1. Nº 41.22 Madrid, 3 de marzo de 2022 HUNGRÍA . DESPLAZAMIENTO TRABAJADORES

2. Nº 41.22 Madrid, 3 de marzo de 2022 HUNGRÍA. DESPLAZAMIENTO TRABAJADORES L a asociación húngara MKFE ha recopilado información sobre el desplazamiento y la remuneración en Hungría. Esta información está disponible en el siguiente archivo adjunto. Fuentes: MKFE y Ministerio de Innovación y Tecnología C/ Príncipe de Vergara, 74, 3 planta - 28006 MADRID Tlf.: 91 451 48 01 / 07 – Fax: 91 395 28 23 E-mail: [email protected] Nota: Prohibida la edición, distribución y puesta en red, total o parcial, de esta información si n la autorización de A ST IC

3. Country: Hungary – conditions applicable to posting and remuneration Item (related provision in Directive 96/71/EC as amended by Directive (EU) 2018/957) Content of the information to be provided Hungary APPLICABLE PROVISIONS - national law, regulation or administrative provision AND/OR - collective agreements or arbitration awards declared universally applicable AND/OR - collective agreements that otherwise apply in accordance with Article 3(1) and (8) of Directive 96/71/EC as amended by Directive (EU) 2018/957 Act I of 2012 on the Labour Code Act CXXXV of 2020 on services and aids intended to promote employment and the supervision of employment Government Decree No. 115/2021. (III. 10.) on the activities of the employment supervision authority Government Decree 703/2021. ( XI I. 15 .) on the Mandatory Minimum Wage and on the Guaranteed Wage Minimum There is no extended collective agreement in the road transport sector.

4. SCOPE OF APPLICATION - types of transport activities covered - types of vehicles covered - enterprise size/type of employment covered (if relevant) - reference to posted drivers and definition of posting (if applicable) Please also include procedure to calculate the time spent/hours worked by the posted driver to be covered by the national remuneration:  clarification of the paid working time of the posted driver: driving time but also other activities/loading/unloading, availability?  clarification of the applicable posting regime/exemption during daily/weekly rest of the driver. Working time shall mean the duration from the commencement until the end of the period prescribed for working, covering also any preparatory and finishing activities related to working. REMUNERATION (Art 3(1)(c)) - Minimum gross wage (incl. calculation method: per hour/per operation) - Minimum gross wage per category (occupational group) -- Please also include the amount of the national minimum remunerations applicable for each driver category:  LDV (2.4-3.5 tonnes)  HDV  transport of passengers  any other criteria applicable to posted drivers, such as age, experience, type of transported goods- general goods/ADR/abnormal transport etc. - Minimum gross wage: EUR 3,16 ( per hour) - Guaranteed wage minimum: EUR 4,10 (per hour) Guaranteed wage minimum shall be paid to employees employed in positions requiring a secondary school diploma or advanced vocational training, or higher. The conversion was made at the official rate of exchange on 24 February 2022. More detailed information: http://www.ommf.gov.hu/letoltes.php?d_id=8214

5. 1 Mainly posting allowance, night hours, hours worked during h olidays/Sundays:  Clarification of other national elements of the minimum remunerati on of the posted drivers (13th, 14th month salary, paid holidays) : Should a haulier pay to the driver performing international transport the 13th/14th month in EUR proportio nal to the working time in each MS, if during 1 year, the respective driver worked in 20 EU countries? In order for an employee to benefit from the 13th, 14th mo nth salary, paid holidays and other bonuses, he should have wo rked a minimum number of days, usually about a year. We consider that these elements of D96/71 should not be applicable to posted drivers. FURTHER ELEMENTS OF REMUNERATION Art 3(1)(c) and 3(1) para 3)) 1 - Overtime - Standby pay - Saturday/Sunday/public holidays work - Shift work [if applicable] - Hazardous work/bonuses for particular working conditions - Daily allowances specific to posting (in so far as they do not constitute reimbursement of costs related to transport to and from work/board and lodging) - Annual holidays allowance - 13th/14th month bonuses, incl. end of the year bonuses - Other (additional wage components, e.g. seniority allowance, meal vouchers, compensation for daily travel time, etc.) Overtime rate: 50 % of salary or time-off. (According to Subsection (2) of Section 143 of Act I of 2012 on the Labour Code) Overtime work shall mean work performed: a) outside regular working hours; b) over and above the hours covered within the framework of working time banking; c) over and above the weekly working time covered by the payroll period, where applicable; and d) the duration of on-call duty. Evening and night work: 15% wage supplement ; provided that it exceeds one hour, for employees other than those entitled to shift premium. Shift premium: If the beginning of the scheduled daily working time of employees changes frequently, for work performed between eighteen hours (18:00) and six hours (6:00) a thirty per cent wage supplement (special payment for shift work) shall be paid. Night work shall mean work carried out between twenty-two hours (22:00) and six hours (6:00) For more details please consult the Labour Code: http://www.ommf.gov.hu/letoltes.php?d_id=8133 MINIMUM PAID ANNUAL LEAVE (Art 3(1)(b)) - Amount of minimum paid annual leave Normal vacation time: 20 days of annual leave (Section 115 of Act I of 2012 on the Labour Code) Extra vacation time according to Sections 116- 120 of Act I of 2012 on the Labour Code: http://www.ommf.gov.hu/letoltes.php?d_id=8133

6.  i Allowances or reimbursement of expenditure to cover travel, bo ard and lodging expenses - these expenses are reimbursed/co vered by the transport companies but should the companies also observe the national rates of the host MS? ALLOWANCES OR REIMBURSEMENT OF EXPENDITURE TO COVER TRAVEL, BOARD AND LODGING EXPENSES (Art 3(1)(i)) i - Travel allowance (incl. board and lodging) - Meal allowance - Extra information (incl. any deductions, reimbursement of expenditure) http://www.ommf.gov.hu/letoltes.php?d_id=8057 http://www.ommf.gov.hu/letoltes.php?d_id=8056 http://www.ommf.gov.hu/letoltes.php?d_id=8058 FINES for not observing national posting rules/minimum remuneration The amount of the minimum wage (HUF 200,000 (EUR 549) in 2022) per employees concerned by the infringement. The conversion was made at the official rate of exchange on 24 February 2022. LINK -Link to the original text of the collective agreement and/or national law [available languages] https://mvff.munka.hu/index.php?akt_menu=550 (HU) http://www.ommf.gov.hu/index.php?akt_menu=547 (EN, FR, DE, BG, CZ, ES, HR, IT, NL, PL, RO, SI, SK) CONTACT POINTS - Link to the contact points of trade unions/employer associations - Information on the contact points for liaison office/competent national bodies (such as Labour Inspectorate, Road Transport Authority) Labour authority: Website: http://www.ommf.gov.hu/?akt_menu=547&set_lang=123 Email address: [email protected]