GENERAL PROVISIONS

4.   CHAPTER

ADVERSE LEGAL CONSEQUENCES, AND

Collective Agreement of Rail Cargo Hungaria Zrt. signed on December 22, 2009

with the amendments of 17 May 2010 , 20 December 2010, 10 October 2011, 19 December 2011 and 20 June 2012 and 1 August 2015 in a unified structure

PART I

Scope of the Collective Agreement

§ 1

 

1.    The scope of the Collective Agreement - with the exception of what is contained in point 2 - covers the employer Rail Cargo Hungaria Zrt., all its employees and organizational units.

2.    Not covered by the Collective Agreement

to the employees of Rail Cargo Hungaria Zrt. in managerial positions (Chief Executive Officer and Chief Financial Officer), and to whom the employment contract stipulates the application of the provisions applicable to managers . [Mt.

Section 208 , Section 209 (2) ]

 

3.    The Collective Agreement is concluded by the contracting parties for an indefinite period .

 

 

Structure of the Collective Agreement

§ 2

1.    The Collective Agreement contains structurally separate

a)    the rules of the system of relations between the parties concluding the Collective Agreement (the mandatory part of the Collective Agreement),

b)    the rights and obligations arising from the employment relationship, the manner of their exercise and fulfillment, and the procedural rules applicable to them (normative part of the Collective Agreement).

2.    Different rules for employees of organizational units delimited by the exercise of employer's authority - as stipulated in the Collective Agreement - are contained in the local appendices. Only two local appendices may be concluded at the employer's registered office (currently: 1133 Budapest, Váci út 92.). The Towing Organization is entitled to conclude a local appendix , and one additional local appendix may be concluded at the employer's registered office, regardless of the number of organizational units delimited by the exercise of employer's authority.

 



3.    Local appendices form part of the Collective Agreement. Their contents must be interpreted and implemented in accordance with the provisions of the Collective Agreement.

 

4.    The annexes to the Collective Agreement contain definitions and rules - generally of a technical nature - regarding the implementation of individual provisions.

 

 

  Annex 1 : Special rules for those employed in certain jobs that are harmful to health                                              

Annex 1/A: Work organization measures for work in cold environments                         

Annex 1/B: Work organization measures for work in hot environments                         


  Annex No. 2 :

 

  Annex No. 3 :

  Annex No. 4 :

 

  Annex No. 5 :


Rules for calculating the absence payment due to the employee as notice pay and severance pay             

List of jobs covered by Section 46

List of organizations authorized to conclude local appendices                        

Table containing the workwear allowance of Rail Cargo Hungaria Zrt.                        

 

 

Conclusion and amendment of the Collective Agreement

§ 3


 

1.    The Collective Agreement is concluded on the one hand: on behalf of the employer by a person authorized under the Decision-Making Powers List (DHL) of Rail Cargo Hungaria Zrt. in force at all times , and on the other hand: on behalf of the employees by trade unions with representation representing their interests (employee interest representation organizations, hereinafter referred to as: trade unions), provided that they meet the conditions set out in Section 276 (2) of the Labor Code.

 

2.    The proposer shall notify all parties of his/her proposal to amend the Collective Agreement. Negotiations on the proposed amendment shall begin within 15 days of receiving the proposal.

 

The provisions of this Section shall otherwise apply to the amendment of the Collective Agreement.

 

 

 

 

 

 

 



Termination of Collective Agreement

§ 4

 

The parties may exercise the right to terminate the Collective Agreement in accordance with Section 280 of the Labor Code .

 

Appendixes to the Collective Agreement § 5

1.        The local appendix is ​​​​​​​​​​​concludedlocalorganization(s)unionentitled toconclude a collective agreement pursuant to Section 276(2) of theCode.

 

2.         Local appendices address issues related to employment

a)    regulated in accordance with the Collective Agreement , or

 

b) may also provide for     other employment- related issues in view of professional or local conditions .                           

The local appendix to the Collective Agreement regulates, in accordance with local specificities, those issues that the Collective Agreement refers to the competence of the Local Appendix.

 

3.          Any provision of the local appendix that conflicts with the provisions of the Collective Agreement or any law is invalid (null).

Nullity must be considered ex officio .

 

 

 

Publishing the Collective Agreement and informing employees of its contents

§ 6

 

 

1.    The employer undertakes to publish the Collective Agreement in the Bulletin of Rail Cargo Hungaria Zrt. and on the intranet.


BEACH 11

 

MANDATORY PART OF THE COLLECTIVE AGREEMENT

SYSTEM OF RELATIONSHIP BETWEEN THE PARTIES TO THE COLLECTIVE AGREEMENT

Principles of the relationship between the employer and trade unions

§ 7

 

The following principles should apply to all forms and levels of relations between employers and trade unions .

a)    The parties respect each other's rights and legitimate interests .

b)    The parties shall refrain from any conduct that would exclude or impede the enforcement of the other party's rights or that could adversely affect the other party's reputation.

 

e) The parties shall act in accordance with the requirements of good faith and fairness and in mutual cooperation when exercising their rights and fulfilling their obligations .

 

d)       The party charged with the obligation is obliged to do everything possible to ensure that the other party can obtain the entitlement in a timely manner and exercise its rights in a timely manner and in accordance with the contract.

 

e)        The relationship between the parties is regular and continuous .

 

f)         The parties shall strive to prevent conflicts and to peacefully resolve conflicts that have arisen.

 

g)       In accordance with Section 232 of the Labor Code, the employer and the trade union are obliged to inform each other in writing about the persons entitled to representation and the officials referred to in Section 273 (3)-(4) of the Labor Code. In order to ensure labor law protection pursuant to Section 273 (1) of the Labor Code , the trade union shall inform the employer of the following within 8 calendar days at the latest in the event of a change :

-  the date of election (co-optation) of the trade union official ,

-  termination of the mandate of the trade union official ,

-  the expected duration of holding the trade union position .


Recognition and promotion of trade union activity

§ 8

 

1.    The employer - in accordance with the rules applicable to the employment relationship - recognizes, promotes and supports trade unions with representation, as well as their interest representation and interest protection activities.

 

2.    The employer shall enforce the principle of equal opportunities in trade unions with respect to all represented trade unions.

 

Material and infrastructural support for trade unions

§ 9

1.         The employer provides material and infrastructural support to the represented trade unions based on an agreement concluded with the trade unions represented at the employer.

2.         The specific method, forms, amount and conditions of support shall be agreed upon by the contracting parties.

 

 

Utilizing the working time discount for trade union officials

§ 10

 

1.    The trade union's decision regarding the use of working time allowance

a)    in the case of continuous use of at least 15 days, at least 15 days,

b)    in the case of use not reaching the period specified in point a) , at least 8 days

first informs the head of the service station where the official is employed .

2.     Contrary to point 1. b ), the decision may be communicated at least 3 days before the use if the use is

a)    negotiations with the employer ,

b)    representation pursuant to Section 272 (7) of the Civil Code ,

e) compliance with a forfeiture deadline set out in a rule relating to employment ,

d)    the central decision-making body of the trade union or the central decision-making body of the company shall hold an extraordinary meeting


necessitates the convening of a meeting .

The trade union is obliged to indicate the above circumstances in the notification .

 

3.    Requests (notifications) made after the deadlines specified in points 1 and 2 may also be fulfilled. The employer must justify the decision to reject the request - if requested by the trade union .

 

4.    Absence pay is payable for the duration of the trade union working time allowance and consultation with the employer.

 

The Corporate Interest Conciliation Council § 11

 

1.    The employer and the trade unions operate a Corporate Interest Conciliation Council (hereinafter: CIC) as an industrial relations organization .

 

2.    The task of the VÉT is to reconcile interests between the employer and the trade unions, and to resolve issues related to the Collective Agreement .

 

3.     The members of the VÉT are the employer and the trade unions authorized to conclude collective agreements .

 

4.    The VÉT makes its decisions unanimously .

5.    The VÉT has a quorum if the employer and the trade unions authorized to conclude collective agreements are present at the meeting.

 

6.    The members of the VÉT are represented by persons entitled or authorized to represent them. If justified by the importance of the issue on the agenda, the head of the employer also participates in the VÉT meeting at the request of the trade unions.

Members of the VÉT may also consult an expert. The expert may only make a statement if the chairperson of the meeting grants permission to do so, upon the motion of the VÉT member concerned .

7.    The meetings of the VÉT are chaired by the chairman. Unless otherwise agreed, the chairmanship is given by the members in alternating order at each meeting.

The chairman is responsible for ensuring the efficient and smooth running of meetings. He/she must perform his/her duties impartially.

8.    The VÉT shall hold its meetings - unless otherwise agreed - at least once a month . The meeting shall be

- within five working days of the request - must be convened if requested by any member


submit a written motion stating the reason .

 

The proposer of the agenda proposal must send the proposals for the meetings in writing to the other members of the VÉT at least three days before the meeting .

 

9.     The employer is responsible for convening the meetings of the VÉT and ensuring its operating conditions .

 

10. The detailed rules of the operation of the VÉT - taking into account the provisions of this Section - are determined by its rules of procedure.                                              

11. In addition to the VÉT , local interest reconciliation bodies may operate for similar purposes , if the parties agree to this in the local appendix.

The provisions of this Section shall apply to their operation , unless otherwise agreed .


PART 111

NORMATIVE PART OF THE COLLECTIVE AGREEMENT

RIGHTS AND OBLIGATIONS ARISING FROM RAILWAY EMPLOYMENT, THE METHOD OF EXERCISE AND FULFILMENT OF THEM , AND THE PROCEDURES RELATED TO THEM

   CHAPTER 1

THE WORK RELATIONSHIP

 

 

Establishment of employment relationship § 12

1.       When establishing an employment relationship, if identical eligibility conditions (conditions required for the position, competence, health suitability , etc.) exist, preference shall be given to:

 

-   a person who was previously employed by the employer or the employer's legal predecessor and whose employment relationship was terminated for a reason related to the employer's operations,

-  persons and members of groups specified in the Equal Opportunities Plan valid at the employer .

2.     Within two years of termination of employment with Rail Cargo Hungaria Zrt., a person whose employment relationship

a)        immediate termination by the employer , or

b)        unlawful termination of employment by the employee [Article 84 of the Labour Code ].

§]

 

ceased as a result .

3.        The former employee may not be re-employed within the period corresponding to the severance pay paid in connection with the termination of the employment relationship , unless the remaining part of the amount received as severance pay, together with contributions, is repaid to the employer. In this case, the employment relationship shall be calculated in such a way that, taking into account the repaid amount as severance pay, the retroactive period giving entitlement to it shall be recognised as an employment relationship.


