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> GOVERNANCE - home > Employment protection legislation database - EPLex > Hungary

Hungary - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Hungary - 2011    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Sec. 100 (4) LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation (in lieu of reinstatement): min. 2 months' pay and max. 12 months' pay
(In addition the employee shall be reimbursed for the lost wages and compensated for any damages arising from such loss.)

Remarks:
  • Sec. 100 (4) and (6) LC

Reinstatement available: Yes

Remarks:
  • Sec. 100 LC:
    If the Court rules that the employment was unlawfully terminated, it must order reinstatement of the employee if he so requests. However, upon request of the employer and under certain conditions, the court can refrain from ordering reinstatement.

Preliminary mandatory conciliation: No

Remarks:
  • However, the parties can resort to extra-judicial conciliation provided it is so stipulated in a collective agreement (sec. 199/A LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Labour Courts have jurisdiction in the first instance over disputes arising from the employment relationship. Appeals are heard by regular courts. (Sec. 16 of Act LXVI of 1997 on the organisation and administration of courts)

    (http://ec.europa.eu/civiljustice/jurisdiction_courts/jurisdiction_courts_hun_en.htm)

Existing arbitration: No

Remarks:
  • No statutory provision nor information found.