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PART I
GENERAL PROVISIONS
Scope of the Collective Agreement
§ 1
1. The scope of the Collective Agreement – with the exception of what is stated in point 2 – covers the
employer MÁV-START Zrt., all its employees and organizational units.
2. The scope of the Collective Agreement does not cover
employees in management positions as defined in paragraphs (1)-(2) of Section 208 of the Labour Code.
3. The rules of the Collective Agreement may be applied to a person who is not employed by MÁV-START Zrt.
or whose employment relationship is suspended, and to a legal entity other than MÁV-START Zrt.
, or to another body without legal personality, exclusively
on the basis of a special authorization in the Collective Agreement.
4. The right to terminate the Collective Agreement may be exercised with a notice period of four months
, so that the notice period
begins from the date of submission of the proposal for the new collective agreement by the party exercising the right to terminate.
5. The Collective Agreement is concluded by the parties for an indefinite period.
Structure of the Collective Agreement
§ 2
1. The Collective Agreement contains, in a structurally separate manner,
a) the rules of the system of relations between the parties to the Collective Agreement (
the binding part of the Collective Agreement),
the rights and obligations arising from the employment relationship at MÁV-START Zrt. ,
the method of their exercise and fulfillment, and the procedural rules applicable to them (
the normative part of the Collective Agreement). 2. The different rules applicable to the employees
of individual sites (organizational units delimited according to the exercise of employer powers ) are contained in the local appendices – as stipulated in the Collective Agreement. 3. The local appendices form part of the Collective Agreement. The contents thereof must be interpreted and implemented in accordance with the provisions of the Collective Agreement. 4. The annexes to the Collective Agreement contain the definitions and rules – generally of a technical nature – relating to the implementation of individual provisions . Annex 1 For employees employed in certain jobs that are harmful to health
special rules.
Annex 1/A Work organization measures for work in cold environments
Annex 1/B Work organization measures for work in hot environments
Annex 2: Standards for distribution losses.
Annex 3: Rules for the application of adverse legal consequences and employee
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Procedure for enforcing liability for damages
Annex 4: Clothing Regulations of MÁV-START Zrt.
Annex 5: Passenger transport commission system
Annex 5/1: Job scope and title
Annex 5/2: Scope of entitlements. Annex
6: List of jobs falling under the scope of Section 53
Annex 7: Requirements for the work of passenger train attendants
related preparatory and finishing activities and their time
regulation (standard check-in and check-out times)
Annex No. 8: MÁV-START Zrt's passenger and uninterrupted transport
jobs
Annex No. 9: The required minimum number of personnel for passenger trains
Annex No. 10: Employees employed in the assigned passenger work schedule (traction passenger)
special provisions for employees
Annex 10/1: Technological standard times for towing crews
Annex No. 11: Special provisions
for employees employed in the regional vehicle insurance directorates and the railway vehicle repair organization (Szolnok)
Annex No. 11/1: Regulations on rental clothing for railway vehicle repair organizations
Annex No. 11/2: Workwear Regulations for Railway Vehicle Repair Organizations
Annex 11/3: Work clothes to be provided in each job and
the period of wearing them in the vehicle insurance directorates
Annex No. 12: Issues that can be regulated in the local appendix
Conclusion and amendment of the Collective Agreement
§ 3
1. The Collective Agreement is concluded on the one hand: by the employer’s
CEO, as defined in Section 208 (1) of the Labour Code, on the other hand: by the
organizations representing the interests of the employees – trade unions – in the name of the employer,
subject to the provisions of Section 276 of the Labour Code.
In the application of the Collective Agreement , the trade union that operates a body authorized to represent the employee or has an official at MÁV-START Zrt.
according to its articles of association shall be considered to have representation, as defined in Section 270 (2) b) of the Labour Code. 2. If the trade unions’ positions on the Collective Agreement differ from each other – in order to establish a common position – they may conduct consultations at the employer’s request . 3. The proposer is obliged to inform all parties of his/her proposal for amending the Collective Agreement . The negotiation regarding the amendment proposal must be initiated within 15 days of receiving the information. The provisions of this Section shall otherwise apply to the amendment of the Collective Agreement.
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Appendices to the Collective Agreement
§ 4
1. The local appendix
is concluded on behalf of the employer by the head of the organizational unit, and on behalf of the employees by the local organization(s) of the trade unions concluding the collective agreement. Issues concerning
organizational units delimited according to the exercise of employer authority and their
employees, which are not separately regulated in the Collective Agreement,
are contained in the local appendices – taking into account the provisions of this Section.
The employer shall publish the list of organizational units authorized to conclude a local appendix annually
and in the event of any change thereof .
2. Local appendices shall regulate issues related to the employment relationship
a) on the basis of the authorization of the Collective Agreement, or
b) with regard to local conditions,
may also provide for other issues related to the employment relationship
, in the absence of a prohibiting provision in the Collective Agreement. Local appendices may only deviate from the Collective Agreement if the KSZ
expressly authorizes the deviation or if the deviation
contains a provision more favorable to the employees, and this deviation is not excluded by a prohibiting provision specified in point b)
.
3. Any provision of the local appendix that conflicts with a provision of the Collective Agreement or a law is invalid (null and void), taking into account the provisions regarding more favorable regulation
set out in point 2 .
Publishing the Collective Agreement and informing employees of its contents
§ 5
1. The employer is obliged to
post the Collective Agreement and the local appendix at the workplace or place it in such a way that the employee
can access it without hindrance during working hours.
2. The employer is obliged to provide a
copy of the Collective Agreement and the local appendix to the employee whose job responsibilities
include applying the provisions of the Collective Agreement, as well as to the members of the works council, labor protection representatives
and committees, and the workplace officials of the trade union. The employer is obliged to send an electronic copy of the Collective Agreement and the local appendix to the central bodies of the relevant organizations and to the employee’s email address, as stated in
his/her written request . 3. The employer is obliged to ensure that the employees have the opportunity to familiarize themselves with the Collective Agreement and the local appendix. This can be achieved by providing information during working hours or by other means and methods most appropriate for the place of work and the employees (for example, mandatory training). 4. The employer undertakes to publish the Collective Agreement in the MÁV-START Zrt. Newsletter and on the Intranet.
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PART II
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
§ 6
The following principles shall apply in all forms and at all levels of the relationship between the employer and the trade unions .
a) The parties shall 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 rights of the other party, or that could
adversely affect the good reputation of the other party. c) The parties shall act in
good faith and in accordance with the requirements of honesty and fairness in exercising their rights and fulfilling their obligations , and in mutual cooperation. d) The party burdened with the obligation shall do everything in its power to ensure that the other party can obtain its entitlements in a timely manner, or exercise its rights in a timely manner and in accordance with the contract. e) The relationship between the parties shall be regular and continuous. f) The parties shall strive to prevent conflicts and to resolve conflicts that have arisen peacefully .
Recognition and promotion of trade union activity
§ 7
1. The employer shall, in accordance with the provisions of the applicable legislation, recognise, promote and
support the trade unions with representation and their interest representation and
protection activities. 2. The employer shall enforce the principle of equal opportunities in trade unions with respect to
all trade unions with representation at the employer .
Material and infrastructural support for trade unions
§ 8
1. Use of premises
a.) The trade union represented at the employer
is entitled – according to a written agreement concluded with the employer –
to use the employer’s premises after or during working hours for the purpose of its interest representation activities. The use of the premises –
both during and outside working hours – is free of charge. The use of
office furniture and
company telephones provided in connection with the use of the employer’s premises is also free of charge.
The list of properties to which the use of the premises applies, the
scope (extent), the specific form and the conditions of the use are determined at the local level by local agreements (
parties authorised to conclude a local appendix to the KSZ).
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b.) The employer
may inspect the things and equipment used once a year at a time agreed upon with the trade union. A report shall
be drawn up on the inspection. The trade union shall be liable for any damage caused to the things in accordance with the rules of civil law
. In the event of termination of use, the trade union shall be obliged
to return the thing in a condition suitable for its intended use or
to reimburse the costs incurred for this purpose.
2. Telephone use
a) Company telephone use
The employer shall provide the use of the railway telephone
to the trade unions free of charge in connection with the use of the office premises specified in point 1.
b) Other telephone use
The trade union shall reimburse the fee invoiced by the telephone service provider for the use of other independent telephone lines provided by the employer
.
c) Internet access The employer shall permit Internet access free of charge
on the railway telephone lines – where the technical conditions are met .
In this case, the trade union is only
obliged to reimburse the fee invoiced based on the agreement concluded with the Internet service provider.
In the event of demonstrable non-payment of the above fees, the employer
will suspend the use of the service until the fees are reimbursed after 30 days of prior notice.
3. Use of line mail
The trade union is entitled to use line mail without restriction as long as this
service exists at MÁV-START Zrt. Line mail items
may only be placed and forwarded in a sealed bag, package, unit envelope or envelope.
MÁV-START Zrt. is only responsible for forwarding these items as instructed; it cannot examine their content
, for which the trade unions are liable.
Rights of trade unions in the event of collective redundancies
Section 9
Before making a decision on collective redundancies, the employer
is obliged - in addition to its obligation to the works council (works representative) -
to initiate consultations with the competent trade union(s), excluding
cases where employment issues are regulated by a separate agreement with the force of a collective agreement
.
Information obligation
§ 10
The employer undertakes to simultaneously send the draft measures and regulations
affecting a larger group of employees, submitted to the works council for opinion pursuant to Sections 264 and 265 of the Labour Code, to the trade unions represented at the employer for information.
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Utilizing the working time discount for trade union officials
§ 11
1. The trade union shall notify the head of the service station employing the employee using the working time allowance – except in unforeseen, unsustainable and exceptionally justified cases –
a) at least 15 days in advance in the case of a continuous use of at least 15 days, b) at least 8 days in advance
in the case of a use not exceeding the period specified in point a) . 2. Contrary to the provisions of point 1. b) – in unforeseen, unsustainable and exceptionally justified cases, in particular – if the use is made a) through negotiations with the employer, b) pursuant to Section 272. (7) of the Labour Code. representation according to, c) compliance with a forfeiture deadline set out in the rules relating to employment , d) the convening of an extraordinary meeting of the trade union's central decision-making body (e.g. National Executive, Presidency, Delegates' Assembly, etc.) is necessary - the notification may be made at least 1 day in advance of the use . The trade union is obliged to indicate the circumstances according to the above in the notification. 3. For the duration of the trade union working time discount, the official is entitled to absence pay - for the lost working time.
The MÁV-START Railway Interest Reconciliation Council
§ 12
1. MÁV-START Zrt. (hereinafter referred to as the employer) and the
trade unions represented at MÁV-START Zrt. and entitled to conclude a collective agreement operate
the Railway Interest Conciliation Council (
hereinafter referred to as the VÉT) as the company-level labor relations organization.
2. The task of the VÉT is that the employer and the trade unions represented at MÁV-START Zrt.
and entitled to conclude a collective agreement
organize and develop company-level labor relations in particular in this forum, and
find answers and solutions to comprehensive and fundamental
economic, income, social and labor issues affecting the employees of MÁV-START Zrt.
The collective negotiations affecting the employees of MÁV-START Zrt. are conducted within the framework of the VÉT
, and as a result, MÁV-START Zrt.
Conclusion and amendment of the Collective Agreement and agreements having the force of a collective agreement.
3. The members of the VÉT are the employer and the trade unions with representation at MÁV-START Zrt. and the right to conclude a collective agreement. Trade unions with representation at the employer but not the right to conclude a collective agreement may also be
present at the meetings of the VÉT with the right to negotiate .
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4. The VÉT shall make its decisions unanimously.
5. The VÉT shall have a quorum if the employer and the trade unions represented at MÁV-START Zrt. and
entitled to conclude a collective agreement are present at the meeting.
6. The members of the VÉT shall be represented by persons entitled to represent them or by authorized persons.
7. The meetings of the VÉT shall be chaired by the chairman. Unless otherwise agreed, the chairman
shall be appointed by the employer. The chairman shall be responsible for ensuring the efficient and smooth conduct of the meetings.
He shall perform his duties without bias.
8. Unless otherwise agreed:
• the VÉT shall hold its meetings monthly
• the meeting shall be convened – within 10 days of the request, but at least
within 7 working days – if any member so requests in writing, stating the reason.
(extraordinary VÉT)
• an extraordinary VÉT meeting may be convened no more than once between two VÉT meetings
. The submitter 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, interest reconciliation bodies may operate at local level for similar purposes. The provisions of this Section shall apply to their operation, unless otherwise agreed . In the case of an employee employed under a work schedule other than the general one , six hours of working time per person must be planned for the day of the local interest conciliation council (HÉT) meeting scheduled according to the agenda, which can be planned in advance by the employer and is already known when the working time schedule is prepared – for a maximum of three people per trade union, and four people per independent organizational unit employing more than a thousand people – and an absence fee must be paid without using the working time allowance. The service announced in the advance notice cannot be modified by the employer to a rest day (day off) for the reason that the employee is attending a HÉT meeting on this day. In the event of an extraordinary HÉT meeting being convened when the working time schedule is prepared – not planned in advance – the employee is exempted from fulfilling the work obligation for the period necessary to attend the meeting – including the necessary travel time – without using the working time allowance , and is entitled to an absence fee for the working time lost as a result .
Local level agreements regarding the settlement of trade union participation in the HÉT meeting
shall cease to have effect.
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PART III
NORMATIVE PART OF THE COLLECTIVE AGREEMENT
RIGHTS AND OBLIGATIONS ARISING FROM THE EMPLOYMENT RELATIONSHIP WITH MÁV-START ZRT, THEIR EXERCISE AND
METHOD OF IMPLEMENTATION
AND THE PROCEDURE RELATED TO THEM
CHAPTER 1
THE WORK RELATIONSHIP
Establishing the employment relationship
§ 13
1. When establishing an employment relationship, in the event of equal employment conditions, the
following persons shall be given preference, taking into account the order indicated:
a) an employee previously employed by the former MÁV-START Zrt. or its legal predecessor
, whose employment relationship was terminated through no fault of their own,
b) the child and spouse (partner) of an employee of MÁV-START Zrt.,
c) a former employee of MÁV Zrt. and its majority-owned business association
, whose employment relationship was terminated through no fault of their own 2. A person whose employment relationship was terminated a) by immediate termination by the employer (Mt.78.§), or b) as a result of employee misconduct (Mt.84.§)
may not be re-employed within two years following the termination of the employment relationship. 3. The employer may only establish or maintain an employment relationship with an employee with outstanding business and professional knowledge in a non-manual position in a particularly justified case, if the employee qualifies as a pensioner pursuant to Section 294 (1) g) of the Employment Act .
Place of work
Section 14
1. The place of work and the permanent or variable nature of the place of work, or
in the case of work usually carried out off-site, the relevant place of work
shall be stated in the employment contract. The employee's workplace shall be determined taking into account the job duties and
technology, and the requirements of the proper exercise of rights
.
2. In the case of employment at a variable workplace, the relevant
places of work or the area of employment shall be precisely defined. The place of conclusion of the employment contract
shall be deemed to be the place of work, unless the employment contract
provides otherwise.
3. In the following jobs, employees
usually perform their work off-site due to the nature of the work:
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a) passenger transport travelling jobs (Annex 8 of the KSz)
b) cashier inspector
c) cashier inspector d
) service inspector
e) service sales specialist
f) sales specialist I.
g) sales specialist II.
h) safety specialist
i) truck driver
j) property management specialist
k) technical foreman
l) cleaning acceptance lecturer
m) car cleaning acceptance clerk
n) technical car control lecturer
o) on-board ticket inspector
p) customer service specialist (Customer Center)
q) customer service coordinator (Customer Center)
r) service supervision specialist
s) general maintenance worker
Taking into account technology and work organization, additional
jobs may also be classified in the local appendix as such in which employees
usually perform their work outside the premises due to the nature of the work.
The local appendix or employment contract must provide for the
place of registration and log-off of employees usually employed outside the premises.
An employee normally employed off-site is on a secondment if he/ she fulfils
his/her reporting and/or reporting obligations outside the duty stations specified in the local appendix or in the employment contract. Reporting also includes attendance at mandatory training, mandatory periodic exams, line and type knowledge training, as well as exams, uniform check-in and mandatory medical examinations .
Formality of employment declarations
Section 15
In addition to the cases required by the Labour Code, the following must be recorded in writing and
demonstrably handed over to the other party:
a) prior notification of further employment or other legal relationship aimed at work
,
b) the order of redirection (Article 59/A of the Labour Code), substitution (Article 59/B of the Labour Code), secondment (Article 59/C of the Labour Code), secondment
(Article 59/D of the Labour Code) and foreign service,
c) exemption from work, if it is based on the employer's permission (Article 146 (2)
of the Labour Code),
d) the order of standby and on-call duty (Articles 110-111 of the Labour Code and Article 42-43 of the Labour Code),
e) the order of extraordinary work (Article 107 of the Labour Code, except for Article 40, point 3 of the Labour Code),
f) the granting and application of any kind of leave (Mt.§ 122-124 and KSz § 51)
g) the transfer and takeover of the job (Mt.§ 80)
h) notification of the person exercising the employer's authority and any changes to it.
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The declaration in connection with the termination of an employee employed in a scheduled travelling work schedule shall be considered to be in writing
if it is communicated –
in accordance with the conditions specified in Section 22(2) of the Labour Code –
in an electronic document transmitted on an IT device provided to the employee for the purpose of work. Declarations include, in particular, but not exclusively: information/provisions related to
the performance of service and working hours . The declaration may be considered to have been communicated if the employee has demonstrably taken note of it. These provisions do not affect Section 31 and Section 4 of Annex 10 of the Collective Agreement.
Obligation to provide information
Section 16
1. During the procedure prior to the conclusion of the employment contract, the employer is obliged
to inform the employee of the relevant provisions of the local appendix. 2. Before the conclusion of the employment contract, the employee is obliged to inform the employer of the data and circumstances relevant to
the employment relationship, in particular: - his/her clean criminal record, - his/her compliance with the conflict of interest rules, - his/her education, professional qualifications, special professional knowledge, experience, - his/her state of being able to freely engage in employment, - if the planned position cannot be filled in such a state, his/her pregnancy, - his/her state of health related to the position to be filled.
Probationary period
§ 17
The probationary period is three months, which is mandatory for all positions. In the case of an employee who enters into an employment relationship
in order to obtain the basic exams required for the position,
the probationary period is six months.
Conflict of interest
Section 18
1. Relatives [Mt. 294.§ (1) b)] may not be employed (employed) in a position in which they may be directly subordinated or superior, in a settlement or controlling relationship with each other, unless otherwise
provided in the employer’s normative instruction or with the written permission of the employer. 2. Membership of the executive board or supervisory board of a company that carries out the same or similar activities as the employer – listed in the founding document – or that has a regular economic relationship 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), as well as the establishment of the company , are subject to the obligation to notify in advance . 3. The employer shall regulate the obligation to notify, the restrictions on and the method of monitoring the employee’s further employment relationship or other legal relationship related to work in a separate instruction.
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Restrictions on employer termination
§ 19
1. In addition to the provisions of Section 66 of the Employment Act,
the employer may only terminate the employment relationship by notice [Section 65 of the Employment Act] of an employee who
a) has had at least 20 years of continuous (uninterrupted)
employment recognized as continuous by MÁV-START Zrt. or its legal predecessor,
b) is solely responsible for the maintenance of at least four relatives in his/her own household [Section 294 (1) b) of the Employment Act]
(a spouse receiving childcare allowance or
childcare allowance shall also be considered a dependent),
c) is single and provides for the maintenance of a child under the age of 16,
d) has taken unpaid leave to care for the child [
Act XII of 1992, Section 138 (5) or Act XII of 1992, or Act XII of 1992, Section 138 (5) of the Employment Act ]. 128. §.] The notice restriction
shall apply for one year following the end of the unpaid leave .
2. In the case of a particularly justified case, the provisions of MK. Resolution No. 10 shall apply
.
Mandatory period of exemption from work
in the event of termination of employment
Section 20
If the employee's employment relationship is terminated by notice [Mt. § 65] for a reason arising from the employer's side
, then
- the notice period is at least 60 days, during which the employee must be exempted
from the obligation to work,
- however, if the employer's notice takes place within five years before reaching the old-age retirement age
, the notice period is 90 days, during which the
employee must be exempted from the obligation to work.
Benefits for employees affected by staff reductions
Section 21
1. In addition to the severance pay specified in Section 77 of the Employment Act, the employee
is also entitled to a separate severance pay of the following amount:
- 1 month in the case of an employment relationship of at least 10 years, recognized as continuous by MÁV-START Zrt. or its legal predecessor ,
- 2 months in the case of an employment relationship of at least 15 years, recognized as continuous by MÁV-START Zrt. or its legal predecessor ,
- 4 months in the case of an employment relationship of at least 20 years, recognized as continuous by MÁV-START Zrt.,
- 6 months in the case of an employment relationship of at least 25 years, recognized as continuous by MÁV-START Zrt.,
- 8 months in the case of an employment relationship of at least 30 years, recognized as continuous by MÁV-START Zrt. or its legal predecessor
- absence fee.
2. The special severance pay specified in point 1 is only payable to an employee
whose employment relationship has been terminated by the employer for a reason arising from the employer's side
. This special severance pay is not payable to an employee whose
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his/her entitlement to severance pay is excluded by Section 77 of the Employment Act.
3. An employee who has received a separate severance pay as specified in point 1 and
his/her eligible family member are entitled to the domestic travel allowance until the end of the sixth month following the last day of employment , if the law allows
MÁV-START Zrt. to provide it tax- free or free of charge.
Section 22 of the Labor Market Service
If MÁV Zrt. operates a labor market information service (hereinafter: labor market service) to prevent temporary employment problems or mitigate their effects,
MÁV-START Zrt. participates in it as a member, thereby
ensuring access to the system and the services provided within its framework for its own employees
, provided that MÁV Zrt. is the majority owner of MÁV-START Zrt.
If, due to a change in the ownership structure, MÁV-START Zrt.
is removed from the majority ownership of MÁV Zrt., MÁV-START Zrt. - in prior consultation with the trade unions entering into the Collective Agreement
- sets up its own labor market information service
or joins another network providing similar services.
Termination with immediate effect
Section 23
The guidelines for exercising the right of immediate termination and determining the person exercising the authority
, from the employer's perspective, are set out in Chapter II of Annex 3.