Formality of declarations concerning employment relationship § 13

 

In addition to the cases required by the Mt. , the following must be recorded in writing :

 

a)  prior notification of further employment or other legal relationship aimed at work ,

 

b)  the ordering of employment other than that specified in the employment contract [Mt. Section 53 ] ,

e)   ordering substitution ,

 

d)  exemption from work , if it is based on the employer 's permission ,

e)  ordering readiness and duty [Mt. Section 110 ],

 

f)  ordering extraordinary work [Mt. Section 108 ],

 

g)  granting and requesting leave of any kind ,

h)  handover and takeover of the job .

 

 

Obligation to provide information Section 14

1.    The employer is obliged to inform the employee in writing about the data set out in Section 46 (1) of the Employment Act, as well as the related provisions of the local appendix, within fifteen days of the start of the employment relationship.

2.    Before concluding an employment contract, the employee is obliged to inform the employer of his/her data and circumstances relevant to the employment relationship, in particular:

-       his/her clean record,

-       compliance with conflict of interest rules ,

-       his/her education, professional qualifications, special professional knowledge, experience,

-       his/her status as freely able to work ,

3.  The employee may not conceal from the employer any fact, circumstance, or condition that would hinder his employment or make it unlawful. The employee shall bear the consequences and damages resulting from his misleading information.

This obligation shall also apply to the employee during the employment relationship. If the employer fails to fulfill this obligation , 


exhibits unlawful conduct , the employer is exempt from material legal consequences.                                            

 

Probationary period

Section 15

 

 

The probationary period is 5 months, which is mandatory .

 

Total/intangibility

§ 16

1.         Relatives may not be employed - unless otherwise instructed by the employer - in a position in which they may be placed in a direct subordinate or superior, accounting or controlling relationship with each other.

 

2.         Membership of the executive board or supervisory board of a company that carries out activities that are partially or entirely identical to those of the employer - listed in the founding document - or that has regular economic relations with the employer, as well as the acquisition of ownership in such a company (with the exception of the acquisition of shares in a publicly traded joint-stock company) and the establishment of the company are subject to the obligation of prior notification.

 

 

The reporting obligation also extends to such activities or legal relationships of relatives .                                  

3.         The employer shall regulate the obligation to report the employee's further employment relationship or other legal relationship related to work , its limitations and the method of verification in a separate instruction.

 

 

 

Restrictions on employer termination

§ 17

 

1.    Only in particularly justified cases may the employer terminate the employment relationship of an employee who:

a)    is solely responsible for the maintenance of at least three family members in their own household (a spouse receiving childcare allowance or childcare support shall also be considered a dependent family member),

b)    as a single person, he/she takes care of the maintenance of a child under the age of 16 ,


2.    Regarding the particularly justified case, the provisions set out in MK. Resolution No. 10 shall apply.

 

Period of mandatory exemption from work

in the event of termination of employment by the employer

§ 18

 

1.    In the event of termination of employment for reasons related to the employer's operations, the employee shall be exempted from work for the entire period of notice [Mt. Section 69 (1) and (2)], except for the period of the handover and acceptance procedure specified in Section 21 of the KSZ. The duration of the handover and acceptance procedure may not exceed 1 week.

 

2.    If the employer terminates the employee's employment relationship by notice for a reason related to the employer's operations , the notice period and the period of mandatory exemption from work shall be at least 60 days, or 90 days in the case of termination by the employer within five years prior to the old-age pension age . 

 

Benefits for employees affected by staff reductions

§ 19

 

1.      In addition to the severance pay specified in Section 77 (3) of the Labor Code , the employee shall be entitled to:

 

- at least    

10

annual,

the

employer

by

continuous

recognized employment relationship

in case of

 

 

 

 

 

 

1 month,

- at least in case    

15

annual,

the

employer

by

continuous

recognized employment relationship 2 months,

- at least    

20

annual,

the

employer

by

continuous

recognized employment relationship

in case of

 

 

 

 

 

 

4 months,

- at least    

25

annual,

the

employer

by

continuous

recognized employment relationship

in case of

 

 

 

 

 

 

6 months,

- at least    

30

annual,

the

employer

by

continuous

recognized employment relationship

in case of

- at least    

31

annual,

the

employer

by

continuous

8-month, recognized employment relationship

in case of

 

 

 

 

 

 

9 months

You are also entitled to a separate severance pay corresponding to your absence fee , as described in Annex No. 2.

2.      The special severance pay specified in point 1 shall only be payable to an employee whose employment relationship has been terminated for reasons related to the employer's operations. This special severance pay shall not be payable to an employee whose entitlement to severance pay is excluded by Section 77(5) of the Employment Act .


3.      When determining the period that can be taken into account for the purpose of entitlement to severance pay, paragraph 77 (2) of the Employment Act shall apply, with the exception that the period of entitlement shall not be reduced by the duration of incapacity for work due to illness not exceeding 180 consecutive days, or by travel and work accidents (industrial accidents) .

 

 

Termination with immediate effect

§ 20

 

The guidelines for exercising the right to immediate termination from the employer's side are set out in the separate employer's instructions.

 

 

Procedure in the event of termination (termination) of employment

Section 21

In the event of termination (termination) of the employment relationship, the employee is obliged to transfer his/her job to the employee designated by the employer, in the manner and order specified by the employer, in writing. The employer is obliged to ensure the conditions for this.

 

Upon termination of the employment relationship by notice, the parties are obliged to settle the accounts with each other no later than the last day of work, otherwise no later than the fifth working day after the termination of the employment relationship .


    CHAPTER 2

 

WORKING TIME

REGULAR WORKING HOURS

Full - time

§ 22

 

1.   At Rail Cargo Hungaria Zrt., the full working time - provided that the employment relationship rule does not stipulate shorter working hours - is 7.4 hours per day .

2.    The employer has the option of establishing a full-time working time longer than the full-time working time specified in point 1 - for a fixed period - in certain service positions and/or for certain job groups, provided that in such a case the employee's basic wage must be increased for the same period as the increase in working time. The amount of the basic wage increase is 15% in the case of an increase in working time to 8 hours a day , and in other cases it is 15/8 times the percentage value of the increase in working time (2.5% in the case of 7.5 hours, 5.6% in the case of 7.6 hours, 7.6% in the case of 7.7 hours, 10.1% in the case of 7.8 hours, 12.6% in the case of 7.9 hours, rounded to the nearest 100 forints). In all such cases, the employer is obliged to seek the opinion of the trade unions entitled to conclude collective agreements regarding the measure.

3.    In the case of work that is particularly harmful to health or is particularly dangerous, the time that can be spent on harmful (dangerous) activities - unless a lower limit is specified by law - may not exceed 6 hours per day (per shift) . In this regard, the provisions of Annex 1 shall be taken into account.

4.    Any stipulation of a shorter full-time working day than that set out in points 1 and 2 is invalid. However, it is possible to agree in an employment contract that the employer will only employ the employee for part of the full working time (part-time).

5.    An employee whose job is on-call   may be employed with a full daily working time longer than that specified in points 1-2 . A job is on-call if it is classified as on-call under Section 91 of the Labour Code.

In the event of longer daily working hours - unless otherwise agreed - the basic wage shall be determined in proportion to the increase in working hours.

 

 

 

 

 

 

 

13 J- .      


Working hours

§ 23

 

1.    The employee shall be employed with a defined working time frame ,           taking into account the provisions of this Section .

 

2.    The working time frame for the employee must be formed taking into account the daily full working hours specified in Section 22 of the Employment Act and the working days of the relevant period - taking into account the provisions of point 6 (the working time frame is the product of the two).

 

3.   Employees employed in permanent daytime work schedules and in scheduled traveling work schedules must be employed within a monthly working time frame .

4.   Between July 1, 2012 and December 31, 2015, all employees of Rail Cargo Hungaria Zrt. shall be employed on a monthly working time basis. After the expiry of the fixed term - unless the Parties to the Collective Agreement agree otherwise - paragraph 5 shall come into force again.

5.    Employees employed under any other work schedule, other than permanent day workers and those employed under a scheduled travelling work schedule, must be employed within a two-month working time frame, provided that the parties may agree in a local appendix on the application of three and four-month working time frames.

 

6.   Seasonal workers must be employed taking into account the annual working hours [ Article 31 of the Employment Act] .

7.  When determining the monthly (multi-monthly) mandatory working hours (working time frame) of an employee who regularly works on a public holiday , the public holiday falling on the working day of permanent day workers must be disregarded as a multiplier .

 

This provision does not affect the employee's obligation to work on public holidays , which is part of his regular working hours [ Mt. Section 102].

For work performed on a public holiday, the employee is entitled to an absence bonus in addition to the salary for that day's work.


Defining work schedules

§ 24

 

1.          Thework schedulesapplicableat Rail Cargoin particularthe following:

1.1.        General work schedule (permanent day workers)

1.2.         Work schedules that differ from the general ones

a)       extended, permanent daytime work schedule,

b)      multi-shift work schedule,

c)       uninterrupted work schedule,

d)    controlled travel schedule,

e)      other work schedule.

 

2.          The work schedules applicable to the given duty station, adapted to the operating hours, technology and the work tasks resulting from them, shall be defined in a local appendix.

 

3.       If the work schedule also changes with the change in the job title, the basic salary established for the new job title includes the compensation related to the change in the work schedule.

 

4.           If the employee was laid off before the change in work schedule

-   if they were employed in a multi-shift [KSZ 24. § 1.2 b)] or uninterrupted work schedule [KSZ 24. § 1.2 c)], and then are employed in a permanent daytime work schedule [KSZ 24. § 1.2 a)], then the employee's basic wage is increased by 10%,

 

-   if they were employed in a multi-shift [KSZ 24. § 1.2 b)] or uninterrupted work schedule [KSZ 24. § 1.2 c)], and then are employed in a permanent daytime work schedule [KSZ 24. § 1.1], then the employee's basic wage is increased by 15%,

-  was employed in a permanent daytime work schedule [KSZ 24. § 1.2 a)] and then is employed in a permanent daytime work schedule [KSZ 24. § 1.1], then the employee's basic wage is increased by 7.5%,

must be raised simultaneously with the change in work schedule .

In this case, the basic salary maximums determined for each level according to the classification may be exceeded by the amount specified in this point .     

This basic salary increase can only be applied once per employee and per legal title (paragraphs 1, 2 and 3).


There can be no valid deviation from the provisions of this point .

 

General rules on working hours § 25

 

1.       If the work schedule allows for multiple working hours or establishes it as a framework, the working hours schedule -by the 25th of the month preceding thedocumentof the working hours schedule is the register kept by the employer, and wage settlement is based on this. The duplicate does not need to be given if the employee does not request itand declares this in writing.

