Establishment of the employment relationship

Support during the establishment of the employment relationship:

Although the employment relationship is hierarchical relationship, it is also built on trust, and therefore its establishment requires lawful and carefully considered preparation, the selection of the appropriate legal framework, and the thorough drafting of contractual terms. I help ensure that the employment is transparent, secure and practically manageable from the beginning. 

  • What form of legal relationship best reflects the parties’ intentions for the employment?
  • Executive or general employee? 
  • What benefit scheme or incentive system should the employer apply?
  • Should the parties conclude a non-compete agreement, and under what conditions?
  • Preliminary legal advice to select the appropriate form of employment
  • Overview of employer obligations related to the establishment of an employment relationship
  • Drafting and review of employment agreement templates
  • Drafting individual employment agreements for executive employees
  • Preparation of service agreements
  • Preparation of employee information letters
  • Drafting non-compete agreements and study agreements
  • Legal advice related to special forms of employment (e.g. fixed-term employment, part-time employment, employment of students)
  • Legal advice related to temporary agency work (employee leasing)
  • Advice related to recruitment and employment agencies
  • Drafting internal employer policies (e.g. home office policy, company car policy)

Support during the course of employment:

The daily operation of employment may raise numerous questions. I offer practical solutions for employers and employees to ensure that everyday decisions are made with legal certainty.

  • How should the employer schedule the employee’s working time?
  • How should the employee’s annual leave days be allocated?
  • How is the parties’ liability for damages determined?
  • How should the terms and conditions of home working be regulated? 
  • Who is entitled to exercise employer’s rights? 
  • General employment law advice: interpretation and application of the Labour Code and related legislation
  • Prior legal review of the lawfulness of employer decisions
  • Advice on working conditions (e.g. work schedules, lawful application of working time frames, overtime rules, rest periods, allocating and recording annual leave days)
  • Review of employees’ options for enforcing rights
  • Review of the legal compliance of remuneration and benefits systems
  • Drafting amendments to employment agreements 
  • Handling special life situations (e.g. pregnancy, maternity leave, sick leave)
  • Legal advice related to employees’ breaches of obligations
  • Legal advice on liability for damages and inventory liability
  • Application of equal treatment and non-discrimination rules
  • Legal advice related to collective labour law matters
  • Support during labour authority inspections and employment-related disputes

During the course of employment

Termination of employment relationship

Support during the termination of employment relationship

The termination of an employment relationship is often a sensitive and high-risk process for both the employer and the employee. I assist in the lawful preparation of termination cases, the drafting of necessary documents, and the prevention of potential disputes. If a dispute has already arisen, I also represent my clients during the resolution process.

  • Does the party have a lawful basis of terminating the employment relationship with notice or with immediate effect? 
  • What legal risks may arise during a potential termination case?
  • What would be the costs of a potential termination? 
  • What legal remedies may the parties have in connection with a potential termination case?
  • Review of potential methods of termination
  • Assessment of the legal grounds for termination with notice and termination with immediate effect 
  • Drafting legal documents of termination with notice and with immediate effect 
  • Legal advice related to notice periods and severance payment 
  • Preparation of mutual termination agreements
  • Review of termination prohibitions and restrictions
  • Support during collective redundancy procedures 
  • Legal advice related to non-compete and confidentiality obligations
  • Legal representation in disputes arising from the termination of employment

I have extensive experience with employment law issues involving international elements, and I often assist my clients in cross-border employment situations as well.

  • What employment law regulations must a newly established operation in Hungary comply with?
  • What employment law conditions apply to employees employed in the framework of posting? 
  • Under what legal frameworks may an employee be employed while working remotely from abroad?
  • Advice on employment law rules applicable to postings of workers
  • Legal advice related to cross-border remote work (governing law and jurisdiction)
  • Drafting remote work agreements
  • Legal support in matters related to the employment of third-country nationals

International employment law matters

Visszajelzések
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Tailor-made employment law solutions for both employers and employees – in domestic and cross-border employment law matters.

Contact:

helga.durst@durstlegal.com

Address:

1037 Budapest, Táborhegyi út 25/b fsz. 1.