Procedure in the event of termination (termination) of employment relationship
Section 24
1. 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 – no later than the last day of work. The employer is obliged to ensure
the conditions for this . 2. The parties are obliged to settle accounts with each other on the last day of work. 3. If the employment relationship is terminated by mutual agreement,
because the employee initiated this with a view to acquiring the right to a retirement benefit (including benefits before the age limit) , then the
period of exemption from work stipulated in the agreement for the termination of the employment relationship (which may extend
at most to the notice period applicable in the event of termination by the employer
) may be taken into account as the qualifying period for the determination of pro-rata leave,
in accordance with Section 55(1)(k) of the Labour Code referred to in Section 115(2)(g) of the Labour Code.
For employees providing travel services within the framework of passenger service activities
special provisions
§ 25
Special rules for employees providing travel services within the framework of passenger service activities
shall be regulated in a local appendix based on Section 135(4)(d) of the Labour Code.
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CHAPTER 2
WORKING TIME
REGULAR WORKING HOURS
Definitions and interpretations of terms
§ 26
1. For the purposes of the Collective Agreement and other rules relating to employment
a) Working hours : the period from the beginning of the time prescribed for work to its end,
which must include the
duration of preparatory and finishing activities related to work, and – in standby jobs – the break between work.
The non-working part of the split working hours and the
waiting time of employees providing travelling services are not part of the working hours.
b) Working hours:
the working hours are the mandatory monthly, multi-monthly, or maximum annual working hours (mandatory hours) that must be completed by the employee . The
working hours to be completed under the working hours: the amount of working
hours determined by multiplying the number of working days according to the general work schedule – not including the public holiday falling on a working day according to the general work schedule
– by the daily working hours applicable to the employee
.
(E.g. In the case of a monthly working time frame, 22 working days x 8 hours = 176 mandatory hours)
c) Working time schedule: the working time schedule is the division of the working time (mandatory hours) to be completed within the working time frame into working days, as well as the determination of the start and end times and duration of work
on each working day . The working time schedule also includes the determination of the rest day (rest time) of employees employed under a work schedule that differs from the general work schedule. d) Work schedule: a set of standards summarizing the rules of the working time schedule e) General work schedule: working time is scheduled for five days per calendar week, from Monday to Friday, as a general rule. f) Extended shift work schedule : employees perform their work on any calendar day, without alternating each other, in such a way that the start and end times of work differ from those of the daytime work schedule, and their working time according to the daily schedule is also longer than the full working time of the day. Another characteristic of this work schedule is that the order of rest days also differs from that of the general work schedule. g) Extended permanent daytime work schedule: a work schedule between 06:00 and 22:00 , in which the start and end times of work and the duration of the daily working hours according to the schedule differ from the work schedule of those with a general work schedule . Another characteristic of this work schedule is that the order of rest days also differs from the general work schedule. h)
Multi-shift work schedule : a workplace or job where the daily
operating (service) time exceeds the employee's full daily working time, and therefore the
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employees regularly perform the same activity in turns within a day
, including:
- a two-shift work schedule, if employees
perform the same activity in turns once within a day,
- a three-shift work schedule, if employees
perform the same activity in turns twice within a day .
Work performed
between 2:00 p.m. and 10:00 p.m. based on a multi-shift work schedule is considered an afternoon shift . i) Uninterrupted work schedule: the time spent working at a service location operating without interruption (day and night, without holidays) , if the employee's shift schedule changes regularly and the employee can be required to work on any calendar day, provided that the work meets the conditions set out in Section 90, point a) of the Labor Code. Within this: - The work schedule is “four-shift” if at least four employees performing the same activity are usually entitled to an average of 24 hours of rest after a 12-hour shift, and then to an average of 48 hours of rest after another 12-hour shift. - The work schedule is “12/24” if at least three employees performing the same activity are usually entitled to a 24-hour rest after a 12-hour shift. - The work schedule is “24-hour” if employees performing the same activity and working on-call shifts alternate every 24 hours. The work schedule of employees employed in the train attendant position according to staff rotations is considered an uninterrupted work schedule. j) Controlled traction passenger work schedule: A specific method of uninterrupted work schedule applied by an employer , based on the main characteristics of the work schedule: – the employee’s work obligation can be prescribed 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 can be divided unequally between the shortest working time that can be spent in one shift and 12 hours for each working day , taking into account the provisions set out in the legislation on daily working hours, rest periods, extraordinary and night work, driving time and breaks between work and the Collective Agreement . Employees employed under controlled traction passenger work schedule: a) locomotive driver
b) Trainee train driver during supervised travel
c) Trainee train driver
d) Trainee train driver during supervised travel
e) Mechanical line inspector
f) FLIRT train driver
g) FLIRT train driver during supervised travel.
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(Mt.96.§ (2) para.)
l) Other work schedule:
An individual work schedule, defined in a local appendix, adapted to the specificities of the given technology and employment , which deviates from the general
rules of the work schedules, but does not contradict the provisions of the Mt. and the Collective Agreement regarding working and rest time
.
m) Staff rotation: A service schedule, a basic work organization document containing
the work schedule of the traveling staff, determined for the purpose of forwarding trains, taking into account the separately specified directives and legal provisions. n) Work usually performed outside the premises : The employee usually performs his work outside the premises if, due to the nature of the work, he performs his job duties outside the permanent place of work specified in the employment contract for at least one third of his monthly working days (services) . o) Turning station: A station at which, according to the relevant provisions , a train arrives or from which a train departs, including train-accompanying depot stations and stations at which the changing of travelling personnel takes place. p) Suitable rest room: A room that meets the following conditions is considered a suitable rest room for the accommodation of travelling employees during their waiting period (KSz § 33, point 2) : a) it has bedding and a bed provided by the employer, b) washing and showering facilities are provided, c) it is located within a maximum distance of one thousand meters from the station. In the absence of one of the above conditions, the parties are entitled to agree in a local appendix on the qualification of the room as suitable. 2. If the Collective Agreement stipulates the payment of a certain percentage of the basic wage as a supplement or separate remuneration , this shall 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 ). 3. When determining the basic wage per hour, the monthly classification wage shall be divided by the number of hours of working time governing the monthly working time frame and determined in accordance with Section 93(2) of the Labour Code . This provision shall apply accordingly to employees employed for longer full-time or part-time work.
Full-time
§ 27
1. 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 must be taken into account.
2. It may be agreed in an employment contract that the employer will only
employ the employee for part of the full working time (part-time).
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3. The local appendix may classify a job position – defined in Annex 8 –
as standby, where the performance of the job task –
based on employment rules or technological instructions –
a) does not require permanent work, provided that the employee
does not have an actual work
obligation for at least 20% of his regular working hours, or
b) involves lower demands than the general one
. 4. The job position of the towing passenger – taking into account the
criteria specified in point 3, as well as the nature of the job tasks, the technology and the
working conditions, cannot be classified as standby.
Working hours
§ 28
1. The employee shall be employed by determining the working time frame, taking into account the provisions of this Section
.
2. The working time frame applicable to the employee
shall be formed by taking into account the daily full working hours and the working days of the relevant period, taking into account the provisions of Section 5
(the working time frame is the product of the two).
3. With the exception specified in Section 4 and Section 29, Section 1. i), the company's
employees shall be employed by
taking into account the monthly working time frame. 4. Those performing seasonal work (Section 38) shall be employed by taking into account the annual working time frame
.
5. When determining the monthly mandatory working time (working time frame) of an employee who regularly works on a public holiday,
the public holiday falling on the working day of permanent full-time employees
shall be disregarded as a multiplier. This provision does not affect the
employee's obligation to work on public holidays, which is part of their regular working hours
(Mt. § 102 (2)).
6. The different rules applicable to employees employed in regional vehicle insurance directorates and railway vehicle repair organizations are contained
in Annex 11 to the KSz
.
Definition of work schedules
Section 29
1. The work schedules applicable at MÁV-START Zrt are the following:
a) general work schedule
b) extended shift work schedule
c) extended permanent daytime work schedule
d) multi-shift work schedule
– two-shift work schedule
– three-shift work schedule
e) uninterrupted (rotational) work schedule
f) guided travelling work schedule
g) seasonal work schedule
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h) informal work schedule
i) other work schedule. 2. The employer is entitled to determine in work instructions the work schedule
applicable to the given place of work, adjusted to the working hours, technology and the work tasks resulting from them , after requesting the opinion of the works council (delegate) in accordance with Section 264 of the Labour Code a) in grouping by job position b) with the possibility of applying several work schedules (points 1.a)-i) governing the given job position (job group) . During this procedure, the start and end of working hours related to the work schedule are also determined. 3. At the same time as sending the draft for opinion in accordance with point 2, the employer is obliged to hand over the draft in writing for information to the trade union(s) authorized to conclude a local appendix . 4. Within 15 days of the draft, the trade unions are entitled to initiate a consultation, which shall be conducted centrally by the trade union(s) concerned and the employer . In the event of a consultation, the employer is entitled to introduce the planned change only after the consultation has been concluded by agreement or after the minimum period prescribed by law for consultation has expired. The employer is obliged to submit the introduced work schedule and the related determination of the start and end of working hours to the works council and the trade unions concluding the local appendix. 5. When determining the work schedule and the start and end of working hours, according to Section 6(3) of the Employment Act, the employer is obliged to take into account the interests of the employee on the basis of fair consideration , in particular with regard to the conditions of commuting to work by public transport. A unilateral determination may not cause disproportionate harm to the employee. 6. The change in the work schedule may take place on the starting day of the working time frame. During the working hours, this may only be done in particularly justified cases and with the prior permission of the human resources director . 7. If, prior to the change in the working hours, the employee was - employed in a multi-shift or uninterrupted (rotational) working schedule, and then subsequently employed in an extended shift or extended permanent day working schedule, or in a general working schedule, then the employee's basic salary shall be increased by 10%, or, - employed in an extended shift or extended permanent day working schedule, and then subsequently employed in a general working schedule, then the employee's basic salary shall be increased by 5%,
must be increased simultaneously with the change in the work schedule, provided that
the employee concerned
worked continuously for at least six months in the previous work schedule that entitled him to a basic wage increase prior to the change in the work schedule.
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In this case, the basic wage maximums determined for each level according to the classification
may be exceeded by the amount specified in this point. The basic wage increase according to this point may only be applied once
during the employee's employment relationship and per legal title (indents 1 and 2)
.
8. The application restriction set out in the previous point does not apply to cases
where the work schedule is introduced and
applied by the employer for a fixed period announced in advance. In this case, the basic wage increased as specified in the first and second indents of the previous point
is also due to the employee only for this fixed period , provided that he or she has worked continuously for at least six months
in the previous work schedule that entitled him or her to the basic wage increase – prior to the change in the work schedule. The work schedule specified in point 2.b) may only be amended for a fixed period. 9. The basic wage increase is due to the employee who meets the eligibility criteria, regardless of the number of employees affected by the change in the work schedule. 10. An employee is not entitled to the basic wage increase specified in point 7 if a) the employee initiates the change in work schedule or the resulting amendment to the employment contract , b) the change in work schedule is a consequence of being employed at a changing workplace, provided that the employee has been informed in writing about the applicable work schedules prior to employment under the work schedule .
General rules for working hours
§ 30
1. The working time schedule of employees employed under a work schedule other than the general work schedule must be communicated to the employee in writing
for a period of one month, by the 23rd of the month preceding the entry into force of the working time frame (by the 21st of February). A duplicate of the working time schedule must be given to the employee. The basic document of the working time schedule is the register kept by the employer, and the wage settlement is based on this. A duplicate does not need to be given if the employee does not request it and declares this in writing. This declaration of the employee is valid until revoked. The working time schedule can also be communicated by forwarding it to the e-mail address provided by the employee, based on the employee’s written request or declaration of consent . The working time schedule of employees holding a reserve position must be prepared for one week in advance and communicated to the employee in writing . In the event that the deadline falls on a public holiday or Sunday, the working time schedule must be communicated to the employee on the previous working day. The employer may also communicate the working time schedule of employees to the employees in the manner customary in the locality, instead of in person . The working time schedule following the end of the incapacity for work may also be communicated to the absent employee by telephone in the presence of two witnesses, subject to subsequent completion of the written form . The absent employee is also obliged to initiate the communication of the working time schedule by the deadline, based on his obligation to cooperate, in the most appropriate manner and within an expected time. The working time schedule communicated in advance may be modified in accordance with Section 31 of the KSZ.
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2. When preparing the working time schedule,
the rules on full-time work, rest periods and extraordinary working hours must also be taken into account. The employer is obliged to publish
the staff rotations of employees providing travelling services in the usual manner in the local area (Mt.17.§ (2) para.) and to provide them to the trade unions authorised to conclude local addenda in a demonstrable manner. 3. The duration of working time spent in one shift may exceed 12 hours only in the following cases : a) in a standby-type position, in the case of an employee employed in full-time daily work increased by individual agreement pursuant to Mt.92.§ (2) , if the parties have previously agreed in writing in an individual agreement on the exceeding of the 12-hour working time according to the schedule – pursuant to Mt.99.§ (3) para. – including the upper limit of the contribution, which – unless otherwise provided in a local addenda – may not exceed 24 hours. b) upon the transition to winter time (Mt.§ 99 (4)) c) in cases falling under the scope of Mt.§ 108 (2), including in jobs providing towing services, no. 10. in the case of extraordinary work ordered for the purpose of ensuring the uninterrupted provision of scheduled public services (in this case, the duration of employment exceeding 12 hours is subject to remuneration for extraordinary work), and d) in passenger transport and jobs ensuring uninterrupted railway transport (Annex 8), provided that – the employee and the employer have previously agreed in writing in an individual agreement on the exceeding of the 12-hour working time according to the schedule (Mt.135.§ (4) point d)) and – the job is considered to be on-call based on the provisions of a collective agreement or a local appendix (KSz.§ 27.3.) 4. If the conditions set out in subparagraphs a) or d) of point 3 are met, the length of service of an employee performing an on-call job may be determined at a maximum of 24 hours, unless otherwise provided in a local appendix. The individual agreement of the parties may not deviate from the provisions of the local appendix regarding the longest working hours that can be spent in one service. The special provisions regarding the working hours of passenger train conductors in one service are contained in Section 33, point 6 of the KSz. 5. Types of working time distribution: a) equal (the working hours to be completed are the same on all working days, taking into account the provision in Section 29, point 1)
b) unequal (depending on the work tasks, the assigned and completed working hours for the working days (services)
vary)
c) flexible (the allocation and use of working hours is determined by the employee for less than half of the working time
, and by the employer for the rest)
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d) split working hours (daily working hours (service) must be performed in two parts)
6. When scheduling working hours,
the duration of preparatory and finishing work related to the job must also be taken into account. These works and their duration must be specified in Annex No. 7 of the KSz
or in a local appendix.
7. The duration of the preparatory and finishing work of cashiers – specified in the Local Implementation Instruction –
must be regulated in a local appendix, with the proviso that its
shortest duration must be at least 10 minutes.
8. If the employee referred to in points a) and b) of paragraph (1) of Section
113 of the Labour Code is not on unpaid leave pursuant to Section 128 of the Labour Code and
submits an express request
for employment in his/her job and the work schedule associated with it, together with a written declaration regarding the provision of his/her child, then the restrictions set out in paragraphs (2)-(3) of Section 113 of the Labour Code may be disregarded – based on the authorization
pursuant to point i) of paragraph (2) of Section 135 of the Labour Code .
Modification of working hours
§ 31
1. The employer may modify the employee's previously announced working time schedule
at least seven days in advance if a monthly working time frame is applied.
The employee must be notified of the modification in writing at the same time. The
modification of the working time schedule shall be made in a manner that can be verified subsequently, by crossing out the text and with the simultaneous
signature of the person making the modification. The original data of the order must
remain legible even after the change. Appropriate subsequent
verification of the modification of the working time schedule shall also be ensured in the case of computer systems.
2. The working time schedule may be modified within seven days or less only:
a) at the written request of the employee,
b) on the basis of a written agreement initiated by the employer and concluded with the employee
.
In the previously announced working time schedule, the rest period falling on a Sunday designated pursuant to Sections 105 (4) and 106 (2) of the Labour Code may
only be moved once a month
– also to a Sunday – on the basis of a written agreement concluded with the employee.
An agreement with the employee is not required if the modification
is made due to the provisions of Section 108(2) of the Labour Code or Section 11(2) of the Labour Code.
An employee assigned to work instead of a requested trade union official is
entitled to an extraordinary transfer fee.
3. In the event of an agreement pursuant to Section 2(b), the employee
is entitled to an extraordinary transfer fee of HUF 1,500 per modified service
. 4. The following shall not be considered a modification of the working time schedule:
a) if the given service is partially cancelled, i.e. the work
begins at the time specified in the working time schedule but ends earlier,
b) if the given service is completely cancelled
. In these cases, the provisions of Section 33(7)(b) of the Labour Code shall apply.
5. For employees employed in a scheduled travelling work schedule (tractor travelling)
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The different rules applicable to employees of regional
vehicle insurance directorates and railway vehicle repair organisations are contained in Annex 11 of the KSz.
Working hours of permanent daytime employees
§ 32
1. The working hours of permanent day workers – provided that other working hours specified in this Section are not applied –
are divided equally over the working days prescribed in the working hours framework.
In the event of a local appendix or a provision to this effect by the employer,
a working time shorter than the full daily working hours – but at least 4 hours – may be established on the last working day of the week.
In such a case, the working hours on the other working days of the week shall increase proportionally.
2. In those service positions or in those positions where the
work tasks occur unequally, an unequal working time schedule may be
applied.
3. If appropriate technical conditions exist, a flexible working time schedule may also
be applied.
4. Those exercising employer authority shall perform their work in an informal working time schedule.
A local appendix or employment contract may also declare additional positions to have an informal working time
schedule. Employees employed under a flexible working schedule determine their own
working hours and rest periods, subject to prior notification to the person exercising the employer's authority .
Traveling service workers
Special provisions regarding working hours
§ 33
1. The working time of a mobile worker is the duty hour, which is the
period from reporting for duty to reporting for duty, excluding
waiting time. Accordingly, waiting time is not considered working time and is not subject
to the rules of divided working time.
2. Waiting time is the period of time – beyond the standard time – that is not worked during a shift or intermediate station within a shift
, which reaches or exceeds five hours, provided
that the employee is accommodated in a suitable rest room at these stations
. The upper limit of the waiting time may not exceed 7 hours, but
the provisions of a local appendix may deviate from this by a maximum of 8 hours.
3. For the duration of the waiting time, the employee is entitled to remuneration equivalent to 50% of his basic salary
. In the case of employees performing travelling services, waiting time for services exceeding 20 hours per month and including work on public holidays shall be remunerated at an amount equivalent
to 110% of the basic wage . 4. The monthly absence hours of a train attendant may not exceed 220 hours. Local appendix from this
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may differ from the rate.
(Absence hours = working time + waiting time)
5. The preparatory and finishing work related to the work (e.g.:
time standards for the acceptance and handover of the train or towing vehicle), their duration, and the rules for signing on and off duty shall be specified
in Annex 7 to the KSZ or in the local appendix. 6. The activities of passenger transport passengers may be classified as standby in a separate collective agreement or in a local appendix (KSZ, Section 27, Section 3). In the scheduling of working hours of passenger transport passengers, the working time that can be spent in one service may exceed 12 hours for all stations, based on a written agreement between the employer and the employee , but its upper limit - unless otherwise provided in a collective agreement - may not exceed 16 hours. The collective agreement shall stipulate the maximum duration of working time that may be spent in one shift. Within the shift, the duration of scheduled travel time and the duration of preparatory and finishing work may not exceed 12.8 hours. 7. The provisions concerning the time that a mobile employee may spend in one shift : a.) the shift – taking into account the other provisions of this Section – shall be planned for a minimum of 4 hours, b.) if the employee – as set out in Section 30 of the Employment Contracts Act – is not able to complete his/her originally planned shift, which is considered to be regular working hours – due to a reason arising within the employer’s scope of operations , – the employee shall be ordered to work for an equal period of time until the end of the working hours, corresponding to the missed working hours , – failing which, the partially or fully missed shift shall be counted as working time. The reason for the missed shift shall be recorded in writing.
8. If the employee performing the travelling service started his/her service and it ended later than the predetermined time, the employee is entitled to a 100% wage supplement for the period
exceeding his/her original working time schedule (Article 41 of the Labour Code), however, the additional working time resulting from the train being late is not considered extraordinary working time (Article 135(4) (d) of the Labour Code). 9. The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling) are contained in Annex 10 of the Labour Code.
Special provisions regarding the working hours of employees on a rotating (shift) work schedule
§ 34
1. The employer is entitled to determine the beginning and end of the working hours of employees working in a rotating (shift) work schedule in accordance with the provisions of Section 29 of the KSz. 2. If a shortage of working hours occurs, the employee may be ordered to work for a minimum of 6 hours once
a month to make up for it . 3. Split working hours are not included in the daily working hours (service) (Section 37)
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4. An employee employed under the work
schedule specified in this Section
may deviate from the previously announced working hours in a maximum of 8 cases per month.
Accounting for working time deficit
§ 35
If the mandatory hours (working hours) of employees employed within the working time frame
are not fulfilled for reasons arising within the employer's scope of operations, the
employee is entitled to basic salary for the lost working hours. [Mt. § 146 (1)]
The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling)
are contained in Annex 10 of the KSz.
Restrictions on consecutive night work for workers performing itinerant and round-the-clock services
§ 36
Travelling and shift workers
may be required to work a maximum of two consecutive nights. From this perspective,
night work is considered to be work if one of the shifts is at least 4 hours long and the other
is at least 3 hours long between 10 p.m. and 6 a.m.
The different rules for workers employed on a scheduled travelling schedule (tractor travelling)
are contained in Annex 10 to the KSz.
Split working hours of employees with a rotating work schedule
§ 37
1. In those places of service where the provision of the service allows,
the daily
working hours (service) may be interrupted in the travelling and uninterrupted transport positions based on the provisions of the local appendix. The duration of the interruption of working hours and
the positions affected by the split working hours - taking into account the above
- shall be determined in the local appendix.
In the case of application of this provision, the working hours that can be spent in one shift -
unless otherwise provided in the local appendix - may not exceed 12 hours.
The duration of the interruption of working hours - unless otherwise provided in the local appendix -
may not be less than 4 hours and may not exceed 6 hours
. 2. The parties to the local appendix - if they cannot agree on the above -
are obliged to involve the professional superior body and the higher trade union body in the negotiations in the interests of the agreement
. If this is unsuccessful, the parties shall apply to the Mt.
