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Compulsory vaccination: this is how public servants are covered by the regulation

Wednesday’s meeting – so far advertised policy despite – new defense measures decided, the essence of which Thursday morning explained Gergely Gulyás Minister in charge of the Prime Minister’s Office. Accordingly, Thursday night a in the Bulletin three different decrees have been issued: 1) on the possibility of compulsory vaccination in the workplace in general 2) on the mandatory use of masks on public transport 3) on the possibility of compulsory vaccination of state and municipal employees.

On the one hand, it lists exactly which state and municipal employees are covered by the regulation.

  • a) Act CXC of 2011 on National Public Education. at a public educational institution according to law,
  • b) Act LXXX of 2019 on vocational training. at a vocational training institution according to law,
  • (c) CCIV of 2011 on National Higher Education. at a higher education institution according to law,
  • d) Act XXXII of 2020 on the Transformation of the Legal Relationship of Employees of Cultural Institutions and on the Amendment of Certain Acts Relating to Culture. at a cultural institution according to law,
  • e) Article XLII of 2015 on the employment status of the professional staff of bodies performing law enforcement tasks. at a body subject to law,
  • f) Act CXIII of 2011 on National Defense and the Hungarian Armed Forces, as well as on the measures that may be introduced in the special legal order. at a defense organization under the Act – including the CCV of 2012 on the Legal Status of Defense Forces. (hereinafter: Hjt.) and Act CXIV of 2018 on the legal status of defense personnel. also employed by non-defense organizations covered by the Act,
  • (g) Annex III to the 1993 Act on Social Administration and Social Benefits. at a social service provider providing residential care according to law, in an institution,
  • h) at a child welfare or child protection service provider, institution, network or correctional institution,
  • i) Act CXXV of 2018 on Government Administration. at a body covered by the Act (hereinafter: Kit.),
  • j) Article CXCIX of 2011 on civil servants. at a body subject to law,
  • k) Article CXXX of 2020 on the status of the personnel of the National Tax and Customs Board. (hereinafter: NAV szj.tv.)

However, the regulation also states that, with the exception of paragraph 4, the published rules shall not apply to employees of a state-owned company or a company with a majority influence. Paragraph 4 states that “this Regulation shall also apply to persons employed by a public undertaking and by a majority-owned undertaking as defined in the law referred to in paragraph 1 (e) or (f)”.

CORRECTION: First of all, we misinterpreted the above as meaning that the possibility of ordering compulsory vaccination cannot be applied to state-owned companies, however, another regulation it also regulates this issue and this circle of employers.

Cover image: Syringes filled with the German-American Pfizer-BioNTech coronavirus vaccine, Comirnaty vaccine, at a vaccination station in Miskolc, Borsod-Abaúj-Zemplén County Central Hospital and University Teaching Hospital on October 24, 2021. Source: MTI / János Vajda

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