Based on Government Decree No. 102/1995 (VIII. 25.) on the medical assessment of the incapacity and capacity to work and the review thereof, during sick leave or when drawing sick pay employers in Hungary are entitled to initiate a review of incapacity to work at the district government office. In our article we summarise the important issues that arise when initiating a review of incapacity to work.
Content of employer’s request initiating a review of incapacity to work
An employer’s request initiating a review of incapacity to work should contain the following:
- name, address, mother’s name, date of birth, social security number of the employee incapable of working;
- name, registered office, tax number of the employer, and name of person authorised to sign on behalf of the company;
- phone and mail address of the employer;
- reason for initiating the review.
Initiating a review of incapacity to work is subject to a fee
Initiating a review of incapacity to work in Hungary incurs a procedural fee of HUF 15,800 (EUR 48) per employee. This amount should be transferred by the employer to the bank account specified by the district government office. The phrase “review of incapacity to work” should be indicated in the remarks to the transfer along with the social security ID number of the affected employee.
Conducting a review of incapacity to work: medical task
The district government office checks the assessment of the incapacity and capacity to work through an expert consultant physician who during such assessment is entitled, among other things, to:
- examine the patient in the presence of the attending physician, even at the patient’s residence,
- review the patient’s documentation,
- refer the patient to a specialist, if necessary,
- establish the incapacity or capacity to work,
- propose the termination of sick pay at the agency disbursing the sick pay.
If the person with the incapacity to work does not give their consent to the examination, or fails to comply with their relevant obligations, and if the insured person incapable of working does not report their place of residence (address) to the doctor carrying out the assessment, or deliberately delays their recovery, the consultant physician shall initiate the termination of the sick pay at the agency in Hungary disbursing it.
At the employer’s request, the consultant physician will make a decision on the insured person’s incapacity or capacity to work based on data in the patient’s documentation or, in justified cases, on an examination of the insured person incapable of working. After the decision, they will notify the employer and the employee in writing and register the decision in the “Medical log of insured persons with incapacity to work”, which is kept by the doctor assessing the incapacity to work.
Legal remedy against decision made during a procedure launched based on initiating a review of incapacity to work
Both the employee and the employer can initiate a medical examination to contest the decision within eight days of its disclosure at the government district offices in Budapest and the counties responsible for such medical expert matters.
If, after initiating a review of incapacity to work, it is established that the employee was not entitled to a status of incapacity to work, the employee can expect legal consequences based on labour law, social security law and criminal law, particularly, the termination of employment and the repayment of the sick pay received without legal grounds. Additionally, the employee’s behaviour may qualify as an abuse of social security, social and other welfare benefits, which is punishable by imprisonment in Hungary of up to two years.
Should you have any questions as an employer in respect of initiating a review of incapacity to work or any other labour law issues related to your employees in Hungary, our legal experts will be happy to assist you.