According to the provisions of Section 293 (1) – by making a declaration of submission – an arbitrator is
used. If the parties cannot jointly
select an arbitrator from the list of arbitrators published by the MKDSZ, the employer and the trade union (several trade unions
together) shall each appoint an arbitrator. The two appointed arbitrators shall jointly ensure
the appointment of a third arbitrator and thereafter act as a body.
3. The employee – unless otherwise agreed – shall be entitled to the interruption of working hours
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must serve the period at his place of work. In this case, the conditions for rest
must be ensured.
4. If the employee
spends the non-working part of the divided working time at his workplace based on the provisions of point 2.), it is not considered on-call time, however, the rules for remuneration of on-call time must be applied accordingly for this period
. For non-working time spent at his place of work exceeding 40 hours per month,
remuneration equivalent to 110% of the basic wage must be paid.
If a shortage of working time has arisen due to the divided working time (the monthly mandatory hours have not been met), the
employee must be paid, in addition to the basic wage, the remuneration for the non-working time must also be paid,
taking into account the provisions of this point. 5. The time of attendance, - unless otherwise provided in a local appendix - may not exceed
210 hours per month .
(Presence time: working time + time off due to split working time
)
6. The application of split working time does not affect the nature of the uninterrupted working schedule,
if the conditions for the uninterrupted working schedule are otherwise met. [Section 26 (1) f)] In this case, the employee is entitled to
the shift allowance established for the uninterrupted working schedule for the time that is considered working time . 7. Daily working time (service) may only be interrupted (divided) once. 8. If the duration of the interruption of working time due to work ordered during non-working time does not reach three hours, the split nature of the working time shall cease and the period designated as non-working time shall be deemed to be extraordinary working time (Section 40 (1) a) of the Employment Contracts Act) . If the ordered work – calculated within the duration of the interruption – does not affect three hours of non-working time, the employee is entitled to remuneration for extraordinary work for the actual duration of the ordered work. The work order must be recorded in writing by both the person ordering the work (e.g. the dispatcher) and the employee . Settlement can only take place if the two written statements are in agreement. 9. If split working hours are introduced in a standby position, an agreement on the use of longer full working hours cannot be concluded. 10. The term “rest conditions” defined in point 3 should be understood as rest conditions that are appropriate to the given circumstances and possibilities. In this context, it should be examined which conditions and possibilities exist in the given duty station that still satisfy the conditions for rest at an acceptable level. It is advisable for the parties to agree on the conditions for rest in the
is arranged at a given duty station based on an agreement (e.g. in the local appendix).
In the absence of a different agreement, the conditions for rest are given if at least the
possibility of lying down is provided with a bed. If the possibility of washing oneself without disproportionate effort can also be arranged at the duty station affected by the split working time , then this must also be interpreted as part of the conditions
for rest . 11. In the case of employees employed in a controlled travelling work schedule (tractor travelling), split working time cannot be applied.
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Application of seasonal work schedule
§ 38
1. Seasonal work arrangements may be applied in the following positions in the field of tourism-related work
.
a) positions classified as such in the local appendix
b) customer relations/customer service specialist
c) venue security administrator
d) cashier (personal cashier, ticket issuer at bus stops, billing and
ticket cashier, luggage storage, baggage cashier)
2. The annual working hours of those employed under the seasonal work arrangements (Section 28, Section 4)
shall be determined in the local
appendix in a different monthly and daily breakdown with regard to the main and off-season. Main
season: May, June, July, August,
Off-season: January, February, March, April, September, October, November, December
.
3. The employee's extraordinary work shall be taken into account based on the monthly working hours
, but even in the main season the monthly working hours may not exceed 230 hours.
4. For employees employed under seasonal work arrangements,
the combined granting of the weekly rest day over a longer period of time (maximum every 6 months)
is permitted – with regard to Section 105 of the Labour Code. This provision shall not apply if the employee is employed
under health risks specified in separate legislation, and may only
be applied with the written consent of the person concerned, from the time of the
declaration of pregnancy until the child is one year old in the case of a female employee, and also until the child is one year old in the case of a man raising his child alone . The granting of
one rest day is mandatory after six days of work . 5. In the case of the application of seasonal work arrangements, the remuneration for the period of leave shall be determined on the basis of the annual average daily working hours. 6. An employee employed under seasonal work arrangements may, from 1 May to 31 August – upon prior notification – take one quarter of his basic leave at a time appropriate to his request, provided that he has not done so outside the specified period. 7. For the purposes of this paragraph, the following areas shall be considered to be affected by tourism : - Budapest-Déli railway station - Székesfehérvár station - Service points of timetable area 26 between Balatonszentgyörgy and Tapolca
on the line section
- service points of timetable area 29 between Balatonakarattya – Tapolca
on the line section
- service points of timetable field 30 between Balatonaliga – Balatonszentgyörgy
on the line section
- 30a timetable area service points on the line section between Velence – Agárd
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Other provisions regarding regular working hours
§ 39
1. The time spent on mandatory training for certain jobs and on mandatory periodic exams
shall be considered working time. The
actual duration of the time spent on mandatory training or periodic exams, or at least the full daily working time, shall be accounted for.
2. The time spent on preparatory training for various exams (specialist exams) – if the
employee’s participation in these is not mandatory – shall not be working time. 3. The employee shall be entitled to absenteeism pay for the necessary and certified duration of
the periodic and extraordinary fitness medical examination requested by the employer . The employee shall be scheduled for the medical examination in advance – as part of his/her working time schedule – and actual duty shall not be planned for the day(s) affected by the medical examination. During the pre-scheduling, at least 4 hours of working time shall be planned for the day affected by the medical examination for employees providing passenger transport services and turn-around services, and 8 hours for employees providing towing services. This can only be deviated from if the employee's medical examination takes longer than this in a predictable manner – taking into account the complex examinations. In the case of a medical examination spanning several days – the employee must be instructed for each examination day – as described above (4 or 8 hours). If the duration of the medical examination on a given day – with justification – takes longer than planned , the duration of the medical examination exceeding the instructed time must be accounted for as extraordinary work (KSz § 41). The employee is also entitled to travel time compensation for the time spent travelling outside working hours. (KSz § 64, point 5 and Annex 10, § 18, point 5). If the employee fails to undergo the medical examination through his own fault – if he does not have a valid medical fitness examination – he must be prohibited from working and is not entitled to wages until the medical examination is completed. Participation in a prescribed medical examination – if the conditions specified in Section 14 of the KSz, Section 59/C and Section 18, Section 2 of Annex 10 are met – is considered a posting. 4. The employee is entitled to wages for working hours lost due to reasons outside the employer’s scope of operations only in the cases specified in the law. However, at the employee’s request, it must be possible for him to make up the time not worked. (The time of making up the time is not extraordinary working time.) 5. a) If the employer wants to interview the employee, he must do so
primarily during regular working hours according to the working time schedule communicated to the employee in advance (KSZ § 30, point 1)
or with appropriate modification of the working time schedule (KSZ § 31, point 1) .
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b) If the employee’s hearing under point a)
is not possible within the previously announced working time schedule due to the nature of the job or for other reasons, the employee shall be heard directly in connection with (before or after)
his/her regular working time according to the previously announced working time schedule , the duration of which shall be deemed to be extraordinary work. c) If the hearing under point b) is not possible - taking into account the provisions of Section 99 of the Labour Code - because a longer hearing of the employee is justified, it may exceptionally take place on a day on which the employee is not obliged to work. In this case, the actual duration of the hearings - but at least four hours - shall be considered as extraordinary working time. Similarly, the time of a witness hearing that arises within the employer’s sphere of interest shall also be considered and accounted for as working time. The employer undertakes to ensure that - in the event of the employee’s intention to do so - the employee has the opportunity to use a representative during the hearing initiated by the employer . The employee must be informed of the possibility of using a representative as described above at the same time as the notification of the hearing date . 6. The different rules applicable to employees employed in a scheduled travelling work schedule (travelling towing) are contained in Annex 10 to the KSz.
CHAPTER 3
EXTRAORDINARY WORKING HOURS
Section 40 of the Act on Extraordinary Work
1. For the purposes of Section 107 of the Labour Code, the following shall be considered extraordinary working hours:
a) work that deviates from the working time schedule (except for train delays)
, b) work performed in excess of the working time frame,
c) work performed on a rest day ,
d) work on a public holiday ordered as extraordinary work
, e) work ordered during standby, and
f) the
duration of on-call duty.
In the event of ordering extraordinary work in accordance with point b), the starting and ending times
of the period (service) ordered as extraordinary work must be precisely determined when communicating the working time schedule. If the employer performs
the service or part of the service thus designated , remuneration for the working time performed shall be due – under the title of work in excess of the working time frame – if the service or part of the service
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a) in extremely justified cases for employees providing travelling and round-the-clock service,
and
b) if this is due to the cases specified in paragraph (2) of Section 108 of the Civil Code, or if
there is another objective obstacle to the written order. 4. Work ordered in the event of exceptional weather conditions, in order to maintain traffic,
falls within the scope of the cases specified in paragraph (2) of Section 108 of the Civil Code, and is therefore not subject to restrictions. 5. A three-copy receipt must be issued for the settlement of extraordinary work, of which 1 copy is given to the employee, 1 copy to the supervisor, and 1 copy to the human service provider . A receipt for the settlement of extraordinary work does not need to be issued for those providing travelling services, those employed in an uninterrupted work schedule, and those performing operational disruptions (including those participating in the restoration of accidents and natural disasters ). 6. This Section. For the purposes of this Act, extraordinary work is deemed to be ordered on a public holiday if it takes place during the periods specified in Section 54/A of the Labour Code. 7. The different rules applicable to employees employed in a scheduled travelling work schedule (travelling towing) are contained in Annex 10 of the Labour Code.
Remuneration for extraordinary work
§ 41
Up to 20 hours 50% Up to
21 – 150 hours 75%
Up to 151 – 200 hours 100%
Up to 201 – 300 hours 130% The duration of
all overtime work (KSZ § 40,
point 1) is included in the 300-hour overtime work quantity.
2. Before ordering overtime work exceeding 200 hours per year, the employee
must be declared, and without his consent, the employee cannot be ordered to perform additional overtime work
until the task
can be performed by another employee who has given his consent.
In the case of employees employed in the job category of ticket inspector –
taking into account the dangerous nature of railway operations – overtime work exceeding 200 hours per year
cannot be ordered without the employee’s consent. 3. The relevant provisions of the Labour Code shall govern
the remuneration of the extraordinary work listed in subparagraphs c) and d) of point 1 of Section 40 , unless the rate of the extra work allowance established in a band according to Section 41 of the Labour Code is more favorable to the employee. 4. The times incurred as extraordinary work must be recorded separately for the purposes of accounting and be remunerated in a single payment on the basis of the legal title of their occurrence.
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5. Overtime work shall primarily be compensated in cash. If, upon the employee’s
written request, the overtime work allowance is replaced by time off, the
time off equal to the overtime work shall be granted at the time requested by the employee , provided that the employee has submitted the request by the time that allows
the employer to unilaterally schedule working hours . If the overtime work allowance is replaced by time off, all wage elements – with the exception of the overtime work allowance – shall be settled for the period of the overtime work. However, in the case of replacing work on a rest day with time off (designating another rest day), a 50% overtime work allowance shall be settled in accordance with Section 143 of the Labour Code. 6. An employee employed under a flexible work schedule shall not be entitled to time off or monetary compensation for overtime work . 7. Absence due to lawful exemption from the obligation to work (Mt.55.§) – in particular, illness that renders you unable to work and the duration of leave – may not result in extraordinary work or lack of working time. 8. The different rules applicable to employees employed in a directed travelling work order (tractor travelling) are contained in Annex 10 to the KSz. The different rules applicable to employees employed in regional vehicle insurance directorates and railway vehicle repair organisations are contained in Annex 11 to the KSz.
The readiness
§ 42
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 required to accept the employee’s place of residence or residence – if it
is accessible with regard to the place of work – as the place of performance of standby.
The employee
is not subject to any further notification obligation beyond the notification of the place and method of availability.
at least 1 week before its commencement and at least 1 month in advance – taking into account the provisions of 1. The preparation of the standby schedule and the demonstrable acknowledgement of it by the employee also qualify as a written order . 3. Standby for train conductors may only be ordered on the basis of Section 108 (2) of the Labour Code. 4. An employee may be ordered to be on standby for 800 hours per calendar year. A written agreement with the employee may specify a higher amount. 5. The employee is not entitled to rest time after the standby period – if no work was ordered during the standby period . 6. For the duration of the standby period up to 300 hours per year, the employee is entitled to 25% of the basic salary, and for the period exceeding 300 hours, 30% of the basic salary.
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If the employee
has spent the standby period at the employer's premises with the employer's prior consent or on the basis of a separate written agreement, the
provisions of Section 43, point 2 shall apply to his remuneration.
7. In the case of work ordered during standby (Section 40, point 1.e) of the Employment Code),
the employee is entitled to remuneration pursuant to Section 41 of the Employment Code from the time of the alert until his return to the place of standby.
In the absence of a different written agreement, the employer is obliged to transport the employee to the
place of work and to the place of standby after the work is completed
.
8. For the purposes of this Section, standby is deemed to be ordered on a public holiday if
it takes place during the periods specified in Section 54/A of the KSz.
9. The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling)
are contained in Annex 10 of the KSz.
The duty
§ 43
1. On-call duty is defined as availability at a place and time specified by the employer – outside the employee’s regular working hours. 2. The remuneration for on-call duty is: - 50% of the basic wage in the case of on-call duty ordered on a working day, - 65% of the basic wage in the case of on-call duty ordered on a rest day or public holiday . In the case of on-call duty, the conditions for rest must be ensured. Point 10 of Section 37 shall be applied accordingly with regard to the conditions for rest . For the purposes of this Section, on-call duty is considered to be ordered on a public holiday if it takes place during the periods specified in Section 54/A of the Employment Act.
CHAPTER 4
THE REST TIMES
The break between work
§ 44
1. If
the duration of the daily working hours according to the schedule and/or extraordinary working hours different from the working hours schedule
a) exceeds six hours and 20 minutes,
b) exceeds nine hours, an additional 25-minute
break must be provided to the employee.
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2. A local appendix may establish a longer break than that set out in point 1, taking into account technological and work organisation interests .
3. The place where the break is to be taken
is determined by the local appendix, or in its absence by the employee. The period within which an employee employed in a non-standby position is entitled to take a break shall be determined in a local appendix. In a stand-by position, the break is part of the working time pursuant to point a) of paragraph (3) of Section 86 of the Labour Code , therefore, in these positions, no separate provision shall be made on the granting of a break and the period available for taking it , nor shall the provisions of paragraphs (5)-(6) of Section 103 of the Labour Code and points 4-7 of this Section apply. 4. Based on the provisions of the local appendix, after at least 3 hours of work, breaks between work hours – 45 minutes in duration – must be granted in a combined manner, provided that technological conditions allow this. 5. Based on the provisions of the local appendix, the employee’s second break between work hours (25 minutes) may also be granted in installments of at least 10 minutes. The employee is entitled to HUF 800 per day shift if the break between work hours is granted in more than two installments. In night shift, the break between work hours may be granted in a maximum of two installments. If the break between work hours is granted in two installments during night shift, the employee is entitled to HUF 600 per shift. 6. In the case of split working hours, if the working hours according to the schedule prior to the start of the interruption of working hours do not exceed six hours, – based on the provisions of the local appendix – the break between work of an employee employed in a non-standby type position may also be granted during the part of the service affected by the interruption. In this case, the employee’s time at work is not extended by the duration of the break between work granted during the part free from work. 7. In non-standby type positions, the break between work is not considered working time, the working time lost due to this may be completed on the given working day (service day) within the presence time or during the working time specified in the working time frame, taking into account the local technological requirements and employment aspects . (Presence time = daily working hours according to the schedule + duration of the break(s) between work)
Granting of breaks between work for employees providing travelling services
Section 45
The provisions of Section 44
shall apply to employees providing travel services with the following exceptions.
1. For the purpose of granting travel services to employees providing travel services,
appropriate periods shall be designated in the staff rotations within which the
travel services shall be granted. If,
due to extraordinary technological reasons or an event specified in Section 108(2) of the Labour Code, any travel services
shall not be granted until the start of the reporting period, such time
shall be paid at 175% of the basic wage in addition to being recorded on the service record. The application of this provision alone shall not
result in extraordinary working hours.
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2. No break may be granted on a train, even in the case of a self-paid journey, as the
conditions for taking a break are not ensured.
3. Different rules for employees employed in a scheduled travelling schedule (tractor travelling)
are contained in Annex 10 to the KSz.
Daily rest period for those providing passenger transport services and those working in shifts
§ 46
1. The daily rest period for those providing passenger transport services 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 (travel time). The travel time, up to a maximum of 6 hours, must be determined in the local appendix in proportion to the distance between the locations concerned. The local appendix may deviate from the 12-hour rate, but it is mandatory to ensure at least 8 hours of rest time at home . 2. The daily rest period for those on a rotating (shift) work schedule 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. The local appendix may deviate from this rate – in the cases specified in paragraph (2) of Section 104 of the Labour Code – but the daily rest period may not be less than 8 hours. 3. The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling) are contained in Annex 10 of the KSz.
Different provisions regarding rest days for those providing travelling services and those working in shifts
§ 47
1. The two rest days per week of those performing shift work or travelling service shall be
designated and granted in such a way that there is at least 48 hours of uninterrupted rest between two shifts
. The 48-hour rest period shall be provided at least once a month in such a way that it
includes a full Saturday and Sunday.
In the case of those performing travelling service, this rest period may only be designated with the employee’s prior consent
for the weekend when the Saturday preceding the Sunday
has been declared a working day in accordance with Section 102(5) of the Labour Code.
2. Rest days (rest periods) shall be designated in the working time schedule published in accordance with Section 30(1) of the Labour Code
and the employee shall be demonstrably notified thereof.
The rest day (rest period) shall be designated with its starting and ending times.
3. In the case of an employee employed
in a standby position, in an uninterrupted, multi-shift work schedule,
in a directed travelling work schedule, or in another work schedule,
more than two rest days may be granted within the applied working hours
. After six days of work, one rest day is mandatory. 4. Instead of the rest days specified in points 1.-2. of this §, the employee may also be granted an uninterrupted rest period of at least 42 hours per week in accordance with Section 106 of the Labour Code
.
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in. In this case, however, the employee
must receive at least 48 hours of weekly rest on average over the working time frame.
In the case of non-travelling employees performing shift work,
the weekly rest
must be provided at least once a month either – between 0:00 on Saturday and 24:00 on Sunday, or
– between the shift change on Saturday morning and the shift change on Monday morning
, in such a way that its duration reaches 47.5 hours, and the
period from 8:00 on Saturday to 5:00 on Monday morning also falls within that period. In the event that the employee
ends his service before his weekend rest period at a location other than the one at which he must report for work after his weekend rest period, the rest period must reach
46.5 hours .
Weekend rest time allocated in this way
shall be considered allocated for the given week, regardless of how many hours of it fall within the given calendar week
(weekend rest time).
The period from 8 a.m. on Saturday to 5 a.m. on Monday
may be determined differently by the local appendix, but a full Sunday day must be included in the weekend rest time.
5. Different rules for employees with extended shift work schedules and rotating (shift) work schedules
:
a) Employees with extended shift work schedules and extended permanent daytime work schedules
shall be provided with two rest days per week between two shifts, so that two consecutive
calendar days per week are designated as rest days. At least once a month, the two
rest days per week shall be granted on Saturday and the following Sunday. b) In the case of a four-shift work schedule, the weekly rest time shall be provided during the long (46–50-hour) free time
between the two shifts . c) In the case of a 12/24 work schedule, the weekly rest period must be provided by means of an exchange. d) If the employee's work schedule changes (e.g. from a four-brigade shift to a 12/24 shift), the rest period must be provided according to the changed work schedule, of which the employee must be notified in advance. 6. Different rules for mobile workers: a) At least once a month, the rest period must be provided so that its duration extends from midnight on Saturday to 6 am on Monday. b) If the mobile worker performs his work according to the work schedule according to point 5, his rest period can also be determined according to point 5. 7. Based on the provisions of the local appendix, weekly rest days can also be assigned to non-consecutive (continuous) days for extended shift workers, extended permanent day workers and
in the case of employees employed under other work schedules. In this case,
Sunday must be designated as a day of rest at least once a month.
Study work time discounts
§ 48
1.
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1. If the employee
participates in a course of training that qualifies as a correspondence course, as it
is not conducted continuously on consecutive working days, the employee
is entitled to the following study working time allowance based on the theoretical number of hours of the training:
a) 1 working day (8 hours) of free time from 24 theoretical hours to 64 theoretical hours,
b) 2 working days (16 hours) of free time from 65 theoretical hours to 144 theoretical hours,
c) 3 working days (24 hours) of free time from 145 theoretical hours to 296 theoretical hours,
d) 4 working days (32 hours) of free time from 297 theoretical hours.
2. Given the specifically practical nature of training courses with a low number of theoretical hours,
the employee is not entitled to a study working time allowance under this Section if
the number of theoretical hours is less than 24 hours, or if the given course training
ends with a practical exam only, without a theoretical exam.
3. If the training ends with an official exam(s), the employee
is entitled to 1 additional working day (8 hours) of free time for each official exam.
4. The exam day is not included in the working time allowance.
5. The working time allowance serves the preparation for the exam, therefore it cannot
be used retrospectively.
6. The employee is entitled to an absence allowance for the duration of the study working time allowance.
7. The time the employee participates in the studies pursuant to this Section shall be
considered and accounted for as working time, and the employee shall be instructed in advance as part of his/her working time schedule
.
8. The scope of this Section does not extend to college or university (Bsc, Msc) training.
Extraordinary freedom
§ 49
1. Employees holding the following positions
shall be granted, upon their request, two working days of extraordinary leave per calendar year.
- ticket inspector,
- chief ticket inspector,
- chief conductor inspector,
- carriage inspector,
- service inspector
- on-board ticket inspector
2. Extraordinary leave shall be granted at the time specified by the employee, provided
that the employee has notified his/her request
in writing no later than the date of notification of the working hours for the month in which the extraordinary leave is to be taken
. From the notification deadline, the employee is entitled, in particularly justified cases, to
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deviate.