 

The previously announced working hours can be modified according to Section 26 of the Labour Code .

 

2.         When preparing the working time schedule, the rules relating to full-time work, rest periods and overtime must be taken into account.

 

3.        In on -call positions, the duration of time spent on duty may exceed 12 hours, but its upper limit - unless otherwise provided in the local appendix - is 16 hours. If the position is not considered to be on-call, the duration of time spent on duty - with the exception of the provisions of Section 108 (2) of the Labour Code - may not exceed 12 hours.

For periods of employment exceeding 12 hours due to the provisions of Section 108 (2) of the Labor Code, remuneration is paid according to overtime work.

4.          Types of working hours

 

a)    equal (working hours are the same on all working days ) ,

 

b)    unequal     ( depending on the work tasks, the amount of working time on working days varies),         

 

e) informal ( the employee determines the allocation and use of working hours as set out in Section 96(2) of the Employment Act),

 

d)    flexible (the allocation and use of working hours is determined partly by the employee and partly by the employer),

e)    seasonal work schedule ( different monthly and daily working hours in the main and off - season ),

f)     split working hours ( daily working hours (service) must be completed in two parts ).                               


5.    The working time schedule shall also take into account the duration of preparatory and finishing work related to the job. These works and their duration shall be specified in a local appendix.

 

Change your work schedule

§ 26

 

1.     The employermay unilaterally modify , while simultaneously notifying the affected employeesmodification of the working time schedule shall be made in a manner that can be verified subsequently, by crossing out the schedule and by simultaneously signing it with the signature of the person making the modification.

 

2.      The working time schedule may also be modified upon the employee's written request, in which case he/she is not entitled to special remuneration.

 

3.    If the modification of the working time schedule according to point 1 modifies the employee's services within a week, he/she is entitled to a total of HUF 2,850 in additional compensation.

4.      The number of changes to the working time schedule in accordance with point 3 may not exceed three per month, which may sometimes affect several services . This cannot be validly deviated from.

 

Working hours of permanent daytime employees

§ 27

 

1.         The working hours of permanent day workers -provided that other working time schedules specified in this Section are not applied - shall be divided equally over the prescribed working days of the working time frame.

At the employer's discretion, a shorter working time than the full daily working time, but at least 4 hours, may be established on the last working day of the week. In such a case, the working time on the other working days of the week increases proportionally.

 

2.         In those service positions or in those jobs where work tasks occur unequally, unequal working time distribution may be applied, taking into account the provisions of Section 97(3) of the Labour Code .

3.        The working time schedule according to points 1 and 2 shall be recorded in the local appendix to the KSZ.

If the technical conditions are suitable, flexible working hours can also be applied. The introduction of flexible working hours can only be decided by the employer authorized to conclude a local appendix, and he must also decide on the detailed rules of the flexible working hours .

IS.

 

4.              Those exercising employer authority work in a flexible working schedule                          


their work. In addition, local appendices may prescribe the application of a flexible working time schedule for certain jobs. Employees employed under a flexible working time schedule - with prior notification to the person exercising the employer's authority - determine the schedule of their working time and rest time themselves.

 

 

Accounting for working time deficit

§ 28

 

If the mandatory hours (working hours) of employees employed within the working hours framework are not met for reasons arising within the employer's scope of operations, the employee is entitled to absence pay for the lost working hours.

 

Restrictions on consecutive night work for employees performing shift work and those employed in a scheduled itinerant work schedule

§ 29

 

Employees performing shift work and those employed in a directed travelling position may be required to work a maximum of two consecutive nights. In this respect, night duty is considered to be work for at least 4 hours between 10 p.m. and 6 a.m.

 

Split working hours of a rotating (shift) employee

Section 30

 

1.    In those places of service or in those positions where (in which) the performance of the service allows, the daily working hours (service) may be interrupted (divided).

 

The duration of the work break cannot be less than 3 hours and cannot exceed 6 hours.

2.     If the employee spends the non-work part of the split working time at his workplace, it is not considered on-call, however, the rules for remuneration of on-call must be applied accordingly for this period.

3.     The application of split working hours does not affect the nature of the uninterrupted work schedule, if the conditions for the uninterrupted work schedule are otherwise met [KSZ

Section 34 e)]. In this case , the employee is entitled to the shift allowance established for the uninterrupted work schedule for the time considered as working time .

4.   Daily working hours (service) may only be interrupted (divided) once .


5.    The necessary additional rules regarding split working hours shall be laid down in a separate agreement between the employer and the trade unions.

 

 

 

Application of seasonal work schedule

Section 31

1.     The employer and the trade unions shall agree on the application of the standard work schedule in a local appendix.                              

 

2.    The annual working hours of seasonal workers [CSZ Section 23, Section 6] shall be determined on a monthly basis.

The employee's overtime work must be taken into account based on the monthly working hours.

 

3.    In the case of applying a flexible work schedule, the absence pay for the period of leave shall be determined based on the annual average daily working hours.

 

Other provisions regarding regular working hours

§ 32

 

1.    The time spent on the mandatory training required for each job position and on the mandatory periodic exam is working time, the actual duration of which, but not more than the full daily working time specified in Section 22 of the Employment Act per working day, shall be accounted for with absence pay.

 

2.    Time spent on preparatory training for various exams (professional exams) - if the employee's participation is not mandatory - is not working time.

 

3.  The employee is entitled to an absence payment for the necessary and certified duration of the periodic and extraordinary fitness medical examination requested by the employer, as well as the vision examination required in the case of employment in front of a screen - but not more than the full working hours specified in Section 22, Sections 1, 2, and 3 of the KSZ per day . The period spent travelling in excess of this shall be paid in accordance with Section 56 of the KSZ .

The employee must be notified in advance of the medical examination as part of the working time schedule. If the employee misses the medical examination through no fault of his own and does not have a valid medical examination, he must be prohibited from working and is not entitled to wages until the medical examination has been completed.

If, regardless of the missed medical examination, the employee is still medically fit to perform the job, he or she may continue to be employed until the fitness period expires, but in the event of a missed examination, the adverse consequences specified in Section 67 of the Employment Act may be applied to him or her.


If the employee is unable to work due to the authority's delay , the employee is entitled to absence pay for this period.

 

4.  The workwear allowance is collected during working hours. If the conditions for this are not met, the time spent on collection is considered working time and must be accounted for accordingly.

 

5.    An employee shall be entitled to wages for working hours lost due to reasons outside the scope of operation of Rail Cargo Hungaria Zrt. only in the cases specified in the law. However, upon the employee's request, it shall be possible for him to make up the time not worked subsequently.

(The time of subsequent performance is not extraordinary working hours.)

 

6.   The time of a hearing ordered by the employer (outside the planned working hours ) and the time of a witness hearing that arises in the employer's sphere of interest must be considered and accounted for as working time.

 

Special provisions on working hours for employees employed in a scheduled travelling work schedule

§ 33

1.         The working hours of an employee employed in a scheduled travelling work schedule are the duty hours, which are the period from reporting for duty to reporting for duty, excluding waiting time. Accordingly, waiting time is not considered working time. Waiting time is the period of time beyond the standard time at a round trip or intermediate station within a duty, which reaches or exceeds 5 hours, provided that the employee is provided with a quiet, restful, undisturbed accommodation. The upper limit of the waiting time may not exceed 7 hours. For the duration of the waiting time, the employee is entitled to remuneration equivalent to 50% of his/her basic salary.

2.         In the working time schedule, the employer shall indicate the planned place and time of commencement of work and the planned place and time of completion of work.

3.         If the place of commencement of work changes, working hours shall begin either at the originally scheduled time or, if earlier, at the time of arrival at the new place of commencement of work.

4.         The travel time between the employee's place of residence and the place where work begins, or between the place where work ends and the employee's place of residence , for both the outward and return journeys, shall not exceed 1.5 hours (commute time).

If the travel time between the place of residence and the place of starting work exceeds 1.5 hours (commute time), the time exceeding this is considered travel time.

 

 

 



If the actual place of completion of the work is further away from the place of residence than the distance between the planned place of completion of the work and the place of residence, then the travel time for the differential distance exceeding the commuting time is considered working time, and the part exceeding 12 hours is considered travel time.

 

The employee is entitled to basic salary for the travel time .

 

5.         Preparatory and finishing work related to the work is part of the daily working time, and the daily working time cannot be exceeded by these periods.

6.         Driving time: The part of the working time when the driver is required to be on the locomotive and is responsible for the operation of the vehicle. Driving time does not include the time spent putting the vehicle into service and taking it out of service, as well as breaks between work.

 

7.         Provisions regarding the time that an employee employed in a scheduled travelling work schedule may spend on a single duty:

a)   the duty hours - taking into account the other provisions of this Section - must be planned for a period of at least 6 hours. The duty hours may not exceed 12 hours per day [Mt. Section 99 (2)],

b)   if the employee - as stipulated in Section 25 of the KSZ - fails to complete his/her originally planned service, in part or in full, within the deadlines stipulated in Section 26, point 3 of the KSZ, the period corresponding to the originally planned service shall be calculated, regardless of the reason for the failure - arising from the employer's side .

 

8.         The number of hours of absence (working time + waiting time + travel time [CSZ Section 33 (4)] of those employed in a scheduled travelling position may not exceed 220 hours per month.

 

Definitions and interpretations of terms

§ 34

 

1.          In the application of the Collective Agreement and other rules relating to employment

a)    full-time working hours: the time prescribed for work, which extends from the prescribed start of work to the end of work, without interruptions and breaks that cannot be counted as working hours.

b)    working time frame: the amount of weekly, monthly, multi-monthly, or maximum annual working hours that must be completed by the employee.

e)    working time schedule: the division of the working time frame into working days and the individual

 



d)     a workplace or job with a multi-shift work schedule is one where the daily operating (service) time exceeds the employee's full daily working time, and therefore the employees regularly perform the same activity in turns within a given day.

e)    work performed in an uninterrupted work schedule is the time spent working in a workplace that operates without interruption (day and night, without holidays), if the employee's shift schedule changes regularly, or a work schedule that requires uninterrupted work on weekdays or operating days.

 

f)      extended permanent daytime work schedule is a work schedule that falls predominantly in the morning and afternoon hours, in which the start and end times of work differ from those of the general work schedule. A further characteristic of this work schedule is that the order in which rest days are allocated also differs from that of the general work schedule.

