Such work schedules demand significant sacrifices from employees, which is why the rules for night work are stricter than those for standard working hours.

Rules for Night Work

In many sectors, ensuring operations often requires employees to work in shifts, sometimes providing 24-hour availability. Life doesn’t stop at night, as it’s not only emergency responders like paramedics or firefighters who are on duty, but work also continues at restaurants, events, dispatch centers, or warehouses. However, such a work schedule demands significant sacrifices from employees, which is why the rules governing night work are stricter than those for standard working hours.

This post explores the topic in detail. We will examine what qualifies as night work and the relevant regulations. Additionally, we’ll delve into the rules for night work, restrictions, and prohibitions on such schedules, as well as specific provisions for student workers. Let’s dive into the key points!

A Brief Overview of Night Work Regulations

The Hungarian Labor Code defines the employer’s right to establish working time schedules, allowing for deviations from the standard schedule. Employers have significant flexibility within the framework of labor law. However, night work is subject to several prohibitive and restrictive regulations that cannot be overridden, even with explicit employee consent.

Why Do Night Work Rules Require Special Regulation?

Medical science unanimously agrees that regular night or shift work has adverse physiological effects and places significant stress on the human body. Irregular sleep or frequent nighttime wakefulness negatively impacts blood pressure, vision, digestion, and sleep quality. In the long term, it may contribute to cardiovascular diseases and other serious health conditions.

Nighttime wakefulness disrupts the circadian rhythm (the body’s natural “biological clock”), which can have severe long-term health consequences. Furthermore, night shifts affect personal lives, complicating the organization of daily routines and family life.

What Regulations Apply to Night Work?

The EU’s Directive 2003/88/EC on the organization of working time obligates member states to incorporate minimum safety and health requirements into their national laws. These include provisions for daily and weekly rest periods, annual leave, and night or shift work.

The directive defines night time as a period determined by national law, lasting at least seven hours, which must include the hours between 00:00 and 05:00. Accordingly, the Hungarian Labor Code defines night work as work performed between 22:00 and 06:00.

Rules for Night Work: What Can Employees Expect?

The Hungarian Labor Code offers significant flexibility in scheduling working hours, allowing workdays to span two calendar days (e.g., from 23:00 on Monday to 05:00 on Tuesday). In some cases, even a continuous 24-hour period can be treated as a single workday.

However, specific rules must be followed when scheduling night work:

Employees must have a rest period of at least 11 consecutive hours between two workdays.
Night work prohibitions and restrictions outlined in the Labor Code apply strictly:
- Prohibitions mean that night work cannot be required, even with employee consent.
- Restrictions mean that night work is allowed only with written employee consent.

Who Cannot Be Assigned Night Work?

Night work cannot be assigned to:

Female employees during pregnancy or until their child reaches the age of three.
Single parents raising a child under three years of age.
Young workers (those under 18).

These prohibitions are absolute and cannot be waived, even with the employee’s consent.

When Is Night Work Restricted?

Night work may only be assigned with written consent to:

Female employees with children aged three to ten.
Single parents raising children aged three to ten.

Additionally, if the nature of the work poses a health risk, the daily working hours for night work cannot exceed eight hours.

Compensation for Night Work

Employees are entitled to night work pay supplements if the duration of night work exceeds one hour. The supplement is 15% of the base salary.

Shift supplements differ from night work supplements. Employees working in shifts with varying start times (e.g., starting at different times on at least one-third of the workdays in a month) are entitled to a 30% shift supplement instead of the 15% night work supplement.

Night Work Rules for Student Workers

For students, age is the primary determining factor for night work:

Lower age limit: Students can work from the age of 15 with parental consent, but only during summer breaks until age 16.
Upper age limit: Students can work as student employees until age 25, even with active student status.

The Labor Code prohibits night work for young workers under 18, regardless of the employment type, including through student cooperatives.

Pay Supplements for Student Workers

Students over 18 are entitled to the same night work supplements as regular employees (15% of the base salary). However, employment through student cooperatives does not create an employment relationship, and therefore, the employer is not obligated to provide supplements unless specified by the cooperative’s agreement.

How Does Y Diák Help?

At Y Diák, we provide tailored solutions for our partners, ensuring that only the most suitable candidates are recommended for each position. Whether it’s standard or flexible schedules, night work, or seasonal jobs, we support our clients with skilled and reliable workers.

From interviews and onboarding to payroll tasks, we handle all administrative responsibilities, allowing our clients to focus on organizing and managing work schedules. Contact us today for a personalized offer!