Extraordinary leave not taken in the relevant year cannot be
taken after the relevant year.
3. For the duration of the extraordinary leave, the employee
is entitled to remuneration at the rate specified in Section 146 (5) of the Labour Code.
Compensatory leave and production break
49/A.§
1. An employee who works at least three hours a day at a workplace exposed to ionizing radiation
is entitled to five working days of additional leave per year. 2. Due to the end-of-year holidays , a production (activity) break may be ordered for technological reasons
in areas not directly related to traffic or in the organization of railway vehicle repairs.” 3. A female employee who has certified blood donation 3 times in a given calendar year, and a male employee who has certified blood donation 4 times in a given calendar year, is entitled to two working days of additional leave in the following calendar year. Blood donation can be certified by an entry in the blood donor card or by a certificate issued by a territorial body of the National Blood Supply Service with an operating license pursuant to a separate law, or by a healthcare service provider or other institution with an operating license issued for the blood donation service. 4. The employee is entitled to one working day of additional leave for the first time starting from the calendar year in which he reaches the age of sixtieth.
Management of employees providing travelling services after leave
§ 50
If the employee providing the traveling service is on known leave at the time of preparing the work schedule , the employee may be ordered to work for 6 hours
on the following working day at the earliest.
Issuance and accounting of leave and sick leave
§ 51
1. Holiday and sick leave –
in accordance with the provisions of Sections 124 and 126 of the Labour Code – shall be granted on working days according to the working time schedule in such a way that the employee employed in a work schedule other than the general one is exempted from the obligation to work for the same period of time as the schedule during the granting of
holiday (sick leave) and the granted holiday shall be accounted for and recorded in the same number of hours. 2. For the days of holiday and sick leave that can be planned in advance by the employer when preparing the order (known when preparing the working time schedule), the full daily working time valid for the employee’s job must be planned and accounted for.
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Leave known at the time of drawing up the work schedule may be granted on or starting from a Monday affected by the weekly rest period of travelling employees pursuant to Section 47, Section 6.a)
. 3. For workdays (services) affected by absence due to illness
that is not yet planned at the time of drawing up the work schedule , the planned (as directed) working time not worked (missed) according to the work schedule applicable to the employee shall be calculated in accordance with the rules applicable to the employment relationship. 4. In the event of exceptionally important economic interests or a reason that directly and seriously affects its operation, the employer is entitled to grant one quarter of the leave no later than 31 March of the year following the due date (Mt.123, Section (5) paragraph c)) 5. During the granting of leave, the part at the disposal of the employer may also be granted in installments of a duration not exceeding 14 consecutive days . No leave may be granted to make up for a shortage of hours arising from a reason arising within the scope of the employer's operations . When granting leave , the fair interests of the employee must also be taken into account. The employee is entitled to use the available leave (7 working days) in several installments . The employer cannot modify the working time schedule for the duration of the leave . 6. Both the employer and the employee are required to comply with their obligation to notify the employer of the date of the leave in writing at least seven days before the start of the leave .
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CHAPTER 5
RULES FOR REMUNERATION OF WORK
Determining the basic salary
§ 52
1. The basic salary of all employees of MÁV-START Zrt shall
be determined in monthly terms.
2. The Local Appendix may only, if authorized by the Collective Agreement,
a) establish a new legal title regarding the remuneration of work, or
b) increase certain remuneration rates established in the Collective Agreement
. 3. It is not possible to validly deviate from the provisions of points 1-2.
Determination of the wages of employees
who have become unfit for certain jobs related to the core railway activity due to health reasons
§ 53
1. The wage of an employee performing a job specified in Annex No. 6
shall be determined in accordance with this Section, provided that a) he/she has become permanently unfit
to perform his/her job due to a deterioration in his/her health resulting from service , and therefore must be employed in another job, if b) the employee's service period in the jobs specified in Annex No. 6 reaches 15 years. (The jobs specified in Annex No. 6 cannot be interpreted broadly, and the period of performance of other activities cannot be taken into account. If the employee has worked in more than one of the jobs specified in Annex No. 6 , these periods must be added together.) 2. Permanent health incapacity to perform the job may be determined only 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 in case of filling such a job, he/she will not suffer any loss of earnings compared to his/her previous absence pay. 4. If the employer terminates the employment of an employee who cannot be employed in his/her original job due to permanent unfitness for a reason related to the employer's operations within 1 year after the determination of the unfitness , he/she shall provide an additional 5 months of social benefits in addition to the severance pay due under the Labour Code and the Collective Labour Agreement. 5. If the employee is further employed in a job in which the absence pay does not reach 85% of the absence pay available in his/her previous job, the employee's salary must be supplemented to this extent (wage supplement). When determining the available absence pay, the employee's previous detailed planning unit, job title and work schedule must be the same as the active and legal-statistical
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the average (median) of the absence fees of employees in the workforce shall be taken as a basis.
In the absence of a job as a basis for comparison, the personal allowance
shall be increased by the average annual wage increase achieved at the employer .
If the employee is later employed part-time, the
available absence fee specified above may only be taken into account in proportion to this.
6. The wage supplement shall be paid as a personal allowance against the wage cost.
7. The amount of the personal allowance shall be reviewed every six months, no later than 31 January and 31 July
, or when the employee's basic wage changes, and
shall be modified if necessary.
8. When determining the amount of the personal allowance to which the employee is entitled,
the total amount of the accident allowance, the regularly paid compensation or other allowance shall
also be taken into account.
9. The provisions of this Section do not apply
to those entitled to rehabilitation care under separate legislation regulating this matter.
WAGE ALLOWANCES Shift allowance
§ 54
1. The amount of the shift supplement for employees employed in a multi-shift work schedule
is:
a) 20% of the basic wage for work performed in the afternoon shift;
b) 40% of the basic wage for work performed in the night shift. 2. Employees employed in an uninterrupted work schedule are entitled to a shift supplement
equivalent to 30% of the basic wage for the actual working hours . 3. Employees employed in an extended shift work schedule and an extended permanent daytime work schedule are entitled to a shift supplement equivalent to 10% of the monthly basic wage if the average daily working hours reach 11 hours. 4. For the purposes of this paragraph, the basic wage includes the basic wage, the non-bonus fee for extraordinary work, and the performance wage. 5. Shift supplement may only be calculated for the actual working hours or for the period recognized as such by a provision of the KSZ. 6. In the case of a work schedule determined in accordance with Section 29, point 1, subparagraph i), the amount of the shift allowance must also be set out in the local appendix. 7. The different rules applicable to employees employed in a directed travelling work schedule (tractor travelling) are contained in Annex 10 to the KSz.
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Compensation for working on public holidays
Section 54/A
a) from 0:00 to 24:00 on the public holiday specified in Section 102 (1) of the Labour Code,
and
b) from 0:00 to 24:00 on Easter Sunday,
c) from 0:00 to 24:00 on Whit Sunday,
d) from 18:00 to 24:00 on December 24
, e) from 18:00 to 24:00 on December 31.
The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling)
are contained in Annex 10 to the Labour Code.
Night supplement
§ 55
Employees who are not entitled to shift allowance and work at night
(between 10 p.m. and 6 a.m.)
are entitled to a night allowance equal to 40% of their basic wage for the duration of the night work.
The different rules for employees employed in regional vehicle insurance directorates and railway vehicle repair organizations
are contained in Annex 11 to the KSz.
Language proficiency allowance
§ 56
The
employer regulates the rules for special benefits to which employees are entitled based on their knowledge of a foreign language in a separate instruction.
Ticket sales and post-payment commission
§ 57
A specified amount of ticket sales and service commission, or post-payment and service commission, shall be calculated on the revenues arising from railway transport , and an international passenger traffic commission shall be calculated
on the revenues arising from international transport
.
The calculation procedure for the commission is contained in Annex 5, with the provision that the entitlement
may be extended to other positions.
Supervisory allowance
§ 58
1. In those jobs where
work under supervision is required by law or employer instructions, an employee who provides training (supervision) on a special assignment is entitled to a supplement
equivalent to 30% of their basic salary for the period of work under supervision .
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2. For the purposes of this regulation, supervised work shall be defined as
that part of the service of the supervising employee and the supervised employee
during which the supervised employee actually performs his/her work together with the supervising employee
, including the check-in and check-out times.
3. The supervision allowance shall also be payable to an employee performing occupational safety supervision
on a separate assignment.
4. The employee shall be obliged to train or supervise another employee only
on the basis of a separate, written assignment to this effect. On the basis of the written assignment, the employee
shall be liable for the person being trained and for his/her work.
Employment other than employment contract
(Common rules for redirection, posting, secondment)
§ 59
1. Employment other than an employment contract shall be deemed to be:
a) reassignment, or its special form is substitution
b) secondment
c) assignment
2. The total duration of employment other than an employment contract specified in points a)-c) of point 1
may not exceed 1056 hours per calendar year.
In the event of an agreement pursuant to point 2 of Section 59/A, the 1056 hours may be increased by the number of hours of the reassignment exceeding 528 hours
.
3. If, during the duration of employment other than an employment contract specified in points a)-c) of point 1, the employee is exempted from fulfilling the work obligation for a period
of at least one working day (service) , the period of absence shall not be included in the duration of employment other than an employment contract. 4. The work-free part of the split working time shall be included in the duration of the ordered work . 5. Employment other than the employment contract specified in points a)-c) of point 1 shall in all cases be ordered in writing and, if possible, in advance, simultaneously specifying its expected duration, the tasks to be performed and indicating the remuneration due for it, as well as its legal basis. If it is not possible to order in writing in advance, the order must be recorded in writing within two working days from the start of the employment other than the employment contract . 6. Employment other than the employment contract may not cause disproportionate harm to the employee - in particular with regard to his position, qualifications, age, state of health or other circumstances .
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7. For employment other than that covered by an employment contract, the provisions of Sections 53, 58 and 60 of the Labour Code
shall apply.
Redirection
59/A.§
1. Work is considered to be reassignment if the employee –
for reasons related to the employer’s operations, temporarily –
performs tasks belonging to another job instead of or in addition to his/her original job, based on the employer’s instructions. The
duration of work based on reassignment may not exceed 528 hours per calendar year. 2. Reassignment may exceed the duration specified in point 1 by a maximum of 352 hours
– based on the provisions of the local appendix to the Collective Labour Agreement
or on the agreement between the employee and the employer . 3. For the duration of the reassignment, the employee is entitled to remuneration based on the work actually performed, but this may not be less than the pro-rata absence fee. If the employee is transferred to a higher MMK classification job compared to his/her own job, in addition to the remuneration determined as above, he/she is entitled to a special remuneration corresponding to an additional 10% of the basic salary up to 528 hours, an additional 20% of the basic salary between 529 and 704 hours, and an additional 30% of the basic salary between 705 and 880 hours .
Substitution
59/B.§
1. Redirection (CS 59/A.§) is considered as 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 the work belonging to the two jobs cannot be separated
. Substitution is also considered as the fact that the employee performs the given service
in the given duty station in such a way that the technological staff number specified for the job performed by him/her is not ensured. 2. The substitution fee due to the employee performing the substitution must be determined, taking into account the quantity and nature of the additional task, in such a way that its amount is at least 20% of the basic salary of the substituted employee, but if several employees perform the substitution simultaneously, the amount of the substitution fees may not exceed 40% of the basic salary of the substituted employee. 3. If the basic salary of the replaced employee cannot be determined, the basis for calculating the replacement fee is the median basic salary of employees holding similar positions in the given organizational unit .
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Mission
59/C.§
1. Work is considered a posting if the employee temporarily – on the instructions of the employer – performs his job duties
outside the place of work specified in his employment contract . The posting of an employee normally employed outside the premises is governed by the provisions set out in Section 14, Point 3 of the KSz. 2. The extent of posting may not exceed 352 hours per calendar year. In derogation from this provision, in positions of lecturer (administrator) or higher, a local appendix may authorize the ordering of 528 hours by specifically defining the positions concerned . 3. Different rules for employees employed in a directed travelling work order (tractor travelling) are contained in Annex 10 of the KSz.
Assignment
59/D.§
1. Work is considered secondment if the employee performs his/her work temporarily,
on the instructions of the employer – based on an agreement between the employers – for another employer. 2. During secondment – unless otherwise agreed – the rights and obligations arising from the employment relationship are vested in and burdened by the employer to which the employee was seconded. The right to terminate the employment relationship may only be exercised by MÁV-START Zrt, as the seconding employer. The employee must be informed of the person exercising the employer’s rights . 3. In the event of secondment – unless otherwise agreed – the employee is entitled to the wage according to the employment contract . If the employee performs tasks that are not part of his/her job during the secondment, in whole or in part, the provisions of KSz 59/A.§-59/B.§ shall be applied accordingly with regard to determining the wage due to the employee. 4. In the event of secondment, the provisions of the collective agreement covering the employer at the place of secondment on working hours and rest periods, as well as – if more favorable to the employee – on remuneration for work, shall apply during the employment of the employee.
Amendment of fixed-term employment contract
Section 60
1. The employer and the employee may agree, within the framework of an employment contract amendment (agreement)
, that the employee
will be employed for a fixed term in a manner different from that set out in the employment contract.
2. The parties are entitled to terminate the agreement with a fifteen-day notice period.
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3. After the expiry of the fixed term or, in the event of termination of the agreement,
after the expiry of the notice period, the employee shall continue to be employed in accordance with his employment contract, and
his salary shall be adjusted in view of the wage increase that has occurred in the meantime.
4. For the period of employment other than that provided for in the employment contract, the employee shall be entitled
to the basic salary prescribed for the position held, or – if this cannot be determined – to the average basic
salary of employees holding the same or similar position in the given organizational unit
. If the position has a lower basic salary, the employee
shall be entitled to the withdrawal salary corresponding to the lower position.
Allowance for regular driving of company vehicles
§ 61
The head of the organizational unit operating the company vehicle, if
he does not employ a driver whose main occupation is to drive the given vehicle,
may agree with his employee that in addition to performing the employee's job
, he will also regularly perform the task of driving the vehicle.
The conditions for this are as follows:
a) the performance of the job or task is thus more economical, and
b) the employee has a valid driving license for the given vehicle category. 1. The employee is entitled to a driving allowance of 7 HUF/km
for the certified km driven – regardless of the type of vehicle driven . 2. The provisions of this paragraph shall also apply if the vehicle driven by the employee is rented by MÁV-START Zrt.
Group leader allowance
§ 62
An employee who regularly performs team leader duties specified in a separate employer's instruction is entitled to a salary supplement equivalent to 10% of the basic salary, based on the employer's written order
.
Special remuneration for work other than technological staffing
63.§1
Special reward for official testimony
63/A.§
If the employee's testimony before the authority takes place -
for reasons within the employer's sphere of interest - on his weekly rest day (rest time), day off or during his vacation
, the employee is entitled to a special remuneration of 8,000 HUF/day.
1 If the provisions set out in points 1.1-1.2 of Annex 9, valid until 31 December 2020,
are not extended, then from 1 January 2021, the
text of the Collective Agreement in force immediately prior to 1 August 2019 will be in force and applicable with regard to Section 63 .
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Time spent taking evidence and traveling is not considered working time.
Connection surcharge
Section 63/B
If a wagon inspector, vehicle mechanic or employee providing a towing service
has connected or disconnected railway vehicles, or has physically
assisted in doing so, he is entitled to a supplement of HUF 400 per connection. There is no connection supplement if the connection activity only included connecting or disconnecting
electric and/or remote control cables, or for vehicle connections carried out within the maintenance site.
COST REIMBURSEMENTS
Reimbursement of expenses of employees performing domestic official missions
§ 64
1. A daily allowance of HUF 500 shall be paid to cover the additional costs of food for an employee on a secondment . 2. The daily allowance referred to in point 1 shall be paid by working days or shifts based on the working time schedule . 3. The daily allowance shall also be paid if the total duration of the secondments within one working day (shift) reaches 6 hours. 4. In the case of a permanent (uninterrupted) secondment outside the area of the home regional center of at least five working days, the employee is entitled to the following cost reimbursement in addition to the amount specified in point 1: - HUF 120/shift for up to 44 working days - HUF 230/shift for over 44 working days. The employee is not entitled to the amount referred to in this point if he/she is participating in a residential (day-time) course or receives a daily allowance based on a special instruction. 5. If the travel time calculated in accordance with Section 105(7) of Act XXII of 1992 falls outside the working time according to the employee’s working time schedule, the employee shall be entitled to basic salary for the travel time – with the exception of those employed in a flexible working time schedule. Travel time shall be calculated separately for each calendar day. 6. The different rules applicable to employees employed in a scheduled travelling work schedule (tractor travelling) are contained in Annex 10 to the KSz. The different rules applicable to employees employed in regional vehicle insurance directorates and railway vehicle repair organisations are contained in Annex 11 to the KSz.
Reimbursement of travel expenses related to commuting to work
§ 65
1. For the employee,
reimbursement of the cost of commuting to work using his own vehicle as stipulated in the Act on Personal Income Tax
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The same amount of reimbursement is payable if
a) there
is no public transport between the employee's permanent or temporary place of residence and his/her workplace,
b) due to the employee's working hours, he/she cannot use public transport or
would only be able to use it with a disproportionately long waiting time. The
disproportionate waiting time can be determined based on an examination of the employee's personal, family and other circumstances
, but a waiting time exceeding the time required to travel or exceeding two hours
is in any case considered disproportionately long,
c) the employee is unable to
use public transport due to his/her mobility impairment.
A disabled employee is also entitled to reimbursement of expenses when commuting to work within the administrative border
, if he/she is unable to use public transport.
Otherwise, in accordance with Government Decree 39/2010. (II.26.) The relevant provisions of the decree shall apply
. 2. In the case of ticket inspectors, head ticket inspectors, chief inspectors, on-board ticket inspectors,
carriage inspectors, line shunting drivers (Balatonfenyves GV), and personal cashiers who cannot use public transport
for the first train or the last train, as well as for the related cashier opening hours, a reimbursement of 28 HUF/km for the use of a private car may be granted in the decision-making procedure specified in the relevant instruction - with individual assessment for each employee . 3. The different rules applicable to employees employed in a directed travelling work order (tractor travelling) are contained in Annex 10 to the KSz”
WAGE PROTECTION
Salary advance
§ 66
A wage advance may be granted upon request by an employee with at least 6 months of employment
. 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 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 240,000, with a repayment period of up to six months.
The wage advance may only be granted if and in such an amount that the
total amount of the refunds and other obligations from the employee’s wage established for one month
does not exceed the deduction rate established by law.
The employer and the works council (works representative) jointly decide on the granting of the wage advance
.
Provisions relating to the payment of wages
Section 67
The employee's salary is paid once a month in arrears, by the 10th day following the month in question.
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must be transferred to the financial institution account specified by the employee in advance in such a way
that the employee can dispose of his/her wages on the specified day at the latest. Wage payments at a time other than the
wage payment day
can only be made in the event of payment of the advance wage and termination of the employment relationship.
Calculation of absence fee
§ 68
If, based on the provisions of the employment relationship rule or the agreement of the parties, the
employee is entitled to an absence pay for the absence from work, it
shall be determined – in contrast to the provisions of the Employment Act – as follows:
a) If the employee has a working time schedule for the duration of the absence
, the employee shall be entitled to the basic wage for one hour
(§ 26, point 3 of the Employment Act) as an absence pay for one hour and – if, during the period of exemption from work, he would have been entitled
to a shift supplement (§ 54 of the Employment Act) or a night supplement (§ 55 of the Employment Act) based on the relevant working time schedule
– he shall also be entitled to the wage supplements listed above calculated for one hour.
b) If the employee does not have a working time schedule valid for the duration of the absence
, the employee's hourly absence pay shall be determined as the sum of the basic wage payable for one hour (
Section 26, Section 3 of the Employment Act) and the
wage supplements payable for one hour as determined in accordance with Sections (1)-(5) of the Employment Act.
In the application of this subparagraph, the employee does not have a working time schedule valid for the duration of the absence
if he is not obliged to work based on a rule relating to the employment relationship or
an agreement between the parties.
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CHAPTER 6
NON-SALARY REMUNERATION SYSTEM OF MÁV-START Zrt.
I. BENEFITS ACCORDING TO SUBJECT RIGHTS
Insurance services
§ 69
1. The employer undertakes to
provide services in accordance with Section 77 of the KSz in the event of an accident at work to the employee.
2. The employer also provides services for the benefit of the employee in the event of a death not due to an accident at work
, the amount of which is HUF 750,000. This amount will be
paid to the heir (beneficiary).
3. The employer is obliged to make the list of services available to the trade unions annually, together with the related procedure
, and to publish it annually in the MÁV-START Newsletter , and, if insurance is taken out, the draft contract must be submitted to the trade unions for
prior opinion. 4. The employer or the insurer acting on its behalf 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.
Subsidies due to the right of the subject
69/A.§
1. If the employee does not fall under any of the exclusion or reduction conditions specified in this Section
, he/she is entitled to a SZÉP Card hospitality sub-account benefit in the net amount of HUF 92,900 in 2020.
If the employee does not have an OTP,
K&H, or MKB SZÉP card, the condition for entitlement is that the SZÉP Card application
form is submitted to the customer service of the MÁV Szolgáltató Központ Zrt. Human Services organization by November 30, 2020 at the latest. 2. If the employee's employment relationship is established or terminated during the year, the employee is entitled to the benefit under point 1 in proportion to the calendar days falling within the period of entitlement, and in the case of part-time employees, in proportion to the working hours . 3. In the case of an employee who is in the statistical register on 31 March 2020 and meets the eligibility conditions specified in point 1 , the transfer to the sub-account will be made in one lump sum by 30 April 2020. In the case of an employee who enters into an employment relationship after 31 March 2020 or meets the eligibility conditions, the transfer to the sub-account will be made no later than the last day of the month following the given calendar quarter, and by 15 December for the fourth quarter. 4. Contrary to the provisions of point 1 , an employee who takes unpaid leave for the purpose of caring for or looking after his or her child at home during the entire calendar year is entitled to the SZÉP Card hospitality benefit in the net value of HUF 20,000, for which the transfer
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takes place in November. In this case, however, the employee is not entitled to the
Employee Loyalty Benefit amount under Section 72. 5. If the employee does not take unpaid leave for the entire calendar year
for the purpose of caring for or looking after his/her child at home , he/she is only entitled to the remuneration under Section 4 pro rata for calendar days. In this case, however, for the rest of the calendar year - not affected by unpaid leave for the purpose of caring for or looking after his/her child at home - the employee is entitled to the Employee Loyalty Benefit amount calculated pro rata for the time, as provided for in Section 72. 6. If the employee takes unpaid leave not mentioned in Sections 4-5 , he/she is not entitled to the benefit under Section 1 from the first day of unpaid leave . 7. The employee is also entitled to the benefit under Section 1 for the duration of the probationary period. 8. An employee participating in the MÁV-ÉVEK program is entitled to the benefit under point 1 during the first 90 days of the program. If the employee participated in the MÁV-ESÉLY program before the MÁV-ÉVEK program, the benefit must be reduced by the benefit paid for the months actually spent in the MÁV-ESÉLY program.
