering the current labour market in Hungary, employers are trying to keep the employees at the company, there may be situations where the employment relation cannot be maintained due to behaviour or attitude. In our previous article we explained that a dismissal by the employer is far from a simple move, as the legitimate justification must meet a number of criteria. In the present article, we examine the grounds for termination based on the behaviour of the employee.
Reasons in connection with the employee
The Labor Code1 does not list specific grounds for termination, provides only that "an employee may be dismissed for reasons in connection with his/her behaviour in relation to the employment relationship, or with his/her ability."
Of course, the laconic provision does not mean that there are no further rules, the specific reasons for termination can be determined by analyzing the extensive judicial practice.
This article will address behavioural causes, while we will analyse the causes based on abilities in our next article. Reasons for termination based on employee behaviour can be divided into the following categories:
Violation of general rules of behaviour Breach of work duties and responsibilities Inadequate performance Loss of trust Violation of general rules of behaviour In the following cases, the employee's expertise may be impeccable, but his or her behaviour and conducts may be incompatible with a cultured work environment that may serve as a basis for termination.
Breach of obligation to cooperate
The employee must cooperate with his / her colleagues, which is a necessary for efficient work. It is a violation of this requirement if the employee communicates with their colleagues in an intolerable tone2 or uses unacceptable expressions in a hassle.3 It is also valid ground for termination if the employee sexually harasses a colleague or violates their human dignity.4
misbehaviour towards third parties
There is a legitimate reason for termination if the employee behaves in an inappropriate manner towards third parties (customers, customers, etc.) in the course of his work.5 According to the practice, it is valid a ground for termination if the shopkeepers is impolite towards the customers or the carer calls the elderly people in a disrespectful manner.6
inappropriate behaviour outside working hours
It is a misconception that the employer has nothing to do with the employee's life outside work. According to...
To continue readingREQUEST YOUR TRIAL