 

g)    scheduled travel schedule :

A specific method of uninterrupted work schedule applied by the employer, which, based on the main characteristics of the work schedule:

-      the employee's work obligation may be imposed, in accordance with the employer's instructions, without interruption, on any day of the year between 00:00 and 24:00 at any time (night, day, public holiday, etc.) ,

-  the duration of working hours for each working day can be divided unevenly within the daily working hours and 12 hours,

-   taking into account the legal provisions regarding daily working hours, rest periods, overtime and night work.

h)    Employees employed in a guided passenger work schedule : Locomotive driver 1-II.,

Trainee train driver .

 

2.          If the Collective Agreement stipulates the payment of a certain percentage of the basic wage as a supplement or separate remuneration, this should be understood as a time-proportionate payment (e.g. 50% of the basic wage is equal to 50% of the basic wage per hour, multiplied by the time content to be taken into account).

 

 

 

 

 

 

 

 

 

 

 

 

 

22


  CHAPTER 3

EXTRAORDINARY WORKING HOURS

Extraordinary work

Section 35

 

1.    For the purposes of Section 107 of the Labour Code , the following shall be considered extraordinary work :

a)    working outside the normal working hours ,

b)     work performed outside working hours ,

e) in the case of application of the settlement period , working hours exceeding the weekly working hours on which it is based , and

d) duration of duty .

 

2.    The employer may oblige the employee to perform extraordinary work in particularly justified cases, which must be ordered in writing, stating the reason. Extraordinary work may also be ordered verbally if it is due to the cases specified in Section 108(2) of the Labour Code.

3.    Work ordered to maintain freight transport in the event of extreme weather conditions falls within the scope of the cases specified in Section 108 (2) of the Labour Code - and is therefore not subject to restrictions .

4.    The procedure for issuing a receipt for accounting for extraordinary work is stipulated in the employer's internal regulations.

 

5.    It is not necessary to issue a certificate of extraordinary work to those providing traveling services or those employed under a scheduled traveling work schedule .

 

Remuneration for extraordinary work

§ 36

 

1. Between       August 1, 2015 and December 31 , 2018 in the event of extraordinary work

- with the exception stated in the fourth point - the employee is entitled to the following allowances in addition to his regular salary :

 

0 - 75 hours

50%

76 - 150 hours

70%

151 - 250 hours

90%

251 - 280 hours

100 %

After the expiry of the fixed period - unless the Parties to the Collective Agreement agree otherwise - paragraph 2 shall come into force again.

 

 



2.

      In the event of extraordinary work - with the exception stated in the third point - the employee is entitled to the following allowances in addition to his regular salary :

 

0 - 20:00

55 %

21 - 144 hours

75 %

145 - 200 hours

100 %

201 - 230 hours

115 %

231 - 250 hours

135 %

251 - 280 hours

155 %

 

3.  

The duration of all extraordinary working hours [ Article 35 of the Labour Code] is included in the 280- hour amount of extraordinary working hours.

The duration of extraordinary work for employees over the age of 57 may not exceed 200 hours per year.

 

4.   The relevant provisions of the Labour Code shall govern the remuneration of extraordinary work listed in subparagraph d) of Section 35 , point 1 of the Labour Code .      

5.    Times incurred as extraordinary work must be recorded separately for accounting purposes and paid for in a single payment for the reason for their occurrence.

6.  At the employee's request, the parties may agree that instead of the supplement, the employee is entitled to free time as compensation , as provided for in Section 143 (2) of the Labour Code.

 

7.   In the case of a multi-month working time frame, extraordinary work beyond the working time frame shall be determined and accounted for at the end of the applied working time frame. All other extraordinary work shall be accounted for in the month in which it occurs.

8.    Employees employed during non-scheduled working hours are not entitled to time off or monetary compensation for extraordinary work .

 

The readiness

Section 37

 

1.    Standby is defined as service to be performed at a location designated by the employee - accessible with regard to the place of work - during which the employee is required to be ready to work for a specified period of time outside of normal working hours.

The employer is obliged to accept the employee's place of residence or residence - if it is accessible in view of the place of work - as the place of availability. The employee is not obliged to provide any further information beyond the place and method of contact.

Other conditions of availability may be specified in a local appendix .

 

 



2.     The scope of cases for ordering readiness may be determined by the local appendix - taking into account Section 110 (2) of the Civil Code . i

 

3.    The employer's representative must order the standby duty - in writing - at least 1 week before its commencement and at least 1 week in advance - taking into account the provisions of points 1 and 2 .

The preparation of the standby schedule and the demonstrable acknowledgment of it by the employee also constitute a written order.

 

4.    An employee may be ordered to be on standby for 800 hours per calendar year. A local appendix or a written agreement with the employee may determine a higher amount, taking into account the provisions of Section 112 (1) of the Labor Code.

5.    The employee is not entitled to rest time after being on standby - if no work was ordered during the standby period.

6.     Between August 1, 2015 and December 31 , 2018 , the employee is entitled to 20 % of the basic salary for the duration of standby up to 300 hours per year, 25% of the basic salary for the duration of standby between 301 and 800 hours , and 30% of the basic salary for the duration of standby exceeding 800 hours .

If the employee spent the standby time at the employer's premises with the employer's prior consent or based on a separate written agreement, the provisions of Section 38, point 3, shall apply to his remuneration.

After the expiry of the fixed period - unless the Parties to the Collective Agreement agree otherwise - paragraph 7 shall come into force again.

7.    For the duration of standby time up to 300 hours per year, the employee is entitled to 25% of the basic salary, and for the duration of standby time between 301 and 800 hours, 30%.

In the event of an agreement for a period exceeding 800 hours, a higher remuneration amount must be established in a local appendix for the part exceeding 800 hours .

If the employee spent the standby time at the employer's premises with the employer's prior consent or based on a separate written agreement, the provisions of Section 38, point 3, shall apply to his remuneration.

8.    In the case of work ordered during standby [KSZ § 35. 1/e.], the employee is entitled to remuneration according to § 36. KSZ from the time of the alert until his/her return to the place of standby.

The local appendix may establish a flat-rate payment to cover extraordinary work arising in this way.

Unless otherwise agreed in writing, the employer is obliged to deliver the employee to the place of work and to the place of readiness after the work is completed.


9.    The provision set out in Section 112(2) of the Civil Code shall apply to the order of readiness.

 

10. Employees employed on a scheduled traveling work schedule may be ordered to be on standby, provided that it does not exceed 12 hours per month in the case of employees employed on a scheduled traveling work schedule and cannot be ordered after night duty.

 

Section 38 of the duty

1.        On-call duty is defined as availability outside the employee's regular working hours at a place and time specified by the employer .

2.        

An employee may be ordered to work a maximum of 300 hours of on-call time per calendar year .

 

3.         Remuneration for on -call duty :

-      

in the case of on-call duty ordered for a working day , 50% of the basic salary ,

-      

in the case of on-call duty ordered on a rest day or public holiday , the employee is entitled to 65% of the basic salary.

4.         Otherwise, the rules of Section 36 shall apply to on -call duty - accordingly .

 

Special rule for ordering on - call and standby duty

§ 39

 

On-call and standby orders may be ordered for a specific period and job position only with the permission of the Chief Executive Officer or the Chief Financial Officer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



THE REST OF TIMES

Section 40 of the work break

1.    The duration of the break between working hours - unless a local appendix stipulates a longer duration - is 20 minutes, and if the duration of the working time exceeds nine hours, an additional 25 minutes. The place and time of taking the break between working hours must be specified in the local appendix.

 

2.     The break between work hours shall be taken within working hours for all employees, except for the second break between work hours for employees employed in non-standby positions with a 12-hour shift (rotational) work schedule, who are required to provide personal service, which does not form part of working hours. The duration of the second break between working hours shall be remunerated at 175% of the basic wage.

The affected jobs must be specified in a local appendix .

3.    The employer shall specify in the instructions the time interval(s) in which the employee employed in the assigned traveling position may take a break during working hours. The driver may take a break during working hours in such a way as not to disrupt the course of operational processes as much as possible.

Further detailed rules shall be specified in the local appendix .

If, due to an extraordinary technological reason or an event specified in Section 108 (2) of the Labor Code, any break cannot be granted until the start of the sign-off period, it must be documented in a manner specified by the employer and paid at 175% of the basic salary.

 

 

 

Daily rest period for those employed in rotating (shift) work and in guided traveling jobs

Section 41

 

The daily rest period for those working in shifts and those working as traveling workers is 12 hours, which must be taken into account from the time they arrive at their home (permanent or temporary place of residence) until they leave for work. Local regulations may differ from these measures, but the daily rest period cannot be less than 8 hours.


Different provisions regarding rest days for those working in shifts and those employed in guided traveling jobs

§ 42

1.    The two rest days per week for those performing shift work shall be designated and granted in such a way that there is at least 48 hours of uninterrupted rest between two shifts. At least once a month, the 48- hour rest period shall be provided in such a way that it includes a full Sunday.

-  In the case of employees performing on-call service - not including those employed in reserve positions - a 48-hour rest period must be provided at least once a month between 0:00 on Saturday and 24:00 on Sunday. A local appendix may provide otherwise.

In the case of line and station reservists, a 48-hour rest period must be provided at least once a month , including the period from 8 am on Saturday to 5 am on Monday.

 

-   In the case of employees employed under a scheduled traveling work schedule, a 54-hour rest period must be provided at least once a month, including 0 hours on Saturday and 24 hours on Sunday.

-   In the case of an employee employed under a scheduled traveling work schedule, this rest period may only be assigned with the employee's prior consent for the weekend when the Saturday preceding Sunday was declared a working day in accordance with Section 102(5) of the Labor Code.

2.     In the case of an employee employed in a standby position, in a continuous work schedule or in a work schedule of three or more shifts, based on the provisions of the local appendix, more than two rest days may be granted in a combined manner at the employee's initiative within the applied working hours.

 

3.  Instead of the rest days specified in points 1-2 of this §, the employee may also be provided with an uninterrupted rest period of at least 42 hours per week, based on the provisions of Section 106 of the Labor Code. In this case, however, the employee must receive at least 48 hours of weekly rest on average over the working time frame.

4.    Different rules for permanent daytime employees with extended working hours and those with rotating (shift) work schedules:

a)    Rest days for permanent day workers with extended working hours shall be provided on the days following their shifts, with two days per week designated as rest days. Upon the employee's prior request, two rest days per month shall be granted on a Saturday and the following Sunday .

b)    In the case of a four-shift work schedule, weekly rest time must be provided during the long (46-50 hours) free time between the two shifts .

 

 

J

 
28


e) In the case of a 12/24 work schedule , weekly rest time must be provided in exchange .