Clothing supply
§ 70
(Clothing Regulations of MÁV-START Zrt.).
II. BENEFITS RELATED TO EXTRAORDINARY LIFE SITUATIONS
Benefits related to extraordinary life situations
§ 71
1. The employer
shall provide a budget of HUF 3,300/employee for benefits related to extraordinary life situations. 2. In cases deserving special consideration, social assistance may be provided to
employees who find themselves in extraordinary life situations or are in need due to their social situation . 3. An employee who buries a direct relative or spouse may – based on the joint consideration and decision of the employer and the works council – be granted a funeral allowance not exceeding HUF 60,000. The funeral allowance may be paid by simultaneously attaching a copy of the death certificate and the funeral invoice issued in the applicant’s name , as well as a copy of a document proving the degree of kinship .
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III. EMPLOYEE LOYALTY BENEFIT
Employee loyalty reward
§ 72
1. The benefit under this Section is entitled to a full-time, full-time
employee in the statistical staff, whose employment relationship –
under the conditions set out in this Section – has existed continuously between 1 December of the year preceding the payment and 30 November of the current year
(settlement period). The amount of the benefit in 2020 is
HUF 350,000 gross, which is paid in December, in monthly payments.
2. Furthermore, the employee who established an employment relationship
after the first day of December of the year preceding the payment, but no later than the
last day of October of the current year, which continues to exist continuously on the last
day of November of the current year, is also entitled
to the benefit under this Section pro rata temporis. 4. The employee is entitled to benefits under this Section for the calendar days spent in employment during the accounting period , as follows.
- If the duration of unpaid leave does not exceed 30 days,
this period is considered qualifying time.
However, the entire duration of uninterrupted unpaid leave exceeding 30 days is not considered qualifying
time.
- An employee who has been on an uninterrupted disability list for more than 90 days
is not entitled to the pro-rata benefit from the 91st day, unless
the employee was placed on disability list due to an accident at work.
- If the employee does not spend
at least 30 consecutive days in the work force between the periods of two or more periods of incapacity for work, then the periods of incapacity for work –
with the exception of work accidents – must be added together and if the combined period of two or more periods of incapacity for
work reaches 91 days,
the part exceeding 90 days of the period calculated in accordance with the above
shall be disregarded when calculating entitlement.
The employer
may deviate from the application of the above rule, if there is a justifiable reason, if the
employee actually works between the periods of two or more periods of incapacity for
work. However, actual work does not include
the duration of vacation and downtime.
- In the case of an employee who is absent without justification, the
number of calendar days spent in employment must be reduced by the number of days spent absent without justification.
- In the case of employees entering or returning from the legal workforce, the
number of calendar days spent in employment must be reduced by the number of days spent in the legal workforce
.
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5. An employee who, during the accounting period,
a. the employment relationship has ended, or
b. is serving his/her notice period, or
c.
is exempted from the obligation to work in connection with the termination of his employment relationship.
6. However, an employee who is entitled to a pro rata share of the benefit,
a. whose employment relationship is terminated by the employer pursuant to Section 64(1)(b) of the Employment Act
, for reasons related to the employer's operations or
based on health incapacity,
b. whose employment relationship is terminated by mutual agreement pursuant to Section 64 (1) a) of the Labour Code
or by notice of termination by the employer or employee pursuant to point b) thereof , due to the fact that
⎯ is considered a pensioner according to Section 294(1)(g) of the Civil Code or
⎯ became entitled to early retirement benefits in accordance with Act CLXVII of 2011 on the abolition of early retirement pensions, early retirement
benefits and service benefits .
c. who participates in the MÁV-ÉVEK and MÁV-ESÉLY programs, provided that in their case
the number of calendar days spent in employment must be reduced by the number of days spent in the MÁV-ÉVEK or MÁV-
ESÉLY programs.
Bodies exercising the right to decide together with the employer on certain fringe benefits
§ 73
In the awarding of benefits falling within the scope of Section 263 of the Labour Code, the works council
(works representative) exercises the right of co-decision with the employer.
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CHAPTER 7 ADVERSE
LEGAL CONSEQUENCES, AND
EMPLOYEES' COMPENSATION LIABILITY RULE
Adverse
legal consequences applicable in the event of breach of an obligation arising from the employment relationship
§ 74
1. The following adverse legal consequences may be applied to an employee who culpably breaches his/her obligations arising from his/her employment relationship
– in proportion to the gravity of the breach and taking into account the principle of gradualness : a) disciplinary action, b) financial disadvantage affecting wages, c) temporary transfer to another job, d) temporary transfer to another place of work, e) temporary transfer to another job and another place of work . 2. The adverse legal consequences applied pursuant to point 1 – regardless of their actual implementation period – may and must be recorded within the general labor law limitation period from the date of entry into force – for 3 years pursuant to Section 286 (1) of the Labor Code. 3. The disciplinary action [1. a)], the employer expresses its disapproval towards the employee who culpably violates his/her obligation arising from the employment relationship and at the same time calls on the employee concerned to refrain from culpably violating his/her obligation arising from the employment relationship in the future. 4. In the case of the application of the financial disadvantage affecting the wage [1. b)], its extent shall be determined in a specific HUF amount as follows. The application period of the financial disadvantage affecting the wage may extend for at least one and a maximum of five months , provided that the specific HUF amount established for one month may not exceed 20% of the employee’s basic wage applicable at the time of establishing the legal consequence. The legal consequence establishing the financial disadvantage may not exceed the amount of the employee’s basic wage applicable at the time of establishing the legal consequence in total . 5. Temporary transfer to another job [1. c)] may only be made to a position for which the employee is deemed suitable in all prescribed respects (health, professional suitability, etc.) prior to the actual filling of the position. The application period of temporary transfer to another position may extend for at least one and at most five months. In the event of temporary transfer to another position, the employee’s basic salary for the duration of the implementation shall be determined by applying the basic salary valid for the position to be filled , however, the amount of financial disadvantage suffered by the employee in terms of salary during the implementation may not exceed the amount of one month’s basic salary applicable at the time of establishing the legal consequence. 6. Application of temporary transfer to another place of work [1. d)]
In the event that the employee is working at a place other than the one specified in his/her employment contract,
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shall be obliged to perform work at the place of work.
The period of application of the temporary transfer to another place of work
may extend for at least one and at most five months. The place of work may only be determined as the place of work (service) under
the control of the employee's employer . By applying this adverse legal consequence, the employee may not suffer any financial disadvantage affecting his/her basic salary, not including any potential loss of earnings resulting from changes in the shift allowance and other remuneration titles applicable at the designated place of work. 7. In the case of application of [point 1. e)] of temporary transfer to another job and another place of work, the provisions of points 5 and 6 shall be taken into account together. However, in the case of application of this adverse legal consequence, the employee's basic salary shall be determined in accordance with the provisions of point 5, and in view of this, the last sentence of point 6 shall not be applicable. 8. The adverse legal consequence also resulting in financial disadvantage affecting the salary [point 1. b), c) and e)] shall not affect the employee’s entitlement to the mandatory minimum wage (minimum wage) specified in the law. 9. In the event of a culpable breach of an employee’s obligation arising from the employment relationship, the adverse legal consequence imposed on the basis of this Section shall not affect or exclude the employee’s potential liability for damages. 10. The adverse legal consequence shall be established by a reasoned written decision. The decision shall contain information on the method and deadline for legal remedies [Mt. 287.§ (1) c)] and that an action filed against a decision has a suspensive effect on the enforcement of the adverse legal consequence. 11. The enforcement of the adverse legal consequence imposed on the basis of subparagraphs b)-e) of point 1 may be suspended by the person exercising the employer's authority for a probationary period of up to one year, taking into account the gravity of the act and the personal and family circumstances of the employee who has culpably breached his/her obligations arising from the employment relationship . If during the probationary period the employee concerned does not commit another culpable breach of obligation for which a detrimental legal consequence is repeatedly applied against him/her, the detrimental legal consequence does not have to be implemented. However, if during the probationary period a new detrimental legal consequence is imposed on him/her, the suspended detrimental legal consequence must also be implemented. 12. The person exercising the employer's authority shall, in the event of the adverse legal consequence specified in subparagraphs b)-e) of point 1,
may exempt the employee from further enforcement of a legal consequence if,
in its opinion, the employee deserves it based on his/her work and the purpose of the measure has already
been achieved, provided that at least half of the enforcement of the imposed measure has elapsed.
Employee's liability for damages
§ 75
1. An employee shall be obliged to compensate for damage caused by a culpable breach of his obligations arising from the employment relationship
, if he did not act as would generally
be 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.
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2. A person who has caused the damage
by: a) exercising the employer's authority,
b) exercising the authority of a manager of an organizational unit,
c) within one year by the same culpable breach of obligation,
d) committing a legally binding violation,
e) by a legally binding negligent breach of obligation
.
3. If the employee
causes the damage by intentionally or grossly negligently breaching his obligation, he may also be required to compensate the entire damage. [Mt. § 179 (3)
]
4. The employer may enforce his claim for damages 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 the 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. [Article 286(1)] within.
Liability for inventory shortages
(Articles 182-188 of the Civil Code)
§ 76
1. The rules of liability for inventory shortages are regulated by Sections 182-188 of the Labour Code and the
employer's instructions.
2. The range of materials for which distribution losses can be accounted for, as well as their
extent and method, are contained in Annex 2.
The employer's obligation to pay compensation
in the event of an accident at work to an employee
§ 77
1. If the employee dies,
becomes disabled, suffers partial health damage or becomes ill and is unable to work as a result of an accident at work (hereinafter referred to as: accident), the employer shall pay the following compensation amounts
to him or his heir(s) – in addition to the provisions of Sections 166–178 of the Labour Code : a) in the case of death resulting from an accident, HUF 1,500,000 b) in the case of complete (100%) disability resulting from an accident, HUF 2,500,000 c) in the case of continuous (uninterrupted) illness resulting from an accident, HUF 35,000 for at least twenty working days
- for at least thirty working days 35,000,- HUF (additional)
- for at least forty working days 35,000,- HUF (additional)
The employee is entitled to compensation.
The deceased employee's dependent child(ren) up to 15 years of age -
or up to 24 years of age if continuing school - who is dependent on the employee's own household is entitled to the status of heir.
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In addition to the amount due, an additional amount specified in point a) is payable per child. 2. The provisions of Section 87, Section 3, of
Act XCIII of 1993 on Occupational Safety and Health shall apply to the definition of an occupational accident . 3. In the case of total (100%) health impairment resulting from an accident [(disability), the amount specified in 1. b)] shall apply. In the case of permanent partial health impairment resulting from an accident , the employee shall be entitled to the proportion of the amount determined for 100% health impairment (disability) according to the health impairment as follows: Separately, itemized measures of health impairment of body parts and sensory organs :
the proportion of the amount according to point 1. b)
:
complete loss or complete
inability to use an arm from the shoulder joint
70 %
complete loss or complete inability to use an arm above the elbow joint
65 %
one arm below the elbow joint, or complete
loss or complete inability to use one hand
60 %
complete loss or complete
inability to use one thumb
20 %
complete loss or complete
incapacity of one index finger
10 %
complete loss or complete incapacity of any other finger
5%
Loss or complete
inability to function in one thigh at the hip joint
70 %
partial amputation of one thigh or complete
inoperability of the knee joint
60 %
partial amputation of one leg 50%
loss or complete
incapacity of one ankle joint
30 %
loss or complete
loss of function of one of the big toes
5%
loss or complete incapacity of any other toe
2%
total loss of vision in both eyes 100%
total loss of vision in one eye 35%
total loss of vision in one eye if
the employee has already
lost vision in the other eye
65 %
total loss of hearing in both ears 60%
total loss of hearing in one ear 15%
total loss of hearing in one ear if
the employee has already
lost hearing in the other ear
45 %
complete loss of sense of smell 10%
complete loss of sense of taste 5%
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4. The degree of permanent health impairment caused by 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 occurrence of the cause, and the advance payment must be supplemented to the full amount. 5. An employee is not entitled to compensation under this Section if the accident was caused by or in connection with a crime or violation committed intentionally by the employee.
- in
connection with a state of intoxication or drug intoxication,
- while driving a railway or road vehicle without a license or while intoxicated (drug intoxication)
occurred.
6. 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
§ 78
1. The employee is obliged to place the things brought to the workplace –
with the exception of the usual clothing and personal equipment items carried with him during work – in the storage room or
changing room. If the thing brought to the workplace is of a higher value than usual,
the employee is obliged to report it to the person designated by the head of the place of work before placing it
, and must comply with his instructions regarding the method of placement
.
2. In the absence of a storage room or changing room – in addition to the usual clothing and personal equipment items necessary for going to work
– no other things may be brought to the workplace.
Enactment and miscellaneous provisions
§ 79
1. The Collective Agreement shall enter into force on 1 March 2010.
2. The parties signing the Collective Agreement
shall consider the Collective Agreement to have been published on the date specified in point 1.
3. The parties concluding the agreement agree that any party is entitled to initiate
a joint interpretation of any provision of the Collective Agreement in writing, by stating its position
. Neither party may reject a negotiation offer for a joint interpretation
. The published joint interpretations shall form part of the Collective Agreement.
4. Pursuant to point 3 of Section 4 of the Collective Agreement, the nullity of any provision set out in a local appendix that conflicts with individual sections of the Collective Agreement
shall be taken into account ex officio.
5. MÁV-START Zrt operates an Equal Opportunities Committee on a parity basis.
6. MÁV-START Zrt and the
trade unions concluding the Collective Agreement conclude a separate agreement annually on the benefits provided to railway pensioners.
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7. The parties to the contract undertake to
regularly review the annexes to the Collective Agreement annually.
8. The parties undertake to review the local appendices and to amend them
if necessary due to the provisions of the Collective Agreement effective from 1 October 2012. 9. If the Hungarian State Railways Ltd. and the trade unions agree on a higher remuneration than the relevant statutory provisions regarding the remuneration for work on public holidays , the Parties shall accept it as binding on themselves and shall amend the Collective Agreement accordingly. The latest amendment to the Collective Agreement, incorporated in this consolidated structure, was signed in Budapest on 27 February 2018 as the contracting party by: Trade unions: Employer: László Sulyok sk András Csépke sk . Free Trade Union of Engineers and Technicians MÁV-START Zrt Imre Fridrich sk Railway Workers' Trade Union Balázs Bárány sk VDSZSZ Solidarity Agrees to the Collective Agreement: László Kicska sk Machinists' Trade Union László Kiss sk Locomotive Drivers' Trade Union Dr József Laboda sk Railway Workers' Trade Union János Hankó sk Independent Federation of Railway Workers' Trade Unions
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Annex No. 1
to the Collective Agreement of MÁV-START Zrt. Special rules
for employees performing certain activities harmful to health
In order to exclude health damage or danger,
an employee performing activities harmful to health may only perform activities harmful to health within daily working hours - unless otherwise provided by law -
for such a period that
the load related to the full working time does not exceed the permissible health limit value.
For permissible loads , the
limits and restrictions specified in - Decree 50/1999.(XI.3.) EüM for workplaces with screens
- Decree
25/2000 (IX.30.) EüM-
SZCSM Joint Decree on Chemical Safety of Workplaces with regard to Hazardous Substances
- Decree 22/2005.(VI.24.) EüM for employees exposed
to vibration - Decree 66/2005.EüM and MSZ
18151/2 for employees exposed to noise,
- Decree 3/2002.(II.8.) SzCsM-EüM
and MSZ 21875 for work performed in cold or hot environments
must be taken into account.
Working conditions that are harmful to health are considered to be particularly dangerous if the
risks cannot be reduced by appropriate measures or the use of personal protective equipment
.
If the employee has multiple employment relationships, the employee's
combined (total) daily working hours spent in working conditions that are harmful to health may not
exceed the permitted duration. The employee
is obliged to cooperate in determining the exposure durations. The employer must keep a record
of those working in working conditions that are harmful to health and the
applied work organization system in the Local Appendix to the Collective Agreement . Working conditions that are harmful to health must be determined by risk assessment in accordance with the Occupational Safety and Health Regulations of MÁV-START Zrt. In a cold working environment, the provisions of Section 7 of Decree 3/2002.(II.8.) SzCsM-EüM and the Occupational Safety and Health Regulations of MÁV-START Zrt. must be complied with. The place (method) suitable for spending the rest periods specified in the regulation must be specified in the Local Appendix to the Collective Agreement . The Local Annex of the organizational unit may also define restrictions for other loads based on a risk assessment .
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Annex 1/A
to the Collective Agreement of MÁV-START Zrt.
Work organization measures for work performed in cold environments
1. Long-term work performed in an environment classified as cold, if the average daily temperature in outdoor workplaces does not reach
+4 C° or +10 C° in indoor workplaces for 50% of the working time , for a period of at least 4 hours. In the case of long-term work performed in an environment classified as cold, a 5-10 minute rest period must be provided. 2. For the average daily temperature, the average temperature value for 24 hours must be taken into account based on meteorological forecasts. 3 For long-term work performed in an environment classified as cold according to point 1, at least 5 minutes must be provided per hour in the case of an average daily temperature above 0 C°, and at least 10 minutes must be provided per hour in the case of an average daily temperature below 0 C° . The rest period does not include the time spent approaching the warm-up room or returning to the workplace from there. 4. The rest period referred to in point 3 must be granted within working hours for all affected employees. 5. Rest periods must be provided hourly. In exceptional and justified cases – rescue, accident prevention – rest periods may be combined. 6. The employee must be able to spend the rest period in favourable climatic conditions. A closed room with a temperature of at least 20 C°, or a heated road or railway vehicle, shall be considered favourable climatic conditions. 7. In the case of those performing single-person work, where it is not possible to spend the rest period in a warm working environment under any circumstances (e.g. line entrance), the employee must be provided with a thermos bottle (thermos) to keep the protective drink warm. 8. An interruption of outdoor work is considered a rest period if the employee can stay in favorable climatic conditions during the interruption. 9. For the duration of work performed in an environment classified as cold, employees must be provided with protective clothing and protective drinks in accordance with the Local Appendixes to the MVSz . 10. Exceptional work in a cold working environment cannot be ordered, except in the case of preventing and eliminating an accident, natural disaster, or serious damage. 11. The local procedure for granting rest periods shall be regulated in the Local Appendix to the KSz.
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Annex I/B
to the Collective Agreement of MÁV-START Zrt.
Work organization measures for work in hot environments
1. Employees performing long-term outdoor work must be provided with an hourly rest period for this period if the average temperature
between 11 and 16 hours exceeds 30 °C in the case of moderately difficult physical work and 29 °C in the case of difficult physical work . 2. The forecast of the meteorological service must be taken into account as the average temperature. 3. Work organization measures must be applied, as far as possible, which enable earlier starting of working hours or reduce working outdoors after 11 o'clock. 4. If the average temperature exceeds the limit value according to point 1, the amount of rest period is: Physical work Limit value Co up to Min Co
over
Minute
Moderately
difficult
33 10 33 20
Heavy 32 10 32 20
5. Rest periods must be provided hourly. If this cannot
be provided for technological reasons, rest periods of up to two hours may be combined. In exceptional and justified cases – rescue, accident prevention – rest periods may be combined beyond the above, taking into account
the consequences and possibilities . 6. It must be ensured that employees can spend their rest periods in a place protected from the scorching sun, in the shade. 7. For the period between 11 am and 4 pm – if the average temperature exceeds the less favourable limit value according to point 4 – extraordinary work may not be ordered, except in the case of preventing and remedying accidents, natural disasters or serious damage. 8. Rest periods according to point 4 must also be provided for work performed in the interior of railway vehicles stored outdoors or brought from outdoors to enclosed spaces (warmed up) . 9. During the period of work performed in a hot environment, employees must be provided with drinking water at the appropriate temperature in the required quantity. 10. The local procedure for granting rest periods shall be regulated in the Local Appendix to the KSz.
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Annex No. 2
to the Collective Agreement of MÁV-START Zrt.
Distribution loss standards
Group
Item number from–
to
Description Distribution loss %
for a
month
October 1st –
March 31st
April 1st –
September 30th
105 -… Coal
106 -… Industrial and domestic (industrial briquettes
and
except for the following individual item numbers, for which)
0.042
105 -556 Pécs sludge coal
-771 Várpalota briquettes
-772 Dorog briquettes
-773 -776 Tata briquettes
-777 Mecsek briquettes 0.083
-926 -930 Coke
-971 -978 Firewood
-981 -993 Waste wood
106 -801 -806 Household coke 0.042
-901 -904 Household firewood
January 2.3
February 3.-
March 4.- April 5.- May 5.3
June 4.9 July 4.- August 3.- September 1.4 October 1.- November 0.6 December 0.4 107 -006 -051 Motor gasoline 0.042 0.050 -061 -078 Special gasoline 0.042 0.050 -086 -093 White spirit 0.033 0.050 -101 -103 Kerosene 0.025 0.035 -120 Premium gasoline 0.042 0.050 -121 -135 Diesel oil 0.017 0.025 -140 -141 Diesel oil 0.017 0.025 -151 -153 Fuel oil 0.017 0.025 -171 -177 Heating oil 0.017 -201 -213 Bitumen 0.017 -301 -317 Engine oils 0.008 -451 -454 Gear oil 0.008 0.017
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Group
Item number from–
to
Description Distribution loss %
for a
month
October 1st –
March 31st
April 1st –
September 30th
-641 -647 Watch oils 0.008
-661 -665 Axle oils 0.008
-851 -999 Greases and vaselines 0.033 0.042
108 -001 -260 Engine oils 0.008
-261 -340 Gear oils 0.008 0.017
-401 -413 Spindle oil 0.017
-437 -447 Engine oil 0.008 0.017
-471 -484 Engine oil 0.008 0.017
-501 -521 Lubricating oils 0.008
-523 Engine oil 0.008
-541 Lubricating oil 0.008
-542 -547 Engine oil 0.008 0.017
-576 -603 Hydraulic oil 0.008 0.017
108 -621 -635 Compressor oil 0.008 0.017
-651 -655 Cylinder oils 0.008
-671 -675 Transformer oil 0.017
-727 Fuel oil 0.042
-729 -730 Used oil 0.017
-821 Benzene 0.083
109 -001 -016 Engine oil 0.008
-018
-020 -028 Engine oil 0.008
-031
-061
-081
-085 -086 Engine oil 0.008
-008 -118 Engine oil 0.008
-203
-208
-210 -300 Gear oil 0.008 0.017
-301 Hydraulics oil 0.008 0.017
-401 -420 Engine oil 0.008 0.017
306 -501 Special synthetic resin 0.008
-502 Bp. paste 0.017
-521 Araldite AW 134 0.083
-522 Marter HV 994 0.083
925 -011 Bentonite prepared (ground) 0.042
-012 Bentonite prepared (soda) 0.010
-016 Stone dust (classified) 0.042
-102 -123 Gravel 0.108
-124 -125 Raw sand 0.083
-126 Classified sand 0.083
-129 -131 Sand, coarse quartz (locomotive) 0.083
-133 -153 Sand, synthetic 0.083
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Group
Item number from–
to
Description Distribution loss %
for a
month
October 1st –
March 31st
April 1st –
September 30th
-180 -199 Cement 0.017
-200 -202 Lime lumps 0.033
-205 -206 Slaked lime 0.033
-207 -209 Gypsum 0.017
936 -090 Polishing cloth, instrument cloth 0.166
-091 -093 Cleaning cloth 0.166
-110 -112 Machine cleaning cotton 0.166
-240 -258 Cut hemp rope 0.166
-430 -438 Binding twine 0.020
-611 Hemp tow 0.083
-612 Hemp (combed, combed) 0.166
944 -731 -732 Bonobit “H” 0.042
945 -001 Acetone 0.125
-026 Ammonium hydrogen phosphate 0.017
-145 Naphthalene 0.083
-147 Borax 0.067
-150 Boric acid 0.025
-156 Sodium bitrite 0.042
945 -312 -318 Sulfuric acid 0.042
-320 Nitric acid 0.025
-400 -401 Carbide 0.083
-445 Snow and ice remover 0.083
-450 -451 Antifreeze 0.045
-480 Glycerin 0.042
-496 Nickel sulfate 0.017
-512 Prevent cleaner 0.020
-570 -574 Water glass solution 0.085
946 -131 -132 Spirits (96% by weight) 0.083
-205 Starch (marine) 0.042
-206 Starch (potato) 0.042
-241 -242 Rapeseed oil 0.042
-243 Linseed oil 0.042
-312 -314 Copper sulphate 0.033
-322 Iron gall 0.042
-537 Wood tar 0.042
-602 Peat bran 0.581
947 -086 Graphite (ground) 0.083
-087 Graphite (flakes) 0.083
-122 Walnut wood stain 0.042
-128 Denatured alcohol 0.025
-146 Shellac 0.008
-155 -156 Pine rosin 0.083
-158 -171
-186 Synthetic resin 0.008
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Group
Item number from–
to
Description Distribution loss %
for a
month
October 1st –
March 31st
April 1st –
September 30th
-200 Tallow 0.042
-210 Paraffin 0.017
-240 -242 Cold gum 0.083 -243
Bone gum 0.042 -244 Leather gum 0.017 -250 Beeswax 0.017 -251 Montan wax 0.017 948 -008 Liquid soap 0.042 -011 Lubricating soap 0.083 -351 Ammonia alcohol 0.025 -370 Chlorinated lime 0.020 -867 Ferrolux detergent 0.095 -868 Evilux detergent 0.090 949 -004 Vienna white powder 0.017 -005 Mountain chalk 0.025 -031 Lyptophon 0.017 -032 Titanium oxide 0.017 -036 -075 Powder paints (except: 044, 058) 0.017 -106 Vliesin 0.017 -201 -427 Oil paints (except: 293-296, 357) 0.042 -293 -296 Minium 0.025 -357 Rust inhibitor (in can) 0.100 -510 -836 Synthetic varnishes and enamels
(except: 537)
0.042
949 -837 -886 Thinners (oil and varnish paint)
(except: 856, 878)
0.125
-856 Neolux thinner 0.042
-878 Turpentine 0.025
-901 -935 Alcohol varnishes (except: 908) 0.042
-943 -965 Plasters (except: 948, 949, 960) 0.017
-968 -969 Super chromophag 0.010
-937 Linseed oil 0.042
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Annex No. 3
to the Collective Agreement of MÁV-START Zrt.
Adverse legal consequences and workers' compensation liability
order of enforcement
1. DEFINITION OF TERMS
1.1. Adverse legal consequence
An adverse legal consequence is a legal disadvantage
established in the event of a culpable breach of an obligation arising from the employment relationship based on a collective agreement – proportional to the severity of the breach of obligation
.
The employer is entitled to decide on its application
within the framework of the possibilities provided for in the relevant sections of the Labour Code and the Employment Contracts Act. In doing so, he or she freely
considers the committed culpable breach of obligation and its circumstances, and then
decides on the application of labour law sanctions accordingly. Only a disadvantage related to the employment relationship, modifying its conditions for a fixed period, which does not violate the employee’s personal rights and human dignity may be established
as an adverse legal consequence . It may be imposed based on Section 56 of the Labour Code and Section 74 of the Employment Contracts Act, within the framework of this annex. The application of a negative legal consequence – not including a disciplinary reprimand – shall result in temporary employment conditions that differ from those stipulated in the employment contract to the detriment of the employee. Accordingly, the duration of the application of the negative legal consequence shall be determined in proportion to the misconduct committed, for a period of at least one but not more than five months. 1.2. Compensation The employee shall be liable for damages for damage caused by a culpable breach of his obligations arising from his employment relationship . However, damages shall not be compensated for damages whose occurrence was not foreseeable at the time of the damage, or which were caused by the employer’s culpable conduct, or which resulted from the employer’s failure to comply with its obligation to mitigate damages. The enforceable extent of damages and the methods of enforcement are established by Sections 179 and 285 of the Employment Act, as well as Section 75 of the Employment Code. The compensation due to the employee may be enforced before the court within the general limitation period under labor law [Mt. § 285 (1)], however, the employer may also enforce the employer's claim for damages in an amount not exceeding three times the mandatory minimum wage (minimum wage) by means of a written payment demand within this period. [Mt. § 285 (2)]
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2. PERSONS PARTICIPATING IN THE DETERMINATION OF LEGAL CONSEQUENCES
2.1 . The employer’s authority The application of labor law sanctions regulated in the Collective Agreement and the enforcement of employer’s claims for damages are within the competence of the employer. The employer’s authority is exercised by the person who is entitled or obliged to do so in relation to the employee according to the regulation on the exercise of employer’s authority. 2.2. The investigating officer The employer’s authority shall act with the assistance of an investigating officer, if possible, in order to establish the facts and ensure a uniform procedure . The employee concerned must be informed about the identity of the investigating officer. The investigating officers shall be granted general authorisation within the operational area of MÁV-START Zrt . All organizational units of the employer are obliged to facilitate the activities of the investigating commissioner and provide an expert opinion upon request. The investigating commissioner shall prepare an investigating commissioner report on the hearings conducted during the investigation and on other findings of the investigation for the employer’s authority. 3. LIMITATION OF ACTION The determination of adverse legal consequences is possible within 15 days from the date on which the employer’s authority became aware of the culpable breach of obligation, the decision must be made within this period and delivered to the employee. A decision containing adverse legal consequences may not be made against the employee if one year has passed since the culpable breach of obligation was committed, and in the case of a criminal offence, the statute of limitations has expired. 4. PROCEDURE FOR THE APPLICATION OF ADVERSE LEGAL CONSEQUENCES 4.1. Establishing the knowledge of the employer The application of adverse legal consequences may take place if the employer clearly and specifically became aware of the culpable breach of obligation by the employee concerned. The employer is responsible for proving beyond doubt when he became aware of the culpable breach of obligation. The employer can become aware of the culpable breach of obligation committed by the employee in two basic ways : - by personal observation within the framework of his own employment or control activities,
or
- based on information received from another person or organization (inspection, report, etc.).
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Based on the above, the date on which the employer’s authority holder became aware of
the breach of obligation shall be taken into account as the date on which he personally noticed the breach of obligation or
came into possession of demonstrably credible information about it from another person.
In this case – taking into account the available 15-day deadline – the employer’s
authority holder shall take measures to prepare his decision, as set out in point 4.3
.
However, if the employer’s authority holder did not become aware of the breach based on the information observed or
received,
the employer’s authority holder shall order a fact-finding investigation in order to establish the relevant facts and clarify the circumstances
.
4.2. The fact-finding investigation
Within the framework of the fact-finding investigation, an evidentiary procedure must be conducted – based on the requirement of proper legal practice
– in the shortest possible time
in order to clarify all relevant circumstances that
may be of significance in relation to the employer’s knowledge of the breach of obligation that has arisen.
It must be noted that no adverse legal consequence can be imposed
beyond the one-year deadline (determined by the statute of limitations in the case of a criminal offence) from the occurrence of the cause-and-effect circumstance, regardless of the time when the employer became aware of the matter. The fact-finding investigation must be conducted – if possible – with the involvement of an investigating commissioner. Those employees who may have been involved in the breach of obligation or who, based on the available preliminary information, may otherwise have relevant information regarding the breach of obligation (witness, expert) must be heard during the fact-finding investigation. The employee who is to be interviewed during the fact-finding investigation must be notified in advance in writing. The written notification must include: - the subject, location and time of the interview, which must be specified in accordance with the relevant rules of the KSz
[Section 39, point 5] must be determined,
- in what capacity (as a possible party involved in the breach of obligation)
or otherwise
as a witness or expert in the matter of a breach of duty committed by another employee) will be heard,
- that during the hearing the employee being heard is entitled to
authorize a representative [Article 39, Section 5 of the Employment Act],
- information that the interviewed employee is not obliged
to make a self-incriminating statement.
Minutes shall be taken of the hearing, a copy of which
shall be given to the employee interviewed after signing it.
The investigating officer shall inform the employer of the results of the fact-finding investigation and the established facts
by preparing a summary written report.
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If, in the light of the report concluding the fact-finding investigation, the employer’s
authority holder becomes aware of the breach of obligation committed
– taking into account the available 15-day deadline – the employer’s
authority holder is obliged to take measures to prepare his decision, as set out in point 4.3
.
Otherwise, the fact-finding investigation must be continued until the disputed circumstances are clarified. According to Section 55 (2) of the Employment Act, the employer is entitled
– if this is justified due to the investigation of the circumstances of the breach of obligation committed by the employee – to exempt the employee from the obligation to be available and to work for a period of time necessary to conduct the investigation, but not more than thirty days . For the period of exemption from work, the employee is entitled to his absence pay pursuant to Section 146 (3) (b) of the Employment Act . 4.3. Preparation of the decision If the employer has become aware beyond any doubt of the employee's culpable breach of duty, he shall take necessary measures to ensure that his decision is well-founded. In the process, if the employee involved in the culpable breach of duty has not previously been personally interviewed as a "potentially affected person", the employer shall arrange for the employee involved in the breach to be interviewed, if possible, through an investigator. The employee involved in the culpable breach of duty must be notified in advance of the interview, in relation to which the rules specified for notification in the case of a fact-finding investigation must be applied accordingly. The notification must include a reminder that if the interview does not take place within 15 days of the employer's becoming aware of it - for any reason - then the employer may decide on the application of the adverse legal consequence without a hearing. The notification and hearing shall otherwise take place in accordance with point 4.2., however, taking into account the available 15-day deadline, the employee may be notified in another way if necessary. The minutes of the hearing shall include: - the employee is involved in the culpable breach of duty
for the hearing,
- what the employee concerned is accused of,
- the employee heard is not obliged to make a statement incriminating himself,
- did the employee heard wish to use a representative,
- what content of the statement the employee heard made regarding the charges against him
in relation to breach of obligation,
4.4. Circumstances excluding the application of an adverse legal consequence
An adverse legal consequence cannot be applied if
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- it cannot be established beyond doubt that the employee concerned committed the culpable
breach of duty,
- the limitation period has expired, either in terms of the objective (1 year) or subjective (15 days) deadline
,
- the same offense of the employee has already been adjudicated under labor law, not including the
possible separate application of the employer's action and the obligation to pay compensation,
- the employee's employment relationship has in the meantime been terminated or terminated.
4.5. Determination of the adverse legal consequence
The adverse legal consequence shall be determined by the person exercising the employer's authority, taking into account all the circumstances - in
particular the damage caused, the danger caused, the objective gravity of the act,
the previous work and social circumstances of the employee involved in the culpable breach of duty
- on the basis of free discretion, in such a way that it
has an individual and general deterrent effect in addition to the applied legal disadvantage. The person exercising the employer's authority shall determine
the adverse legal consequence in the form of a reasoned written decision . The operative part shall contain the classification of the service misconduct, the legal disadvantage imposed, its extent and duration of application, and in the case of an adverse legal consequence involving a change in the job title, place of work or basic salary, also covering these changed circumstances . The decision must cover the 30- day deadline for filing an action [Mt. 287.§ (1) c)] from the date of notification of the decision, and that the filing of an action has a suspensive effect on the execution of the decision. [Mt. 287.§ (5)] The adverse legal consequence must be justified. The justification must include the facts on which the operative part is based, the accepted evidence, – if known – the employee’s defense, the related findings and the list of violated provisions, as well as the circumstances taken into account, the aspects and facts playing a role in the exercise of the discretion and the exercise of the right of equity. When preparing the decision – in the interests of legality and soundness – the employer’s authority shall, if possible, involve the investigating commissioner. 4.6. Enforcement of the adverse legal consequence : The decision containing the adverse legal consequence must be delivered in person or sent by post immediately, but no later than 15 days after becoming aware of the culpable breach of obligation . The delivery to the interested parties is made by official means with a delivery receipt or by post with a return receipt. The return receipt must be sent by post no later than the 15th day following the day of becoming aware of the breach . The provisions of Section 24 of the Employment Act shall govern the delivery. The employer shall enforce the established adverse legal consequence
may suspend the probationary period or
exempt the employee from its further implementation, as provided for in Section 74 of the Employment Act.
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The employer shall, within 30 days of the delivery of the decision,
obtain a statement from the employee concerned as to whether he or she has filed a claim. The employee concerned shall make a statement
in view of his or her general obligation to cooperate . The adverse legal consequence shall be deemed final and enforceable in cases where - after the expiry of the 30-day period for filing a claim, the employee
declared that he/she did not file a lawsuit against the decision,
- after the expiry of the 30-day deadline for filing a lawsuit, the employee
in the absence of a statement, the competent labor court added a legal confirmation clause to the
decision,
- during the labor dispute, the court made a final decision to maintain (at least partially) the effect of the applied adverse
legal consequence.
The date on which the decision becomes final must be indicated on the document used for enforcement
. The person exercising the employer’s authority
must ensure the enforcement of the final decision – if possible through the investigating commissioner. During enforcement, it must be ensured that the employee concerned does not suffer any other adverse consequences than those contained
in the decision or
in connection with it, in the rules applicable to the employment relationship . 5. DIFFERENT RULES ON COMPENSATION 5.1. The employee’s liability for compensation The employee is obliged to compensate for the damage caused by the breach of his/her obligation arising from the employment relationship , if he/she did not act as is generally expected in the given situation. The substantive rules on compensation are contained in Section 75 of the Civil Code. When applying compensation – in the interests of legality and soundness – the person exercising the employer’s authority shall, if possible, act with the involvement of the investigating commissioner. The determination and enforcement of employee compensation liability may be based on the following rules . 5.2. Enforcement of the employer's claim for damages The employer's claim for damages may be enforced if the person exercising the employer's authority has established beyond doubt the fact of the damage and the culpability of the employee who caused the damage. It must also be clarified whether there are any circumstances specified in the law that exclude or limit the application of liability for damages. 5.3. Limitation period for compensation claims The compensation claim expires after 3 years. The claim for compensation for damage caused by a criminal offense expires after 5 years, and if the limitation period for criminal liability is longer, it expires after a corresponding period .
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The limitation period for a claim for compensation begins on the day the damage occurred. 5.4. Determination of the value of the damage The extent of the damage caused must be determined precisely and in a demonstrable manner, in an amount expressed in forints. If the value of the damage cannot be determined precisely, the value of the damage must be determined by a demonstrable calculation. The employer’s culpable contribution serves as the basis for the division of damage. If the employer’s representative takes into account the employer’s culpable contribution, he must consider the ratio of the employee’s and the employer’s contribution when assessing it, and must determine the amount of the claim for damage accordingly. Damage whose occurrence was not foreseeable at the time of the damage or which was caused by the employer’s culpable conduct or which resulted from the employer’s failure to comply with its obligation to mitigate damage shall not be compensated. 5.5. Establishing and enforcing the claim for compensation When establishing liability for compensation, the manner of commission must also be established – in accordance with Section 75 of the Civil Procedure Code. If this is a qualified case (e.g. gross negligence), these qualifying facts and circumstances must be established beyond doubt. If the employer deems it justified to conduct a fact-finding investigation, the procedure shall be as specified in Section 4.2 – excluding the rules on procedural deadlines. The investigating commissioner shall prepare a separate written report on the fact-finding investigation conducted in connection with the claim for compensation. The employer shall call on the employee – through the investigating commissioner acting in the case – to voluntarily compensate for the damage caused. When enforcing the claim for compensation, an attempt shall be made to reach an agreement. The settlement reached between the parties must be recorded in a written agreement. The agreement must also stipulate the method of payment of the damage and the amount of any installment payments . If the damage will be paid by deduction from the employee's wages , the agreement must also include the employee's consent to the deduction of the amount of the compensation from his wages, and that he waives his right to legal remedy. If, for any reason, the parties fail to reach an agreement and the damage is not compensated for by voluntary performance , the employer's representative may enforce his claim for damages not exceeding three times the mandatory minimum wage by means of a payment order.
The payment notice must inform the employee of the facts and
circumstances underlying the claim for damages, the provisions violated, the amount of damages, the calculated
amount of compensation that can be imposed (enforced) or that is intended to be enforced.
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The payment order must be justified. This must include the accepted
evidence, the employee’s defense, and – with particular regard to the
amount of damages sought to be enforced – the circumstances taken into account, the
considerations and facts playing a role in the exercise of the discretion, the exercise of the right of equity.
During the preparation of the compensation agreement and the payment order – in the
interests of legality and soundness – the employer’s representative shall, if possible,
seek the assistance of the investigating commissioner. An employer’s claim for damages exceeding three times the mandatory minimum wage (minimum wage) must be enforced before a court, and in this case, all documents of the case must be sent to the Labor Law Organization for the purpose of enforcing the claim – with a specific reference to this . 5.6. Enforcement of the claim for compensation The employer is obliged to inform the employee concerned 30 days after the delivery of the payment notice whether he has filed a claim. The employee concerned is obliged to make a declaration in view of his general obligation to cooperate . The date of entry into force must be indicated on the document used for enforcement (payment notice, settlement). The employer is obliged to ensure the enforcement of the final payment notice or the compensation settlement, if possible through the investigating commissioner. The employer's claim for compensation becomes enforceable on the day on which - the settlement was put in writing, - the employee made a declaration regarding voluntary performance, - the deadline for filing a claim against the payment notice has expired,
based on the employee's written statement, the claim was not filed,
- the court decision became final.
6. ADMINISTRATIVE PROVISIONS
6.1. Rules concerning the records kept by the person exercising the authority
The person exercising the employer's authority is obliged to enter adverse legal consequences and compensation cases –
in the interests of a uniform registration system, if possible with the assistance of the investigating commissioner in charge – into a separate register entitled "Adverse legal consequences and compensation". The register must contain: - the number and type of the case, - the register number of the related case files, - the name, job title, personal identification number and
organizational unit,
- a brief description of the facts and the damage caused,
- the date of the commission of the act serving as the basis for the measure and the consequences thereof
the date of receipt of information
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- the amount of compensation that can be enforced against the employee who caused the damage,
- the date of the decision, settlement, payment order,
- the method and time of delivery,
- the number, date and provision of the legal remedy decision,
- the date of entry into force,
- the data relating to the execution,
- the comments.
The files containing the employer's measures and compensation
must be kept for 15 years from the date of entry into force of the decision, payment order, or the conclusion of the compensation agreement
. The retention period for terminations with immediate effect is 50 years.
After the period specified in the previous point, the documents must be destroyed.
The register cannot be discarded.
6.2. Rules for registration in the integrated human resources management system (SAP)
The person exercising the employer's authority sends the final decision to the competent human resources partner through the investigating commissioner
, who arranges for the Human Resources service to be informed and
recorded in the SAP HR system.
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Annex No. 4
to the Collective Agreement of MÁV-START Zrt.
General rules for uniform, uniform and workwear allowances of MÁV
-START Zrt. General rules for uniform, uniform and workwear allowances of MÁV-START Zrt.
1. This annex contains the positions entitled to uniform, uniform and workwear allowances, as well as
the uniform, uniform and workwear items of clothing, with the definition of the annual budget, which the employee
may request against the annual budget. With the entry into force of this annex, the clothing allowance of the Local Appendix to the Collective Agreement shall cease to be valid for all organizational units. The Local Appendix to the Collective Agreement may not provide for clothing allowances after the entry into force of
this annex. The clothing allowance of organizations and positions subject to the Workwear Regulations is covered by Annex No. 11, the relevant job group of Annex No. 4 and the Labor Protection Regulations. 2. From 1 January 2016, footwear is included in the uniform and uniform clothing points framework only in job groups III and VI. For other jobs, footwear is included exclusively in the Occupational Safety and Health Regulations (hereinafter: MVSZ). 3. Uniform and uniform clothing items are received by the employee as basic benefits and may be claimed against the annual framework . In the event of employment in a job that entitles the employee to clothing benefits, the employee is entitled to full basic benefits and is entitled to the annual framework points from the following year. 4. The employer provides clothing benefits by setting an annual framework, which applies to the period from 1 January to 31 December of the current year. The annual framework may be exceeded by a maximum of 10% against the framework of the following year . The employee is obliged to use a minimum of 50% of his/her annual points allowance, and a maximum of 50% of the annual allowance (a different amount is indicated for the given job group/job) can be carried over to the following year. 5. Uniform and formal clothing: in order to create a unified image of the MÁV Group and to distinguish employees providing railway services in contact with the travelling public ( in the jobs listed in Part “A” of Annex No. 4 of the KSZ), clothing that is standardised and must be worn during service hours , and footwear (in the jobs belonging to job groups III and VI). Workwear: clothing (and footwear) provided in view of high levels of contamination or high levels of wear and tear are considered workwear . (Mt. § 165 (2)) Basic provision: in accordance with Annex No. 4 of the KSZ Clothing provided as a one-time benefit to newly hired employees or employees newly occupying a position that entitles them to clothing benefits, based on Annex.