 

d)    If the employee's work schedule changes (eg from a four-shift shift to a 12/24 shift), the rest time must be granted according to the changed work schedule, of which the employee must be notified in advance.

5.    For those employed in a guided traveling position, rest days (rest periods) must be designated in the working time schedule published in accordance with Section 25, Point 1 of the KSZ, and the employee must be demonstrably notified thereof.

The rest day (rest period) must be designated by indicating its starting and ending times .

 

Extraordinary and additional leave

§ 43

 

1.                   The employee shall be granted one working day of extraordinary leave per calendar year, at his/her request.

 

2.                    Extraordinary leave shall be granted at the time specified by the employee. The employee shall notify the employer of his/her request at least 15 days in advance. The use of extraordinary leave shall not result in extraordinary work for the employee entitled to it and shall be in accordance with the leave schedule of the given organizational unit.

 

3.                    The employee is not entitled to remuneration for the duration of the extraordinary leave .

 

4.                     All employees who are or have already reached the age of 50 are entitled to one working day of additional leave per calendar year, with payment of the holiday pay . The employee is first entitled to additional leave in the year in which he or she reaches the age of 50.

 

5.                    Extraordinary or additional leave not taken in the current year cannot be used after the current year.

 

Study work time discounts

Section 44

 

Based on the employer's designation (obligation) , employees participating in training - with the exception of so-called "residential" (daytime) courses and courses lasting less than ten working days - are entitled to the following working time allowance :

a)     1 working day off per exam subject for obtaining a basic qualification . The total working time allowance for obtaining a qualification - including written, oral, theoretical and practical exams - may not exceed 4 working days.


and,

 

b)    2 working days off per exam subject for obtaining a secondary qualification. The total working time allowance granted for obtaining a qualification - including written, oral, theoretical and practical exams - may not exceed 8 working days .

 

e)    3 working days off per examination subject for obtaining a higher education qualification . The total working time allowance granted for obtaining a qualification - including written, oral, theoretical and practical examinations - may not exceed 12 working days .

 

 

If the completion of a diploma thesis (dissertation) is also required to obtain the qualification, the employee is entitled to an additional 5 working days of time off.

The employee is entitled to absence pay for the duration of the study working time discount and the exam day.

The time spent by the employee in studies pursuant to this Section shall be considered and accounted for as working time, and the employee shall be instructed in advance to do so as part of his/her working time schedule.


CHAPTER S

 

RULES FOR REMUNERATION OF WORK

Determining the basic salary

§ 45

 

1.    The basic salary of all employees of Rail Cargo Hungaria Zrt. shall be determined in monthly terms.

 

2.      The payment of wage supplements may only be prescribed by the provisions of the Collective Agreement, in addition to the statutory regulations governing the employment relationship.

 

 

Determination of wages for employees who have become unfit for certain jobs related to the core railway activity due to health reasons

Section 46

 

1.        The wages of an employee performing a job specified in Annex 3shallbedetermined in accordance with this Section, provided that:

 

a)    has become permanently unfit to perform his/her job due to a deterioration in his/her health resulting from service, and therefore had to be transferred to another job, if      

b)    the employee's service in the positions specified in Annex 3 reaches 15 years.

(The positions listed in Annex 3 cannot be interpreted broadly, and the time spent performing other activities cannot be taken into account. If the employee has worked in more than one of the positions listed in Annex 3, these times must be added together.)

 

2.         Permanent medical unfitness to perform the job may only be determined by an occupational health specialist.

 

3.         After the employee has been determined to be permanently unfit for his/her job, he/she must be offered a job for which he/she has the necessary qualifications and health suitability and which, if filled, will not result in a loss of earnings compared to his/her previous average earnings . If the average earnings in the offered job do not reach 85% of the average earnings available in his/her previous job, the employee's salary must be supplemented to that extent (wage supplement). The average earnings available must be determined based on the average of the average earnings of at least three employees of the same age, qualifications and experience employed in the same job and at the same place of service as the employee.


4.         The wage supplement must be paid as a personal allowance against the wage cost .

 

5.         The amount of the personal allowance must be reviewed and, if necessary, modified every six months, no later than January 31 and July 31, or whenever the employee's basic salary changes.

 

6.          When determining the amount of the personal allowance due to the employee, the total amount of the accident benefit, regularly paid compensation or other benefits must also be taken into account.

7.            The employer determines the personal allowance and arranges for its payment .

8.             The determination and payment of the personal allowance shall be carried out ex officio .

9.          If the employer terminates an employee who cannot be employed in his or her original position due to permanent health incapacity within 1 year of the determination of the incapacity for work for a reason related to the employer's operations, in addition to the severance pay due under the Labor Code and the Collective Labor Agreement, he or she shall be provided with an additional 5 months of absence benefit as social benefit.

10.    The provisions of this Section do not apply to employees with health impairments falling within the scope of Government Decree 327/2011.


WAGE ALLOWANCES

The shift allowance

§ 47

 

1.    The amount of the shift allowance for employees working multiple shifts is:

 

a)    20% of the basic wage for work performed in the afternoon shift ,

b)    40% of the basic wage for work performed during the night shift .

 

2.    Employees employed on a continuous work schedule are entitled to a shift allowance equivalent to 30% of the basic salary for the actual working hours worked .

 

3.    Employees employed on a 12/36 work schedule are entitled to a shift supplement equivalent to 10% of the monthly basic salary - if the working hours fall on the morning or afternoon shift - if the average daily working hours, including breaks, reach 11 hours.

4.    For the purposes of this paragraph, the basic wage includes the basic wage, the fee for extraordinary work without compensation, and the performance wage.

5.    In the case of a work schedule determined in accordance with Section 24, Section 1.2, Subsection d) of the KSZ , the amount of the shift allowance must also be recorded in the local appendix.

 

Night supplement

§ 48

 

Employees who are not entitled to shift allowance and work at night (between 10 pm and 6 am) are entitled to a night allowance equal to 40% of their basic wage for the duration of the night work.

 

Supervision and vehicle inspection team leader allowance

§ 49

 

1.  Supervision supplement: In thosejobs in which theNationalDevelopment19/2011 . (V. 10.) NFM definessupervised practical activityand based on that, theprofessional training instructionsdefine supervised work for specific jobs, thetraining (supervision)on a separate assignmentis entitled to a supplement equal to 20% of his/her basic salary for the duration of the training (supervision).


Only a person who is currently listed in the list of practical official instructors kept by the National Traffic Safety Authority may be entrusted with the task of traffic safety (supervision).

The supervision allowance is also payable to employees performing occupational safety supervision on a special assignment .

An employee is only required to train or supervise another employee based on a separate, written assignment to that effect. Based on the written assignment, the employee is responsible for the person being trained and for their work.

 

2.   Wagon inspection team leader supplement: Employees classified as wagon inspectors who perform additional (team leader) tasks specified in professional instructions are entitled to a supplement.

The amount of the supplement is 10% of the employee's basic salary .

The service locations where payment of the allowance is required based on technology must be recorded in a local appendix.

 

Emergency service allowance

Section 50

 

1.    An employee performing damage control and rescue work on a special assignment is entitled to a supplement for the period from the alarm until the return to the site.

 

2.    The amount of the supplement is 10% of the employee's basic salary .

3.    An employee is not entitled to the allowance set out in this Section if he/she performs his/her damage control or rescue duties in the context of standby (on-call) duty.

 

The replacement fee

Section 51

 

1.         Redirection is considered substitution if the employee, in addition to performing his/her job duties, performs tasks belonging to another job in such a way that the duration of work belonging to the two jobs cannot be separated.

2.          In all cases, substitution must be ordered in advance, in writing, simultaneously specifying its expected duration, the task to be performed and the substitution fee. The condition for ordering substitution is that both job positions are included in the employer's staffing plan for the given year.

3.         The replacement fee due to the employee performing the replacement shall be determined taking into account the amount and nature of the additional task in such a way that :


that its amount - regardless of the number of employees performing the replacement - cannot exceed 50% of the basic salary of the replaced employee.

4.         If the basic salary of the replaced employee cannot be determined, the basis for calculating the replacement fee is the average basic salary of employees holding similar positions in the given organizational unit.

 

Employment other than employment contract § 52

 

1.   The employer is entitled to temporarily employ the employee in a job position other than that specified in the employment contract (hereinafter referred to as reassignment), at a workplace (hereinafter referred to as secondment), or with another employer (hereinafter referred to as secondment). The duration of the secondment may not exceed 150 working days per calendar year.

 

2.  The duration of the redirection shall not exceed 150 working days per calendar year .

3.    For the duration of the transfer, the employee shall be paid in addition to the remuneration specified in Section 53(5) of the Act.

-       an additional 10% of the basic salary for up to 66 working days ,

-       an additional 20% of the basic salary for 67-87 working days ,

-       an additional 30% of the basic salary for 88-110 working days ,

-       For 111-150 working days, you are entitled to a special remuneration equivalent to an additional 40% of your basic salary .

4.   In the event that the redirection is carried out in accordance with Section 51 of the KSZ (substitution), the rules on the substitution fee shall apply instead of the fee rules of this Section.

 

5.  The duration of the posting may not exceed 44 working days per calendar year . The following positions are exceptions to this: accounting specialist lecturer 1., material and equipment management specialist lecturer, wagon inspector, goods handling wagon inspector, instructor, mixed transport specialist lecturer, mixed transport expert. However, the duration of the posting may not exceed 66 working days per calendar year even for these positions.

 

6.   In relation to reassignment, assignment and posting, a working day shall be understood as a period of time equal to the daily full working hours of the employees concerned in Section 22 of the Employment Act.

7.  The duration of the transfer, posting and assignment must be calculated within a calendar year, and their combined duration may not exceed 183 working days for employees employed on a day and scheduled traveling schedule.


Allowance for regular driving of company vehicles

§ 53

 

1.    If the head of the organizational unit operating the company vehicle does not employ a driver whose main occupation is to drive the given vehicle, he may agree with his employee that, in addition to performing his job duties, he will also regularly perform driving dutiful.

The conditions for this are as follows:

 

a)    the performance of the job or task is thereby more economical, and

b)    the employee has a valid driving license for the given vehicle category .

 

2.    The employee is entitled to the following driving allowance for the certified kilometers traveled: 9 HUF/km.

 

3.    The allowance or remuneration provided by law exclusively to drivers with a full-time job is not entitled to a driver who is assigned to drive a vehicle in addition to performing his/her own job.

 

4.    The provisions of this paragraph shall also apply if the vehicle driven by the employee is rented by Rail Cargo Hungaria Zrt.