Point value: the value of the types of clothing listed in Annex 4 of the KSZ. defined in points.
Framework point: the annual point that the employee holding a given job can use when compiling the annual clothing requirement – as regulated in the relevant separate instruction – ( applies to the period
from January 1 to December 31 ). Calculation of framework point: the product of the score and the rotation speed of individual pieces of clothing. 6. An employee entitled to uniform, formalwear and workwear is obliged to wear the clothes specified in the job group , requested by him and duly handed over and received, appropriate to the season and weather – in accordance with the instruction containing the detailed rules in the case of changing the clothing collection – during the performance of his duties, provided that the employer ensures continuous provision, or if the delay in provision does not exceed 1 year. The employee is obliged to receive the clothing requested by him. If the employee does not take over the clothing or wear it after being notified for reasons attributable to him , or if the clothing needs to be replaced due to a size complaint, and thus the performance of his job is jeopardized, the employer's representative may initiate proceedings based on the provisions of Annex 3 to the Collective Agreement. The employee's labor law liability under this point is excluded if there is a delay in the delivery of the employee's clothing due for reasons attributable to the employer. 7. In addition to the clothing items required for his job, an employee receiving uniforms, formalwear and workwear may also request other accessories from the unused points listed in the Identity Manual :
Code number Description Point value
99121 Men's tie 11
90200 Women's scarf 9
98303 Winter scarf 12
98304 Winter knitted gloves 6
93430 Long cotton underpants 15
98372 Men's short-sleeved T-shirt with collar (blue) 15
98392 Women's short-sleeved T-shirt with collar (blue) 14
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In addition to the items of clothing required for their job, employees receiving uniform, formalwear and workwear benefits
may also request the following additional items from their unused points (maximum 1 item/year):
Code number Description Point value
99442 Backpack 63
The Tablet PC accessory provided for the performance of service tasks is the Backpack with code number 99442, and
is therefore not insured under the Collective Agreement.
8. The employee's claim selected against the annual allowance will be served in the quarter in which he/she
is classified in a job listed in this appendix.
9. In the event of being assigned to a job that entitles the employee to clothing benefits, the employee
is fully entitled to basic clothing benefits other than the basic benefits belonging to his/her previous job (according to the tables in this appendix). On the occasion of the first benefit, benefits appropriate to the season must be provided, which is supplemented with additional elements of the basic benefits
at the change of seasons (April 30, September 30). In the year following the basic benefits, the employee's point allowance changes depending on the quarter in which his/her entitlement to clothing benefits began. Accordingly, if the entitlement to clothing benefits:
- If it happened in the first quarter, the employee is entitled to 100% of the annual point limit,
- If it happened in the second quarter, the employee is entitled to 75% of the annual point limit,
- If it happened in the third quarter, the employee is entitled to 50% of the annual point limit,
- If it happened in the fourth quarter, the employee is entitled to 25% of the annual point limit.
The full point limit for the year following the basic benefit can be carried over to the following year
a) by an employee belonging to job group I, due to the lower annual point limit,
and
b) by an employee who acquired clothing entitlement in the third or fourth quarter.
10. The employee is entitled to decide on the amount of clothing he or she will use in the given year
to request the items of clothing specified in his or her job group, but he or she is responsible for
having the items of clothing specified in the basic benefit assigned to the job and using them for work at his or her workplace
. The employee is responsible for ensuring that his or her appearance on duty is clean and well-groomed at all times. A
maximum of twice the basic benefit allowance can be requested for one type of clothing per year,
and the employee may request 2 items of clothing and accessories that are not basic benefits per year (unless
an additional restriction determines a lower level /e.g. backpack/).
11. In the case of performing two or more jobs, the employee must be provided with the larger amount of allowance
if the time spent in that job is more than ¼ of the total monthly working time.
12. The employee must submit his order for the following year by 30 April of the year preceding the year in question. The
declaration is initiated and organized by the Employer, and the Employee must fill in the data form.
In the absence of this, the employer's authority holder is obliged to take action against the employee
in order to submit the claims. In this case, the employer's authority holder may initiate
proceedings against the employee based on the provisions of Annex No. 3 of the KSZ (Procedure for enforcing adverse legal consequences and employee compensation liability)
.
13. When ordering, the required size must be provided in addition to the name and code number of the requested clothing items
. The employee is only entitled to order clothing items that match his own size. 14. A size chart must be provided
to employees who require special-sized clothing that is not included in the size chart . 15. The employee may make a size modification at least 90 days prior to the quarter of entitlement, or may supplement their order in the event of a new job. 16. If, for reasons beyond the employee’s control , the employee’s personal investigation of the clothing, its replacement, replacement, handling of warranty matters, or any other reason related to the provision of clothing requires the employee to attend, the time spent on this shall be counted as working time after prior consultation with the employer.
17. If the employee does not receive the clothing of the requested size and quality , a report must be made in the presence of two witnesses
in order to prevent subsequent unlawful claims.
18. At the place of receipt, the employer shall provide a room for the delivery and
receipt of packages containing clothing.
19. The employee shall immediately report the loss or damage of clothing
to his/her supervisor – if the replacement of the clothing is necessary – and a report must be made.
20. After receiving the clothing (including footwear), if the employee
receives clothing of a different type or size than requested, or if the clothing is defective in size or of poor quality, he/she may file a complaint by filling out the “Complaint Form”
. The delivery of the clothing complained of in this way shall be to MÁV Service Center Zrt. to the regionally
competent clothing warehouse, and then returning the exchanged item of clothing to the employee in the original
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in the same form as the request, it is transported from the employee's place of service or
delivered there.
21. In the event of a complaint within the warranty period, the employee assigned to the clothing administration duties will take immediate
action to request a new piece of clothing for the employee. The warranty period for clothing is one month.
If the garment has a factory size defect, it is considered a quality complaint. The name and contact details of the employee assigned to the clothing administration duties will be made known to
the employees annually by the employer's authorized representative in the manner customary in the local area . 22. The cleaning and maintenance of the clothing received by the employee is the employee's responsibility. 23. The clothing received by the employee is the property of MÁV-START Zrt.:
- in the case of work clothing, for 1 year from the date of receipt,
- in the case of uniform and formal clothing, until the end of the year following the year of receipt.
After the above time intervals, the clothing becomes the property of the employee. If the employee
is transferred to another job within the above periods and then reassigned to the original job, he/
she will not be entitled to new basic benefits.
24. In the event of termination or termination of employment (including retirement), unused
points will be lost, and the employee may keep the clothing already received.
25. The employee's points must be reduced proportionally for the duration of continuous, uninterrupted absence (illness /except for work accident/, GYES,
GYED, unpaid leave) exceeding 1 year.
26. Otherwise, the procedure for requesting, purchasing, distributing and accounting for uniforms, uniforms and work clothes
is contained in the instruction in force at all times. When wearing clothing with the MÁV-START Zrt. logo elements -
regardless of their owner - employees
must comply with the rules of conduct in accordance with the general provisions set out in the Code of Ethics.
27. Uniform and uniform rights are set out in Part "A" I. - VII. job groups, the
provision of work clothes is included in the tables of job groups VIII.-XIII. in Part “B”.
28. If the tables relating to job groups do not indicate the quantity for each product
, the employee is entitled to 1 piece of the given clothing product.
29. The entry into force, modification or repeal of the MÁV-START Zrt. Occupational Safety Regulations
may only be carried out with the consent of the trade unions signing the Collective Agreement.
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UNIFORM COLLECTION - MEN
Code number Product name Point value
99134 Men's winter jacket 114
99151 Men's transitional jacket 97
99240 Men's raincoat 39
99168 Men's jacket 89
99192 Men's fabric vest 49
99218 Men's trousers 44
99230 Men's winter pants 48
99129 Men's long sleeve shirt, white 22
99125 Men's short-sleeved shirt, white 20
98360 Men's knitted sweater 19
98364 Men's knitted vest 16
99121 Men's tie 11
97993 Men's winter boots * 32
98093 Men's low shoes, summer * 28
98098 Men's low shoes, transitional * 28
MSZ EN ISO 20347 compliance from 01.01.2016
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UNIFORM COLLECTION - WOMEN
Code number Product name Point value
99300 Women's winter jacket 114
99318 Women's transitional jacket 97
99421 Women's raincoat 39
99336 Women's blazer 89
99365 Women's fabric vest 49
99402 Women's trousers 44
99411 Women's winter pants 48
99392 Skirt 44
99030 Women's long-sleeved blouse, white 22
99025 Women's short-sleeved blouse, white 20
98380 Women's knitted sweater 19
98384 Women's knitted button-down vest 16
90200 Women's scarf 9
98193 Women's ankle boots, winter * 32
98290 Women's summer shoes, high heel * 28
98293 Women's summer shoes, flat heel * 27
98295 Women's shoes, transitional, high heel * 28
98298 Women's shoes, transitional, flat heel * 27
MSZ EN ISO 20347 compliance from 01.01.2016
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ACCESSORIES
Code number Product name Point value
98303 Winter scarf 12
98304 Winter knitted gloves 6
99442 Backpack 63
99118 Blue plate cap 39
98366 Men's long sleeve T-shirt (dark blue) 30
98368 Men's long sleeve T-shirt 21
98372 Men's short-sleeved T-shirt with collar (blue) 15
98373 Men's short-sleeved T-shirt with collar (white) 15
98376 Men's short-sleeved T-shirt (blue) 10
98386 Women's long sleeve T-shirt (dark blue) 30
98388 Women's long sleeve T-shirt 21
98392 Women's short-sleeved T-shirt with collar (blue) 14
98393 Women's short-sleeved T-shirt with collar (white) 14
97014 Men's work coat colorful 20
97004 Men's work coat white 20
97034 Women's work coat colorful 18
97024 Women's work coat white 16
97063 Surrano 39
96934 Work jacket 17
96914 Zimanko 33
96944 Work trousers 16
96954 Jacket top 17
96964 Pants 16
97055 Summer work cap 5
97045 Winterized work cap 9
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UNIFORM-TYPE
Code number Product name Point value
99122 Men's denim jacket 53
99020 Women's denim jacket 53
91229 Men's jeans 47
99021 Women's jeans 47
99124 Men's denim trousers 34
99023 Women's denim knee-length trousers 34
93400 Men's winter jacket 34
93405 Men's jacket, canvas 21
93410 Men's trousers, linen 17
93490 Men's linen pants (zippered leg) 18
93415 Men's waistcoat, canvas 15
93420 Men's bib pants 25
93430 Long cotton underpants 15
93440 Women's winter jacket 34
93445 Women's jacket, canvas 21
93450 Women's trousers, linen 13
93455 Women's vest, canvas 12
93460 Women's high-waisted pants 24
93480 Blue winterized hat 36
93485 Blue canvas cap 36
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Part "A": Jobs eligible for uniform allowance,
job groups, code number, annual budget
Job group number I:
Job title FEOR number
Job title FEOR number
Service Sales Specialist 36220004 Traffic Coordinator I. (B.fenyves) 31610012
Sales Specialist I. 25330008 Accounting Cashier 41230002
Sales Specialist II. 25330009 Cashier 25330004
Customer Service Coordinator 29100421 Cashier 36110010
Customer Service Specialist I. 29100422
Customer Service Specialist II. 29100423
Dispatcher 31610006
Piece of clothing
name Male Female
Winter Summer Winter Summer
Raincoat 99240 99421
3 shirts / blouses, long sleeves 99129 99030
Tie / Scarf 99121 90200
Comment:
- Contrary to point 6 of Annex 4 to the KSZ, employees of the positions listed in job group
I are not required to constantly work in the clothing listed here, only in cases
where their employer or professional manager prescribes it in writing.
- The annual budget can be fully carried over to the following year.
Annual frame
Male Female
37 37
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Job group number II:
Job title FEOR number
Domestic personal cashier 42290001
Postpaid cashier * 41230003
International personal cashier 42290003
VIP cashier 42290005
Accounting and ticket cashier 42290004
Customer service specialist (TSZVI) 36390002
Customer relationship specialist (TSZVI) 42240001
Passenger transport specialist (student Pénzt)** 41900020
Name
of garment
Men Women Winter Summer Winter Summer
2 jackets / 2 blazers 99168 99336
Knitted vest 98364 98384
Fabric vest 99192 99365
Pants / Skirt 99230 99218 99411 99402 / 99392
Knitted sweater 98360 98380
3 pcs short sleeve shirts / blouses 99125 99025
3 pcs long sleeve shirts / blouses 99129 99030
Tie / Scarf 99121 90200
Shoe transitional *** 98098
98295
98298
Shoes *** 97993 98093 98193
98290
98293
Comment:
- * Only those post-payment cashiers who also perform personal cashier activities. Named
employees are entitled to a proportional share of the annual point limit based on the
percentage of their working time they perform personal cashier activities.
- ** Only measurements and ordering would take place during the training.
- *** Footwear is not part of the basic care. It provides a choice (not mandatory!)
Request from 2020.
Annual quota
Male Female
173 171
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Job group number III:
Job title FEOR number Job title FEOR number
Service Inspector* 31900001 Senior Ticket Inspector (Domestic)*** 52310003
Service Monitoring Specialist* 21390029
Senior Ticket Examiner
(international)***
52310004
Chief Inspector 52310005 Ticket Inspector (domestic)*** 52310001
On-board ticket inspector 52310008 Ticket inspector (international)*** 52310002
Passenger transport duty officer 31610002
Traffic service worker
(B. pine)***
84120003
Passenger Transport Lecturer (Student JV)** 41900019
Signboard, car signboard 92390003
Name
of garment
Male Female
Winter Summer Winter Summer
Winter jacket 99134 99300
Transitional jacket 99151 99318
Raincoat 99240 99421
2 jackets / 2 blazers 99168 99336
Vest: knitted/fabric,
Knitted sweater
98364
98360
99192
98384
98380
99365
Pants / Skirt 99230 99218 99411
99402
99392
3 pcs short sleeve shirts/blouses 99125 99025
3 long sleeve shirts/blouses 99129 99030
short-sleeved T-shirt with collar (white)*** 98373 98393
Tie / scarf 99121 90200
Cap 99118 99118
Shoes transitional 98098
98295
98298
Shoes 97993 98093 98193
98290
98293
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Backpack 99442 99442
Note:
- Multiple code numbers for one item of clothing are optional.
- Backpack provision is not covered by the Collective Agreement (Ticket Screeners and Cabin Crew).
ticket inspector)
- * The basic provision is only a winter coat with removable lining, raincoat, shoes (temporary); the annual allowance is full
can be transferred to the following year to a certain extent.
- ** Only measurements and orders would be taken during the training period.
- *** Short-sleeved T-shirts with collars are not part of the basic supply. On priority trains (e.g. IC, EC,
EuroNight, RailJet, etc.) cannot be worn! Request from 2020.
Man Woman
Annual budget 305 290
Annual budget* 66 66
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Job group number IV:
Job title FEOR number Job title FEOR number
General Unskilled Worker* 92390002 Car Inspector*** 73310002
Towing hitch** 21390033 Bed 91120010
Locomotive Supervisor 31610026
Name
of garment
Male Female
Winter Summer Winter Summer
Winter jacket / Zimankó 93400 / 96914 93440 / 96914
Raincoat 99240 99421
2 pcs of trousers (linen/breasted)
93410
93420
93450
93460
Men's linen pants (zippered
leg) ***
93490 93490
2 pcs long cotton underwear 93430 93430
Jacket, canvas 93405 93445
3 pcs short sleeve T-shirts
98372
98376
98392
3 pcs long sleeve t-shirts
98366
98368
98386
98388
Cap 93480 93485 93480 93485
Comment:
- 1 work suit can be requested against the annual budget, the point value of which is 33.
- Multiple code numbers belonging to one piece of clothing are optional.
- * Applies exclusively to employees of the Budapest Regional Passenger Transport and Towing Directorate.
- ** Long cotton underpants are not required for a towing department job; Canvas instead of a winter jacket
jacket is included.
- *** Zip-off trousers may be chosen/worn by vehicle inspectors as per the guideline
in accordance with occupational health and safety regulations. Application from 2020.
Annual budget
Man Woman
185 188
149 (Towing Department) 146 (Towing Department)
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Job group number V:
Job title FEOR number
Passenger attendant 52310006
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket 99134 99300
2 jackets / 2 blazers 99168 99336
Vest knitted/fabric 98364 99192 98384 99365
Knitted sweater 98360 98380
Pants/skirt 99230 99218 99411
99402
99392
3 pcs short sleeve shirts/blouses 99125 99025
3 pcs long sleeve shirts / blouses 99129 99030
Tie / scarf 99121 90200
Work coat (colorful) 97014 97034
Shoes transitional 98098
98298
Shoes 97993 98093 98193
98293
Note:
- Multiple code numbers for one garment represent a choice.
Annual quota
Male Female
361 340
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Job group number VI:
Job title FEOR number Job title FEOR number
Locomotive driver 84110001 Train driver 84110004
Train driver trainee 84110002 Train driver trainee 84110003
FLIRT train driver 84110005 Other railway vehicle driver 84190001 Train driver
trainee FLIRT train driver 84110006 Mechanical line inspector 31160001
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket 99134 99300
Raincoat 99240 99421
Knitted vest /
Knitted sweater
98364
98360
98384
98380
2 pairs of jeans 91229 99021
Denim knee-length trousers 99124 99023
2 denim jackets 99122 99020
2 short-sleeved T-shirts 98372
98376
98392
2 long sleeve T-shirts
98366
98368
98386
98388
Long sleeve shirt / blouse 99129 99030
Short-sleeved shirt / blouse 99125 99025
Tie/Scarf 99121 90200
Shoes transitional 98098 98298
Shoes 97993 98093 98193 98293
Long cotton underpants 93430 93430
Cap 93480 93485 93480 93485
Note:
- Multiple code numbers for one item of clothing are optional.
- Slippers can be requested instead of winter shoes.
- 1 work suit can be requested against the annual budget, the point value of which is 33.
Annual quota
Male Female
294 293
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Job group number VII:
Job title FEOR number
Waiter-cook 51340002
Piece of clothing
name
Male Female
Winter Summer Winter Summer
Fabric vest 99192 99365
Trousers 99230 99218 99411 99402
3 long-sleeved shirts/blouses, white 99129 99030
3 pcs short sleeve shirts/blouses 99125 99025
Tie/Scarf 99121 90200
2 pcs jackets / blazers 99168 99336
Chef's jacket* 97397 97397
Chef's trousers* 97396 97395
3 short sleeve T-shirts* 97399 97399
Apron (PU coated)* 73996 73996
Chef's hat* 73976 73976
Apron (waiter's apron with
breast for men / V-neck for women)*
73997 73998
Shoes transitional 98098
98298
Shoes 97993 98093 98193
98293
Annual quota
Male Female
268 268
*The procurement of work clothes belonging to the job group - due to their unique, special nature -
is the direct responsibility and authority of the employer's representative.
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Part “B”: Jobs eligible for work clothing allowance
Job groups, code number, annual budget
Job group VIII/A:
Job title FEOR number
Warehouse Manager 92230005
Warehousing lecturer 41310003
Name
of garment
Men Women
Winter Summer Winter Summer
Winter jacket / Zimankó 93400/96914 93440/96914
Work coat colorful 97014 97034
2 short-sleeved T-shirts 98372 98392
The table above lists the parts of the basic allowance in the event of a new hire or job change. Note:
- The above clothing allowance applies exclusively to employees of the Technical Directorate
- The possible multiple code numbers belonging to one piece of clothing represent a choice.
- The winter/summer coat for the warehouse manager is provided by the MVSZ.
- The summer coat for the warehouse supervisor is provided by the MVSZ.
Annual frame
Male Female
45 45
Annual frame with winter coat 62 62
Job group VIII/B:
Job FEOR number
Warehouse Management Coordinator 29100496
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket / Zimankó; Jacket 93400/96914 93405 93440/96914 93445
Work coat colorful 97014 97034
2 short-sleeved T-shirts 98372 98392
The table above lists the parts of the basic allowance in the event of a new hire or job change. Note:
- The above clothing allowance applies exclusively to employees of the Technical Directorate
- The possible multiple code numbers belonging to one piece of clothing represent a choice.
Annual frame
Male Female
79 83
Effective from 01. 01. 2021 in a unified structure
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Page 89 / 140
Job group number IX:
Job title FEOR number
Light machinery operator 83290007
Name
of garment
Men
Winter Summer
Work jacket / jacket 96934/93405
Work trousers / Bib trousers 96944/96964
2 short-sleeved T-shirts 98372
2 long sleeve T-shirts 98366
The table above lists the parts of the basic allowance in the event of a new hire or job change. Note:
- The above clothing allowance applies exclusively to employees of the Technical Directorate
- You are not entitled to a winter coat (provided by MVSZ).
- Multiple code numbers for one piece of clothing are optional.
Annual frame
Men
75
Job group No. X/A:
Job FEOR number
Warehouse manager 31610007
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket / Zimankó; Jacket 93400/96914 93405 93440/96914 93445
Work coat colorful 97014 97034
Work trousers / Bib trousers 96944/96964 96944/96964
2 short-sleeved T-shirts 98372
98376
98392
2 long sleeve T-shirts
98366
98368
98386
98388
Long cotton underwear 93430 93430
Gloves 98304 98304
Cap 97045 97055 97045 97055
The table above lists the components of basic benefits in the event of a new hire or job change.
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 90 / 140
Comment:
- The above clothing allowance is applicable exclusively to employees of the Passenger Services Directorate and organizational unit.
- The possibility of multiple code numbers belonging to one piece of clothing represents a choice.