 

Employeerecognition

§ 54

 

1.    "For Service to Cargo " Award

 

For employees who have performed outstanding activities in the service of the railway industry , in promoting the development of Rail Cargo Hungaria Zrt . , and in promoting its interests

"For Service to Cargo " awards of several degrees may be awarded.

a) For     the "For Cargo Service" gold grade award, an employee who has had a continuous employment relationship with MÁV or MÁV Cargo for at least 20 years can be considered.

The award can be awarded to a maximum of 3 people per year. The award carries a one-time gross reward of HUF 546,000 .

b) For     the "For Cargo Service" silver grade award, an employee who has had a continuous employment relationship with MÁV or MÁV Cargo for at least 10 years can be considered.

The award can be awarded to a maximum of 6 people per year. The award carries a one-time gross reward of HUF 327,000 .


c)    For the "For Cargo Service" bronze award, an employee who has had a continuous employment relationship with MÁV or MÁV Cargo for at least 5 years can be considered.

The award can be awarded to a maximum of 9 people per year. The award comes with a one-time gross reward of HUF 220,000 .

 

An employee of Rail Cargo Hungaria Zrt. may only receive the same grade of the award once during his railway service.

The amount of the reward accompanying the degrees of the award will be adjusted annually by the parties signing this agreement in order to preserve its value.

 

The award may be granted even without the time spent in the employment relationship specified in points a)-c) if the employee has performed activities that have resulted in significant benefits for the benefit of Rail Cargo Hungaria Zrt.

In the event of an extraordinary event, an employee who dies as a result of his/her activities in the interests of Rail Cargo Hungaria Zrt. shall be awarded at least the award specified in point ae) (posthumous recognition). Posthumous awards represent an amount above the limitation specified in points a)-e).

The employer undertakes to publish the list of awardees in the Rail Cargo Hungaria Newsletter.

 

2.     Top management and regional operations center manager commendation

In recognition of successful work - as specified in the business plan - employees may be commended by senior managers and regional operations center managers with a cash reward.

 

3.     Employee of the Year Award

This award can be given for activities achieved in a given year that have significantly contributed to or positively influenced the economic performance and / or social reputation of Rail Cargo Hungaria Zrt.

The award can be given to 1 person for outstanding activities in the current year.

 

 

COST REIMBURSEMENTS

Reimbursement of expenses of employees performing domestic official missions

Section 55

 

1.         The posted worker shall be entitled to food - related                                   


To cover additional costs, a daily fee of HUF 500 must be charged based on the relevant legislation.          

 

2.         The daily allowance referred to in point 1 shall be calculated on the basis of working days or shifts based on the working time schedule.

 

3.         The daily allowance must be paid even if the total duration of the missions within one working day (service) reaches 6 hours.

4. In the case of domestic posting          between August 1, 2015 and December 31, 2018, the employee is entitled to the following remuneration for travel time outside the working hours according to the working time schedule:

-  70 % of the basic salary ,

-  80 % of the basic salary in the jobs listed in Section 52 (5) of the Employment Act .

After the expiry of the fixed period - unless the Parties to the Collective Agreement agree otherwise - paragraph 5 shall come into force again .

5.         If, in the case of a domestic posting, the travel time falls outside the working hours according to the employee's work schedule, the employee is entitled to the basic salary for the travel time .

Travel time must be calculated separately for each calendar day .

 

Reimbursement of travel expenses related to commutingtowork

Section 56

 

The employee is entitled to reimbursement of the cost of commuting to work using his/her own vehicle, as stipulated in the Act on Personal Income Tax, if:

 

a)    there is no public transport between the employee's place of residence or stay and the place of work,

b)    due to the employee's working hours, he/she would not be able to use public transport or would only be able to do so after a long wait (long wait: a period of time that is disproportionately long in view of the employee's personal , family or other circumstances and that exceeds the time required to travel, but a wait of more than 2 hours is always considered a disproportionately long waiting time),

e) the employee is unable to use public transport due to his/her mobility impairment,

d) the amount of reimbursement payable for commuting to work by car does not exceed the amount payable for using public transport .


A disabled employee is also entitled to reimbursement of expenses when commuting to work within the administrative border, if he or she is unable to travel to work by public transport.

 

Otherwise, the relevant provisions of the Government Decree in force at all times shall apply.

 

PROTECTION OF WAGES

Salary advance

Section 57

 

A wage advance may be granted upon request to an employee with a full-time employment relationship of at least 6 months. An employee who has received a study scholarship from the employer and has established a first employment relationship may be granted a wage advance upon his/her request after starting work.

The upper limit of the wage advance - taking into account the employee's net wage and deductions from his wage - is HUF 150,000, with a maximum repayment period of 6 months.

A wage advance may only be granted if and in such an amount that the total amount of the refund established for one month and other obligations burdening the employee's wage may not exceed the deduction rate established by law.

 

The employer and the works council (works representative) jointly decide on the award of the wage advance.

 

 

Provisions relating to the payment of wages

§ 58

 

The employee's Jaro salary must be transferred once a month, on the 10th day following the month in question, to the financial institution account specified by the employee in advance , in such a way that the employee can dispose of the salary on the specified day at the latest. Wage payments must be made at a time other than the salary payment day if this is required by the modification of the settlement - subject to the provisions of Section 155 (3)-(4) of the Income Tax Act -, upon termination of the employment relationship, and in the event of payment of a salary advance.


Taking shift allowance into account when determining absence pay

§ 59

 

When determining the absence pay during regular leave , and also in accordance with Section 260 of the Labor Code

(1) and the absence pay for the period of working time allowance pursuant to Section 274 (1) of the Labor Code, the actual rate of the shift allowance (according to the Labor Code) must be taken into account.


CHAPTER 6

NON -SALARY REMUNERATION SYSTEM OF RAIL CARGO HUNGARIA ZRT.

 

I. BENEFITS ACCORDING TO SUBJECT RIGHTS

Benefits due to the right of the subject

Section 60

 

1.    In the event of the death of an employee not due to an occupational accident, the employer shall pay HUF 787,500 to the heir (beneficiary) from 1 January 2015. The employer shall pay this amount even in the absence of an insurance contract.

 

2.    The employer may also fulfill its payment obligation set out in point 1 through an insurance contract.

 

3.    The employer is obliged to make the list of services stipulated in the annually renewed insurance contract, together with the related procedure, available to the trade unions, and to publish it annually in the Rail Cargo Hungaria Newsletter, or, if a new insurance is concluded, to obtain a prior opinion from the trade unions.

4.     The employer shall fulfill its payment obligation set out in points 1 and 2 within 30 days of becoming aware of the event and submitting the necessary documents .

 

Workwear supply

Section 61

The employee's allowance for work clothes is included in Annex 5 of the Collective Agreement .

 

/L BENEFITS RELATED TO EXTRAORDINARY LIFE SITUATIONS

 

Benefits related to extraordinary life circumstances

Section 62

 

1.    The employer provides a budget of HUF 16,400,000 for benefits related to extraordinary life situations for 2015 .


2.     Social assistance may be provided to employees who find themselves in extraordinary life situations or in need due to their social situation in cases that deserve special consideration .

3.    An employee who buries a close relative or spouse may be granted a benefit. The funeral benefit may be paid by simultaneously attaching a copy of the death certificate and the funeral invoice issued in the applicant's name.

 

4.  The employer and the works council (works representative) decide jointly on the individual award of social and funeral benefits .

 

III. OPTIONAL NON-SALARY REMUNERATION  

Optional fringe benefits

Section 63

 

1.  At Rail Cargo Hungaria Zrt., the employer operates a fringe benefit system .

 

2.    The employer shall annually agree with the trade unions entitled to conclude collective agreements on the amount of the fringe benefits system and the elements of the benefits .

 

 

Bodies exercising co-decision-making rights with the employer regarding the use of welfare funds

§ 64

 

 

In the awarding of benefits falling within the scope of Section 263 of the Labor Code, the works council (works representative) exercises the right of co-decision with the employer .

 

 

ARC. BENEFITS TO PROMOTE EFFICIENT OPERATION

Kil/só'féltó'I rented workers' accommodation § 65

 

Taking into account economic and human policy interests , the employer offers its employees the opportunity to be accommodated in worker accommodation rented from an external party.

 

1.    A person who :

does not have a permanent registered residence, with the exception of those moving from state care to workers' housing,


owns or rents a home in the same administrative area as the workplace.

 

2.    The worker must leave the workers' accommodation if :

who, according to point 1 , would not be able to be accommodated in workers' accommodation, whose employment relationship has been terminated,

who demonstrably seriously or regularly and intentionally violates the accommodation rules and the rules of social coexistence and for this reason the head of the organization maintaining the accommodation has withdrawn the accommodation allowance from him.

3.    Permanent workers' accommodation must be classified by the operating third party based on their technical and service standards.

4.    Those placed in permanent workers' accommodation must pay a compensation fee (HUF/person/month), the amount of which is determined as follows, depending on the category classification :

 


Worker's hostel category

 

  Category I

  Category II


Fee (HUF/person/month) 8,000

5,000


The difference between the rental fee for worker accommodation rented from an external party and the fee paid by the employee for a worker accommodation space is paid by the organizational unit maintaining the headcount.

5.     In the event of a certified absence (vacation, illness) lasting longer than five days , the monthly compensation fee may be reduced in proportion to the total number of days spent away.

6.     A person occupying accommodation that is not eligible for accommodation must pay the full cost (operation and maintenance) of this accommodation as a compensation fee .


7.  CHAPTER

 

EMPLOYEES ' COMPENSATION LIABILITY RULE

 

 

Adverse legal consequences that may apply in addition to immediate termination

§ 66

1.         The following measures may be taken by the employeragainst an employee who culpably violates his obligations related to his employment relationship -taking into account the gravity of the act committed and the principle of gradualism

a)         official reprimand,

b)         financial disadvantage affecting wages ,

 

c)         temporary transfer to another job.

2.         The amount of the financial disadvantage affecting wages may not exceed 20% of the employee's basic wage valid at the time of establishing the legal consequence. The duration of the basic wage reduction may not be less than one month and not more than five months.

3.         An employee may only be placed in a position for which his/her health and professional suitability has been previously determined.

 

The duration of the placement in another job cannot be less than one month and more than nine months.

The employee's basic salary must be determined according to the salary classification rules applicable to the new job, provided that the amount of financial disadvantage due to the reduction in basic salary may not exceed the amount of one month's basic salary valid at the time the legal consequence is determined.

4.         With the exception of those set out in point 1. c), only one of the adverse legal consequences involving financial disadvantage may be applied within the framework of one measure .

The determination of liability for damages and the imposition of an adverse legal consequence involving financial disadvantage are not mutually exclusive.

The application of 1. b) and 1. c) of the adverse legal consequence affecting wages, which also entails financial disadvantage , may not violate the employee's right to the mandatory minimum wage (minimum wage) specified in law.

5.         The measures aimed at imposing adverse legal consequences specified in this Section


The rules of procedure are contained in a separate employer's instruction. The request for legal remedy against an adverse legal consequence has a suspensive effect on the execution.

 

6.      The employer may exempt the employee from further implementation of the adverse legal consequences specified in points 1. b) and c) if, in his/her opinion, the employee deserves this based on his/her work and has already achieved the purpose of the measure, provided that at least half of the implementation of the imposed measure has elapsed.

 

Employee 's liability for damages

Section 67

 

1.    An employee shall be liable to compensate for damage caused by a culpable breach of his obligations arising from the employment relationship if he did not act in a manner that is generally expected in the given situation. The employee may be punished - subject to the exceptions regulated in this Section - up to an amount corresponding to his absence pay for three months .

 

2.     He may be punished up to a maximum of six months' absence pay.

a)  who, by exercising his/her employer's authority ,

b)  within one year with the same culpable breach of obligation,

c)  by committing a legally established violation ,

d)  caused the damage through a legally determined negligent criminal act.

3.    If the employee causes the damage through intentional or grossly negligent breach of duty, he may be required to compensate for the full damage. [Mt. Section 179 (3)]

4.     The employer may enforce his claim against the employee by means of a payment order, if the claim does not exceed three times the mandatory minimum wage (minimum wage). If the amount of compensation exceeds this amount - in the absence of an agreement between the parties - the employer may enforce his claim before the court within the general limitation period [Mt. Section 286 (1)].

5.    The procedural rules for imposing compensation on the employee are contained in a separate employer's instruction. The application for legal remedy has a suspensive effect on the execution.


Liability for inventory shortages [ Mt. §§ 182-188 ]

Section 68

 

1.    The financial liability for inventory shortages, regardless of fault, lies with the employee who has concluded an inventory liability agreement, for shortages in materials and goods (inventory stock) delivered and received for sale, distribution or handling that exceed the natural quantitative decrease and the loss associated with handling (hereinafter collectively referred to as: distribution loss) due to unknown reasons .

 

2.    Liability for inventory shortages shall lie only with the employee with whom the employer has concluded an agreement to this effect as part of the employment contract. If the agreement is not part of the employment contract, it shall be in writing. The agreement shall specify the scope of the inventory for which the employee is responsible.

 

3.    If the inventory is managed by several employees, a group inventory responsibility agreement must be concluded with them. In addition to the provisions of this point 2, the positions that must be inventoried when their positions change must also be specified. The group inventory responsibility agreement must also specify the division of responsibility between the employees, but there is no room for establishing joint and several liability.

 

4.    If the inventory is also managed by an employee who is not responsible for the inventory shortage, in order to establish liability , it is also necessary that the employer employs the employee who is not responsible for the inventory shortage but is managing the inventory in the given job or workplace with the prior consent of the employee responsible for the inventory shortage.

5.    An inventory liability agreement must be concluded in the case of so-called warehouse employees on the territory of Rail Cargo Hungaria Zrt . A warehouse is any independently lockable facility, building part, or room where supplies, materials, or tangible assets are stored for their intended purpose, regardless of the organizational unit to which it belongs and whether it serves a permanent or temporary storage purpose.

6.    In addition to the conditions set out in the previous points, the condition for liability for inventory shortages is that

a)    materials (warehouse stocks) are delivered to the employee in a proper manner ,

b)    the employee held responsible must work for the employer or at the given workplace for at least half of the period between two consecutive inventories .

7.   

rf-

 
When applying point 6. a), inventory transfers and charges arising from various movements (purchases, conversions, returns) during the inventory period must be recorded upon the regular transfer and receipt of materials and warehouse stocks.

 

 

46


to understand.

 

The rules for inventory transfers are contained in CFO Instruction No. 11/2012. (IV. 25.). Transfers during the inventory period must be recorded on inventory change documents.

8.    When applying point 6. b), a temporary interruption of the specified position during the inventory period (e.g. illness, vacation), if it does not reach half of the inventory period, does not affect liability, and the duration of the absence may be taken into account as a mitigating factor.

9.    Liability for inventory shortages can be determined on the basis of the accounting inventory concerning the entire inventory set, regulated in CFO Instruction No. 11/2012. (IV.25.). An accounting inventory is an inventory taken in the presence of the employer's representative assigned with this task (inventory group leader, inventory inspector, notcher).

During the inventory, the presence of the employee or, in case of impediment, his representative, or in case of group inventory responsibility, the employees specified in the procedural rules must be allowed. If the employee is not represented, the employer may appoint a disinterested representative who is experienced in the given profession.

The employee responsible for the inventory must be informed of the inventory settlement and its results. The employee may make comments during the procedure and his comments must be heard - unless he fails to appear despite proper notification .

10. If the employee permanently handles the received materials and warehouse stocks alone , he/she is liable for the full amount of the inventory shortage. If the inventory stock is also handled by an employee not responsible for the inventory shortage , the employee responsible for the inventory shortage is liable up to a maximum of 6 months' absence pay.

11. In the case of a group inventory liability agreement, the amount of compensation may not exceed the total amount of 6 months of absence pay of the employees who have concluded the agreement, and the employees are liable in proportion to their absence pay.

12. The procedural rules related to the determination of inventory responsibility are contained in a separate employer's instruction. The request for legal remedy has a suspensive effect on the execution.

 

The employer's obligation to pay compensation

in the event of an accident at work to the employee

Section 69

 

1.    If the employee dies, becomes disabled, suffers partial health impairment or becomes ill and unable to work as a result of an accident at work (hereinafter referred to as: accident) , the employer shall - for him or his heir(s) - pay


In addition to the provisions of Sections 166-178 of the Civil Code , the following compensation amounts will be paid:

 


a)        in the event of accidental death

 

b)    in case of total (100%) disability resulting from an accident


1,575,000 HUF,

 

 

1,890,000 HUF,


 

c)    with an illness resulting in incapacity for work resulting from an accident ,

in case of continuous ( uninterrupted) illness that prevents you from working

 


-        at least twenty working days

 

-        at least thirty working days (additional)

 

-       at least forty working days (additional)


26,250 HUF,

 

 

39,375 HUF,

 

 

39.375 Ft


 

 

the employee is entitled to compensation .

 

In the event of accidental death, the heir is entitled to the amount specified in point a), which must be increased by the amount specified in point a) per child, depending on the number of children supported by the deceased employee in his/her own household, up to 15 years of age or up to 24 years of age if continuing school studies.

 

2.     The criteria for determining an occupational accident are set out in Section 87, Section 3, of Act XCIII of 1993 on Occupational Safety and Health .

 

3.     In the event of complete (100%) health impairment resulting from an accident [(disease) as per 1. b)], the amount of compensation will be paid.

 

In the event of permanent partial health impairment resulting from an accident, the employee is entitled to the proportion of the amount determined for 100% health impairment (disability) according to the health impairment, as follows:

 


Health damage:

 

-        loss of vision in both eyes

 

-        loss of both upper arms, forearms or hands

 

-       combined loss of one arm or hand and thigh or leg (upper limb, lower limb amputation), loss of both thighs


% 100

100

 

 

 

100


-       loss of both legs 90                                                         

-       loss of one thigh , loss of one upper arm 80                      

-       loss of one leg , loss of one forearm , complete loss of speech

loss of hearing in both ears

the total loss of 70                                                                        

-       loss of a hand ( below the wrist) 65                                 

-       complete loss of one leg ( below the ankle) 40                                     

-       complete loss of vision in one eye 35                    

-       complete loss of hearing in one ear 25                      

4.    The degree of permanent health damage caused by the accident is determined by the competent occupational health specialist of the railway. The National Transport Authority may be contacted within 30 days against the determination of the occupational health specialist.

5.    The degree of permanent health impairment resulting from the accident must be determined immediately. If it is not possible to determine this within six months - based on the opinion of the occupational health specialist - an advance payment of at least 50% must be paid to the employee. The degree of health impairment must be definitively determined within two years from the date of the cause , and the advance payment must be supplemented to the full amount.

6.    An employee is not entitled to compensation under this Section if the accident is caused by the employee

-       due to or in connection with an intentionally committed crime or violation of the law ,

in a causal relationship with being drunk or drugged ,                      

-       occurred while driving a railway or road vehicle without a license or while intoxicated ( under the influence of drugs).                           

Furthermore, the employee is not entitled to compensation even if the employer is exempt from liability for compensation under the Employment Act.


Conditions for the employer's financial liability for objects brought into the workplace

Section 70

 

1.    The employee is obliged to place the things brought to the workplace - with the exception of the usual clothing and personal equipment carried with him during work - in the storage room or changing room. If the thing brought to the workplace is of a greater value than usual, the employee is obliged to report it to the person designated by the head of the service location before placing it , and he must comply with his instructions regarding the method of placement.

 

2.    In the absence of a locker or changing room, no other items may be brought into the workplace beyond the usual clothing and personal equipment necessary for going to work .

 

Negotiation in a labor dispute

§ 71

 

1.     The employee, the trade union, the works council (works representative), the occupational safety committee (occupational safety representative) and the employer may initiate a labor dispute (hereinafter referred to as: dispute) in order to enforce labor rights.

 

2.    The parties to the dispute shall be obliged to negotiate upon the written request of the party initiating the dispute. A written request for negotiation may be submitted within 15 days of the delivery of the employer's harmful measure, or the taking of the measure, or of the acquisition of knowledge of another fact giving rise to the dispute.

3.    The employer is obliged to draw attention to the fact that the measure may be subject to negotiation prior to litigation, which does not affect (does not extend) the deadline for submitting the claim.

A request for conciliation may not be submitted later than 30 days from the date on which the cause of the dispute arose ( the “deadline”).

The conciliation hearing related to the dispute must begin within 5 working days of the submission of the conciliation request, and its duration may not exceed 8 working days.

4.    The agreement reached between the parties during the consultation shall be deemed to be a settlement, which shall be recorded in writing. The employer may not be represented at the consultation by the person who made the decision complained of, with the exception of the employer's manager . The employer's manager shall be understood to mean the head of the organizational unit specified in the Organizational and Operational Regulations of Rail Cargo Hungaria Zrt.


Enactment and miscellaneous provisions

 

1.    The Collective Agreement shall enter into force on August 1 , 2015 .

 

2.    The parties signing the Collective Agreement shall consider the Collective Agreement to have been promulgated on the date specified in point 1.

 

3.    The contracting parties agree that any party has the right to initiate a joint interpretation of any provision of the Collective Agreement in writing , by communicating its position . Neither party may refuse a negotiation offer for a joint interpretation. The published joint interpretations form part of the Collective Agreement.

 


Budapest, July 2015

: . tl1tJ

tA

 
Railway Workers' Union


VDSzSz Solidarity


 

 

. ,,, --- ,

 

 

. - . . ' . . . r / 8

 
argo Hungary Ltd.


 

 

 

Free Trade Union of Engineers and Technicians


Table of contents

 

 

  Part I .............................................................................................................................................................. l


General provisions ................................................................................................................ 1

  § 1 Scope of the Collective Agreement .............................................................................................. 1

  Section 2 Structure of the Collective Agreement .............................................................................................. 1

  § 3 Conclusion and amendment of the Collective Agreement .............................................................. 2

  § 4 Termination of the Collective Agreement ................................................................................... 3

  § 5. Appendices to the Collective Agreement . ................................................................................ 3

§ 6. Publication of the Collective Agreement and informing   employees of its contents 3        

Part II ...................................................................................................................................... 4

The mandatory part of the Collective Agreement ................................................................................... 4

The system of relations between the parties to the Collective Agreement .............................................. 4

  § 7 Basic principles of the relationship between the employer and trade unions ................................ 4

§ 8 Recognition and promotion of trade union activity ................................................ 5

  § 9 Material and infrastructural support for trade unions .............................................. 5

  § 10. Utilization of working time allowances for trade union officials

. ................................................... ................................................... ................................... 5

  § 11 The Corporate Interest Reconciliation Council ................................................................................ 6

Part Ill. ................................................................................................................................... 8

The normative part of the Collective Agreement ................................................................................ 8

Rights and obligations arising from railway employment, the manner of exercising and fulfilling them , and the procedure related to them .............................................................................................................. 8

    Chapter 1 ................................................................................................................................................... 8

The employment relationship ...................................................................................................................... 8

§ 12 Establishment of employment relationship .............................................................................................. 8

§ 13. Formality of declarations concerning employment relationship .............................. 9

§ 14 Information obligation .............................................................................................. 9

§ 15 Probationary period .............................................................................................................. 10

§ 16 Conflict of interest .............................................................................................................. 10

Section 17 Restrictions on employer ’s dismissal .............................................................................. 10

Section 18. Period of mandatory exemption from work in the event of termination of employment by the employer 11      

§ 19 Benefits for employees affected by staff reductions ................................... 11

Section 20: Termination with immediate effect ................................................................................ 12

Section 21 Procedure in the event of termination (termination) of employment relationship .................................. 12

    Chapter 2 ................................................................................................................................ 13

Working hours .............................................................................................................................. 13

Regular working hours ................................................................................................................ 13

  § 22 Full - time work .............................................................................................................. 13

52 eff-    

§ 23 Working hours ................................................................................................................ 14

§ 24. Determination of work schedules ................................................................................ 15

§ 25 General rules on working time arrangements . ................................................................ 16

§ 26 Modification of working hours .............................................................................. 17

§ 27 Working hours of permanent daytime employees .............................................. 17

§ 28. Accounting for working time deficits ................................................................................ 18

§ 29 Restrictions on consecutive night work for employees performing shift work and those employed in a scheduled itinerant work schedule .............................................................................................. 18

  § 30. Split working hours of employees with a rotating work schedule ............... 18

  § 31 Application of seasonal work arrangements ................................................................................... 19

  Section 32 Other provisions concerning regular working hours .............................................. 19

  Section 33 Special provisions concerning the working hours of employees employed in a scheduled travelling work schedule 20       

34.  §Fogalommeghatározások és értelmezések............................................................... 21

3.    Fejezet................................................................................................................................. 23

A rendkívüli munkaidők....................................................................................................... 23

35.  § A rendkívüli munkavégzés......................................................................................... 23

36.  § A rendkívüli munkavégzés díjazása.......................................................................... 23

37.  § A készenlét.................................................................................................................... 24

38.  § Az ügyelet..................................................................................................................... 26

39.  § Az ügyelet és a készenlét elrendelésének speciális szabálya.................................. 26

4.    Fejezet................................................................................................................................. 27

A pihenőidők.......................................................................................................................... 27

40. § A munkaközi szünet.................................................................................................... 27

41. § A fordulós (váltásos) munkarendűek és vezényelt utazói munkakörben foglalkoztatottak napi pihenőideje        27

42. § A fordulós (váltásos) munkarendűek és vezényelt utazói munkakörben foglalkoztatottak pihenőnapjaira vonatkozó eltérő rendelkezések.............................................................................................................. 28

43. § Rendkívüli- és pótszabadság....................................................................................... 29

44. § Tanulmányi munkaidő-kedvezmények..................................................................... 29

5.     Fejezet................................................................................................................................. 31

A munka díjazásának szabályai........................................................................................... 31

45. § Az alapbér megállapítása........................................................................................... 31

46. § A vasúti alaptevékenységgel kapcsolatos egyes munkakörökre egészségileg alkalmatlanná vált munkavállalók munkabérének megállapítása............................................................................................... 31

Bérpótlékok............................................................................................................................ 33

47. § A műszakpótlék........................................................................................................... 33

48. § Éjszakai pótlék............................................................................................................. 33

49. § Felügyeleti és kocsivizsgálói csoportvezetői pótlék................................................ 33

50. § Elhárító szolgálati pótlék............................................................................................ 34

51. § A helyettesítési díj....................................................................................................... 34

52. § Munkaszerződéstől eltérő foglalkoztatás.................................................................. 35

53.  § Vállalati gépjárművek rendszeres vezetésének pótléka.......................................... 36

54.  § A munkavállalók elismerése....................................................................................... 36

Költségtérítések...................................................................................................................... 38

55.  § A belföldi hivatalos kiküldetést teljesítő munkavállaló költségtérítése................ 37

56.  § A munkábajárással kapcsolatos utazási költségek megtérítése............................. 38

A munkabér védelme............................................................................................................ 39

57. § Munkabér előleg.......................................................................................................... 39

58. § A munkabér kifizetésével kapcsolatos rendelkezések............................................. 39

59. § A műszakpótlék figyelembevétele a távolléti díj megállapítása során.................. 40

6.     fejezet.................................................................................................................................. 41

A Rail Cargo Hungaria Zrt. béren kívüli javadalmazási rendszere................................. 41

I.  Alany1. J.ogon, J.a, ro J.Uttata, sok................................................................................................ 41

60.  § Alanyi jogon járó juttatások....................................................................................... 41

61.  § Munkaruházati ellátás................................................................................................. 41

II. Rendkívüli élethelyzethez kapcsolódó juttatások......................................................... 41

62.  § Rendkívüli élethelyzethez kapcsolódó juttatások.................................................... 41

III.  Választható béren kívüli javadalmazások.................................................................... 42

  Section 63 Optional fringe benefits ............................................. ................................ 42

  Section 64 Bodies exercising the right to co-decision with the employer regarding the use of funds for welfare purposes 42    

FACE.  The u . . zemszer u " m u " k o ,d es t e 1 o " seg 1 't " o J U tt, the t aso k ................. . ............................................ 42    

  Section 65. Workers' accommodation rented from an external party ....................................... ........................................ 42

    Chapter 7 ................................................ ................................................... ................................................. 44

The rule of adverse legal consequences and workers' compensation liability 44         

  Section 66. Adverse legal consequences applicable in addition to immediate termination 44         

  Section 67 Employee 's liability for damages .......................................... ................................... 45

  § 68 Liability for inventory shortages [Mt. §§ 182-188 ] ............................................ .. 46

  Section 69 The employer's obligation to pay compensation in the event of an accident at work to an employee 47      

§ 70  Conditions for the employer's financial liability for objects brought into the workplace 50

  § 71. Negotiation in labor disputes ........................................... ..................................... 50

Enactment and miscellaneous provisions ... ......... . .... . ....... . . .. ... ....... .. ,, .. , , ....................... 51

HU_A Rail Cargo Hungaria Zrt. -

Kezdete: → Nem specifikált
Vége: → Nem specifikált
Iparág neve: → Kiskereskedelem
Iparág neve: → Vasúti áruszállítás  
Köz/magán szektor → Nem tudom
Kötötték:
Vállalat neve: → 
Szakszervezetek neve: → 

CSALÁD ÉS MUNKA HARMONIZÁCIÓJA

Anyasági szabadság utáni munkabiztonság: → 
Az anyasággal kapcsolatos diszkrimináció betiltása: → 
Terhes nők vagy szoptató anyák veszélyes, vagy az egészségre káros munka végzésére kötelezésének betiltása: → 
Kockázati elemzés a terhes nők vagy szoptató anyák munkavédelméről: → 
Elérhető alternatívák, a veszélyes és egészségtelen munkavégzés helyett, a terhes vagy szoptató dolgozók számára: → 
A munkahely szabadságot biztosígt terhesgondozásra: → 
Terhességi szűrés tiltása atipikus módon foglalkoztatott dolgozók munkavállalásának tipikussá alakítása előtt → 
A terhes nők szűrésének betiltása az előléptetések előtt: → 
Létesítmények szoptató anyáknak: → 
Munkáltató által biztosított gyermekgondozási létesítmények: → 
Munkáltató által támogatott gyermekgondozási létesítmények: → 
Pénzügyi támogatás a gyerekek oktatására: → 

MUNKASZERZŐDÉSEK

Próbaidő hossza → 150 napok
Bármilyen ellátásból kizárt részmunkaidőben foglalkoztatottak: → 
Az időszakosan foglalkoztatottak ellátásai: → 
Bármilyen ellátásból kizárt tanoncok: → 
Bérmilyen ellátásból kizárt minijob/diákmunka: → 

MUNKAIDŐ, MUNKAREND ÉS ÜNNEPEK

Maximális túlóra: → 5.82
Rugalmas munkavégzéssel kapcsolatos rendelkezések: → 

BÉREK

Bérkategóriák által meghatározott bérek: → No
Kiigazítás a növekvő létfenntartási költségek miatt: → 

Esti vagy éjszakai kereseti pótlék

Esti vagy éjszakai kereseti pótlék → 140 Az alapbér %-a
Csak éjszakai kereseti pótlék: → Igen

Fizetés készenléti munkáért:

Fizetés készenléti munkáért: → 150 Az alapbér %-a
Fizetés csak a vasárnapi készenléti munkáért: → Nem
Fizetés készenléti munkáért a hét valamennyi napján: → Nem

Túlóra pótlék

Étkezési jegy

Nyújtott étkezési jegyek: → 
Ingyenes jogi képviselet: → 
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