Annual quota
Male Female
151 155
Job group number X/B:
Job FEOR number
Forklift driver
84250001
Piece of clothing
name Male Female
Winter Summer Winter Summer
Work coat colorful 97014 97034
2 short-sleeved T-shirts 98372
98376
98392
2 long sleeve T-shirts
98366
98368
98386
98388
Cap 97045 97055 97045 97055
The table above lists the components of basic benefits in the event of a new hire or job change. Note:
- The above clothing allowance is applicable exclusively to employees of the Passenger Services Directorate, organizational unit
- For general auxiliary workers, winter/summer coats, trousers, gloves and hats are provided
Provided by MVSZ.
- Winter/summer jackets, trousers and gloves are provided by MVSZ for forklift drivers.
- Caps are only available for those working in the Forklift Driver position.
- Multiple code numbers for one garment are optional.
Annual frame
Male Female
77 77
Annual frame with cap 85 85
Job group number X/C:
Job FEOR number
Warehouse worker 41320001
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket / Zimankó 93400/96914 93440/96914
Work coat colorful 97014 97034
2 short-sleeved T-shirts 98372
98376
98392
2 long sleeve T-shirts
98366
98368
98386
98388
Long cotton underwear 93430 93430
Effective from 01. 01. 2021 in a unified structure
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Gloves 98304 98304
Cap 97045 97055 97045 97055
The table above lists the components of basic benefits in the event of a new hire or job change.
Note:
- The above clothing allowance is applicable exclusively to employees of the Passenger Services Directorate, organizational unit.
- MVSZ provides summer jackets and summer trousers for warehouse workers.
- Multiple code numbers for one piece of clothing are optional.
Annual quota
Male Female
123 123
Job group number XI:
Job
Employee performing accident investigation activities
Name
of garment
Men Women Winter Summer Winter Summer
Winter jacket / Zimankó; Work jacket 93400/96914 96934 93440/96914 93445
Work trousers / Bib trousers 96944/96964 96944/96964
2 short-sleeved T-shirts
98372
98376
98392
2 long sleeve T-shirts
98366
98368
98386
98388
Long cotton underpants 93430 93430
The table above lists the components of the basic care in the event of a new hire or job change.
Note:
- Multiple code numbers for one garment are optional.
- It can occur in any FEOR numbered job, a separate designation
is made for accident investigation activities.
- If the MVSZ does not provide the winter coat and long cotton underwear, then
the clothes must be distributed according to this appendix.
Annual quota
Male Female
107 117
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 92 / 140
Job group number XII:
Job title FEOR number Job title FEOR number
Mechanical dispatcher 31610015 Emergency vehicle mechanic II. 73310006
Vehicle service technician 21180016 Trained brake technician 73210010
Foreman I. 31610016 Brake technician 73210004
Technical foreman 31610009 Vehicle mechanic I. 73310011
Department Manager 21180032 Vehicle Mechanic II. 73310008
Cleaning Receiver I. 41900013 Vehicle Mechanic III. 73310016
Cleaning Receiver II. 41900014 Vehicle Mechanic IV. 73310018
Battery remover, battery operator 73410014 Mechanical engineer 73340002
General Apprentice Worker 92390001 Underfloor Wheel Lathe 73230006
General maintenance worker I. 75290006 Site manager, switch operator 84120005
General Maintenance Worker II. 75290004 External Locomotive Supervisor 84120001
General Maintenance Technician III. 75290009 Chemical Response Vehicle Mechanic 73310010
Vehicle mechanic trained worker 73310017
Accident prevention vehicle mechanic I. 73310013
Name
of garment
Men Women
Winter Summer Winter Summer
Long cotton underpants* 93430 93430
Work cap 97045* 97055 97045* 97055
2 long sleeve T-shirts 98368 98388
The above table lists the basic benefits in the event of a new hire or job change. Note:
- The above clothing allowance applies only to employees of the Motor Vehicle Insurance Directorate.
- * The above clothing allowance may be granted to employees holding certain positions solely based on the employer's decision exercising its authority.
Annual frame
Male Female
76 76
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 93 / 140
Job group number XIII:
Job title FEOR number Job title FEOR number
Assistant 41110006 Site Manager 13210039
Work schedule maker 31610022 Regional passenger transport chief manager 31610003
Personnel Insurance Manager 21340016 Regional Towing Chief Manager 31610023
Network HAVARIA controller 31610011
Network passenger transport and towing
chief controller
21340014
Chief Train Officer 21340015
Material and Asset Management
Coordinator
29100479
Lecturer in materials and equipment management
36230049
Laboratory Assistant* 79190001
Name
of garment
Male Female
Work coat colorful 97014 97034
Work coat white 97004 97024
The table above lists the basic care components in the event of a new hire or job change. Note:
- *Laboratory assistants are only entitled to a white lab coat.
- The above clothing allowance may be granted to employees holding certain positions solely based on the employer's decision exercising its authority . Male Female
Annual frame (work coat colored) 30 24
Annual frame (white work coat) 20 16
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 94 / 140
Job group number XIV:
Job FEOR number
Personnel Manager 31610028
Name
of garment
Men Women Winter Summer Winter Summer
2 short-sleeved T-shirts 98372 98392
The table above lists the components of basic benefits in the event of a new hire or job change.
Annual frame
Male Female
30 28
Job group number XV:
Job title FEOR number Job title FEOR number Vehicle and product acceptance coordinator*
21180014
Technical Acceptance Officer II.* 21180012
Quality Control Lecturer II.** 31350003 Chemical Technologist I.* 31150004
Quality Control Expert II.* 21370006 Chemical Technologist II.* 21170002
Technical Acceptance Officer I.* 31160002 Acceptance and Quality
inspection manager*
13210043
Name
of garment
Male Female
Winter Summer Winter Summer
1 pair of trousers (work/bib)*
96944
96964
96944
96964
1 pc Jacket top* 96954 96954
2 pcs short sleeve T-shirts 98372 98392
2 pcs long sleeve T-shirts 98368 98388
2 capes** 97014 97034
Note:
- Applies only to employees of the Receiving and Quality Control Bp. - Istvántelek (S95360) and the unit manager
(S95364).
- Short- and long-sleeved T-shirts apply to all of the listed positions
Male Female
Annual quota (* candidates) 105 103
Annual quota (Quality Control Lecturer II) 112 106
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 95 / 140
Annex No. 5
to the Collective Agreement of MÁV-START Zrt.
Commission system for commercial service providers
A. Domestic ticket sales and service commission
1. Ticket sales and service commissions can be paid under the following legal titles:
a) local and domestic direct turnover revenue,
b) MÁV-START ticket office revenues from GYSEV traffic,
c) post-payment income,
d) baggage fare revenue (including
baggage fares calculated and collected on the GySEV line),
e) schedule sales revenue,
f) luggage storage revenue (including revenue from luggage storage machines managed by MÁV-START
),
g) revenues from priority services,
h) income from the sale of other mediated services.
2. Those entitled to ticket sales and service commissions are:
➢ ticket office manager,
➢ post-payment office manager,
➢ accounting office
manager, ➢ passenger catering office administrator, ➢
passenger catering office specialist,
➢ baggage office manager,
➢ luggage storage (cloakroom cashier),
➢ cashier of KM stops not arranged for independent accounting,
➢ person obliged to inspect,
➢ cashier.
3. The amount of the commission shall be determined in accordance with Annex 5/1.
The employee is entitled to 5% of the consumer price of the timetable as a timetable sales commission
.
4. The amount of the commission for the products listed in points 1/g. and 1/h. and the method of settlement
are contained in the normative instruction issued in relation to the subject.
B. International passenger traffic commission
1. International ticket sales and service commission can be paid under the following legal title:
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a) For revenue accounted for on all ticket types in CIV traffic (VAT “0” rate),
including revenue attributable to the Hungarian road section. When determining the commission, the
actual revenues achieved by the interested ticket offices must be taken into account.
b) revenues from priority services,
c) income from the sale of other mediated services,
2. Individuals entitled to ticket sales and service commissions are:
➢ ticket office manager for the revenue generated in international traffic,
➢ cashier,
➢ accounting cashier,
➢ Passenger catering cashier,
➢ person required to perform the audit, 3. Employees of the Revenue Audit area of the Financial Institution dealing with international passenger transport revenues are entitled to a collective commission after auditing international passenger transport revenues (both generated by
travel agencies and MÁV-START ) .
4. The amount of the commission shall be determined in accordance with Annex 5/2.
C. Post-payment and service fee
1. Employees who actually
contribute to the collection of passenger transport revenues that are rightfully due to the railway are entitled to a back-payment and service commission.
Those eligible for commission are:
➢ ticket inspector/head ticket inspector (domestic, international),
➢ passenger attendant,
➢ employee performing fare review of passenger boarding passes.
➢ on-board ticket inspector
➢ line shunting manager (Balatonfenyves GV)
2. The basis of the commission is the amount of the actual receivables,
differentiated by job position and by title of reimbursement as follows.
2.1. Ticket inspectors, senior ticket inspectors, on-board ticket inspectors and line shunting managers
(hereinafter referred to as: travelling staff)
shall be entitled to a commission of: 20 + 5 = 25.00% on amounts determined and collected in cash or on credit.
2.2. The passenger attendant is entitled to a 25% ticket sales commission on the surcharge or surcharge difference for sleeping, couchette and comfort cars sold by them, as well as the portion of the ticket revenue and surcharge attributable to MÁV-START for
IRT (global fare) tickets sold in these cars .
3. After the total amount collected based on the passenger delivery form
a) traveling staff 12 + 3 = 15.0%
b) employees performing pricing reviews are entitled to a commission of 2 + 0.5 = 2.5%.
Effective from 01. 01. 2021 in a unified structure
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Page 97 / 140
c) travelling staff performing service on RailJet, EX, EN, EC and IC trains
are entitled to a commission of 280 HUF per service, up to a maximum of 2800 HUF per month, if
they have performed at least six services on RailJet, EX, EN, EC or IC trains per month.
4. If the claim is reduced or waived based on an individual decision made within the employer's jurisdiction , and
in the case of passenger release slips issued during a trial purchase, the basis for the commission due to the travelling staff under point 3. a) is
the amount correctly determined on the passenger release slip according to the tariff.
By contrast, when the claim
is reduced independently of the employer's decision, directly based on the provisions of the applicable public service contract on surcharges (Annex 13)
, the basis for the commission is the amount actually received.
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Page 98 / 140
Annex No. 5/1 to the Collective Agreement of MÁV-START Zrt.
Eligible persons Ticket
sales commission
%
Service provider
commission
%
Together
%
Commission
after 100,000 HUF
Ticket office manager after the own revenues listed in points 1/a., 1/b.
(if a ticket office
also has a KM ticket office, its revenue
must be reduced by the amount of the KM ticket office's revenue)
0.12 0.04 0.160 160
Post-payment cashier, Passenger Service
Cashier after the income specified in point 1/c.
0.04 0.02 0.06 60
A person performing baggage check-in activities after the collected revenue specified in point 1/d.
1.4 0.6 2.00 2000
A person providing luggage storage services after the income specified in point 1/f.
2.7 1.3 4.0 4000
After the revenues generated by the managers of funds not organized for independent accounting
(KM)
0.12 0.04 0.16 160
For each person subject to inspection, after the income listed in points
1/a.-1/f. of the funds belonging to the place of duty
0.003 - 0.003 3
Cashier up to points 1/a.-1/f.
after the receipt of cash registers operating under supervision
0.004 - 0.004 4
Effective from 01. 01. 2021 in a unified structure
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Page 99 / 140
Annex No. 5/2 to the Collective Agreement of MÁV-START Zrt.
Eligible persons Ticket
sales commission
%
Service provider
commission
%
Together
%
Commission
after 100,000 HUF
INDIVIDUAL COMMISSION Ticket office manager on own revenues
listed in point 1/a
0.25 0.15 0.40 400
The treasurer shall be responsible for the revenues of the funds under his/her control
as listed in point 1/a.
0.02 - 0.02 20
For each person subject to inspection, the revenues
of the funds belonging to the place of duty as per point 1/a.
0.01 - 0.01 10
COLLECTIVE COMMISSION
Employees of the Revenue Control
Area of a Financial Institution dealing with international passenger transport revenues ( after auditing the international fare revenues of
MÁV-
START and travel agencies )
0.08 - 0.08 80
Regarding points A and B:
Accounting cashier Passenger catering cashier specialist per person after the monthly cash delivery set under code numbers
301, 306, 102, 103, and 104 of the main accounting + the amount issued as supplies (domestic + international)
0.01 - 0.01 10
The distribution of the collective commission among the employees concerned is the responsibility of the service manager.
Effective from 01. 01. 2021 in a unified structure
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Page 100 / 140
Annex No. 6
to the Collective Agreement of MÁV-START Zrt. The positions covered by Section 52 are forklift driver,
ticket inspector
senior ticket inspector
car inspector
brakeman
line reversing guide (GV)
other railway driver (GV)
locomotive driver,
locomotive assistant operator, jobs listed in Annex 5 of
the Collective Agreement of MÁV-GÉPÉSZET Zrt effective on December 31, 2013 (prior to the establishment of MÁV-GÉPÉSZET Zrt)”
Effective from 01. 01. 2021 in a unified structure
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Page 101 / 140
Annex No. 7
to the Collective Agreement of MÁV-START Zrt.
Preparatory and finishing activities related to the work of passenger train attendants
and regulation of their standard working hours
(standard check-in and check-out times)
1.1 Standard check-in times:
1.1.2. RailJet, EuroCity, EuroNight, InterCityRapid, InterCity trains 50 minutes
1.1.3. Express, EuRegio, international and domestic fast trains 40 minutes
1.1.4. Passenger trains
- 53-41, 53-42 for one unit 20 minutes
- 53-41, 53-42 for two units 30 minutes
- BDV for 4 units 20 minutes
- BDV for 8 units 30 minutes
- 63-12, 63-41, 63-42, Bz, MD trains 20 minutes
- all other trains 30
minutes
1.1.5. 30 minutes for all trains on the Balatonfenyves GV
1.1.6. In the case of arriving trains,
10 minutes before the scheduled arrival at the border station or at the crew change station
1.1.7. In the case of special and charter trains, 30 minutes
1.1.8. In the case of travel at own expense, on-board inspection 5 minutes
1.1.9. In the case of shunting trains
- 15 minutes in the case of a train with preparation - 5 minutes
in the case of a train without preparation 1.1.10. In the case of train replacement buses, the reporting time is 10 minutes, however, in the case of short turnaround times and in the case of transferring from a train to a train replacement bus during train traffic, this can be reduced to zero minutes without any limitation. 1.2. Standard times increasing the technological time of the preparatory activity 1.2.1. At the start of each service, 20 minutes 1.2.3. In the case of performing a brake test, 15 minutes 1.2.4. In case of direction sign activities (only when placing iron direction signs to be placed on the side of the carriage, not including the placement of laminated signs) 2 signs per sign (on both sides of the carriage) 5 minutes 1.2.5. In case of vehicle cleaning acceptance (including Bz branch and motor train insert cars) 10 minutes per carriage 1.2.6. In case of group seat reservations, if the placement of the seat reservations is the responsibility of the traveling staff 10 minutes 1.3. Standard time for finishing activities 1.3.1. At the turning station, without settlement obligation 10 minutes 1.3.2. After the last train according to the turning (in case of settlement obligation) 30 minutes 1.3.3. After cost and on-board inspection 0 minutes, - In case of settlement obligation 20 minutes 1.3.4. At the last train on the Balatonfenyves GV 30 minutes
Effective from 01. 01. 2021 in a unified structure
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Page 102 / 140
1.3.5. If the train is put into storage and the doors and windows have to be closed/opened for this reason,
5 minutes in addition to the standard time for the finishing activity 1.4. If the tasks to be performed or the large distance between the check-in and check-out location and the post-payment cashier justify it, the standard check-in and check-out times may be deviated from by a maximum of + 10 minutes in cases previously authorized in writing by MÁV-START ZRt. Technology Planning. If the lead ticket inspector is on duty alone on a train transporting 6 or more carriages , the standard check-in time must be increased by 10 minutes.
In the case of a short turnaround time at a turning station, if the train composition and
train crew do not change (passenger shuttle train, etc.) and due to the above, the prescribed
reporting times are not ensured, the time standards do not have to be taken into account.
At a turning station, in the case of a short turning time, if the train composition and train
crew do not change, or the train is prepared by different crew, then the
standard time prescribed for the given train type and type may be lower than that prescribed for the given train type and
type, but at least 10 minutes must be provided in this case as well.
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Page 103 / 140
Annex No. 8
to the Collective Agreement of MÁV-START Zrt.
MÁV-START Zrt. passenger transport and smooth transport
jobs
From the perspective of the application of the legal provisions (Mt.135.§),
the following are considered to be travelling or uninterrupted transport-ensuring jobs at MÁV-START Zrt:
1. Passenger transport travelling jobs:
a) ticket inspector (domestic)
b) ticket inspector (international)
c) chief ticket inspector (domestic)
d) chief ticket inspector (international)
e) passenger attendant
f) VIP passenger attendant
g) chief inspector
h) other railway vehicle driver
i) line shunting driver
j) on-board ticket
inspector k) service inspector
l) cook
m) waiter-cook
2. Jobs related to the safe and
proper operation of technology and the continuous provision of public services are considered to be uninterrupted transport-ensuring
jobs:
a) carriage inspector
b) passenger transport duty officer
c) technical carriage controller lecturer
d) dispatcher
e) domestic personal cashier
f) international personal cashier
g) accounting cashier
h) accounting and ticket cashier
i) post-payment cashier
j) VIP cashier
k) personnel manager
l) sign-maker, carriage sign-maker
m) brake fitter
n) regional passenger transport chief manager
o) network passenger transport and towing chief manager
p) network HAVARIA manager
q) traffic service worker
r) customer service specialist
s) customer relations specialist
Effective from 01. 01. 2021 in a unified structure
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Page 104 / 140
t) cleaning receiver I.
u) cleaning receiver II.
v) accident response vehicle mechanic
z) chemical response vehicle mechanic
x) special train chief controller
y) regional traction chief controller
Effective from 01. 01. 2021 in a unified structure
Apply: from 01. 01. 2021
Page 105 / 140
Annex No. 9
to the Collective Agreement of MÁV-START Zrt.
The required minimum number of people on passenger trains
(The following staffing standard does not apply to trains designated for KN traffic.)
1.1 The minimum number of staff required for passenger trains is 1 head ticket inspector and
1 ticket inspector, and for
more than 10 carriages (sleeping and couchette carriages, buffet and dining carriages, and closed carriages shall not be taken into account when determining the number of carriages), 1 head ticket inspector
and 2 ticket inspectors, except for the cases specified in point 1.2 (including its sub-points).
1.2 In the case of the following configurations according to SZVÖR, the required minimum number of personnel is 1 manager
ticket inspector:
• 414, 424, 434 BDV 1 unit (4 cars)
• 415 Flirt, 425 Talent, 416 Uzsgyi, 426 Desiro multiple unit 1 unit
• 415 Flirt, 425 Talent, 416 Uzsgyi, 426 Desiro, 247, 1446 (Jenbacher) multiple unit,
not in Budapest suburban traffic
• Non-remote locking assembly up to 4 cars
• Remote locking assembly for up to 5 cars
• Train set consisting of Bz engine(s) and sidecar(s) (117, 127, 136, 24-29)
• Charter and special trains
• Balatonfenyves GV 1 main line shunting driver
1.2.1 In the case of the 815 KISS multiple unit, the required minimum number of personnel is 1 lead ticket inspector and 1
ticket inspector per unit.
1.2.2 In contrast to the minimum number of staff, more train attendants may be assigned to the train. The head ticket inspector may
deviate from the above-mentioned number of staff on a maximum of five shifts per month . In such a case, the head ticket inspector is obliged to forward the train with personnel below the number of staff, and the head ticket inspector who forwards a train with personnel below the number of staff is entitled to an additional remuneration of HUF 1,450/hour for each hour started. When determining the duration serving as the basis for the calculation, the standard time for all preparatory and finishing activities for the given train according to Annex 7 of the KSz, as well as the actual duration of the train, must be taken into account. (If working below the standard number of people is a factor increasing the standard time, the standard time related to the given train must be taken into account at the increased rate) This sub-point is not applicable for more than 10 carriages (when determining the number of carriages, sleeping and couchette carriages, buffet and dining carriages, and closed carriages must also be taken into account).
1.2.3 If the train conductor has forwarded at least five services in the given month
train operating with less than the standard number of staff, the train is not obliged to forward the train with less than the standard number of staff for the rest of the month
, and the employer may refuse the relevant instruction
. In the following cases, the travelling staff is also obliged to forward the train with less than the standard number of staff
:
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Page 106 / 140
• A ticket inspector assigned to a train becomes incapacitated while on duty,
up to the train's final stop.
• The door of the train becomes unusable during the journey, at most from the point of unusability
to the home station of the carriage. (If the
final station of the carriage that has failed during the journey is not the same as its home station, and the fault cannot be rectified at the final station, it
must be immediately forwarded from the final station to the home station for repair.
It cannot be forwarded to another route as a new passenger train or as part of a passenger train
)
1.2.4 The employer undertakes to
purchase body cameras and
equip ticket inspection stations with them in order to improve the security situation of the train attendants and increase their sense of security. The employer shall publish the
number of body cameras available at each of its locations to the employees and shall continuously update this register in connection with the acquisition of body cameras . At the request of a train attendant who is the only person on duty
on the train, regardless of the applicable staffing standard, the employer shall provide a body camera up to the number of cameras available.
1.2.5 The regulations regarding the number of employees must be complied with.
In the event of employment that deviates from this, the reason for this must be investigated. The investigation must include whether there has been a culpable breach of duty arising from the employment relationship. The employer must sanction
any culpable breach of duty that is established .
1.3. PROCEDURE TO BE FOLLOWED IN THE CASE OF DOORS FAILING DURING OPERATION
(Gy. 16-1599/2011.)
1.3.1. Actions to be taken before the train departs When taking over
the train , due emphasis must be placed on checking the operation of the doors in order to prevent future inconveniences. The method of checking depends on the type of vehicle; details are contained in the operating instructions . In the case of central door locking operated by the train attendant , it is recommended to perform a test door closing, if possible . Of course, only if we have the opportunity to do so, i.e. the technological time is ensured and the train has been set up on the departure track in time. If we experience irregularities in the operation of the doors , the technical staff (car inspector) must be notified immediately so that the fault can be eliminated before the train departs . If this is no longer possible, the car must be de-railed or the door must be locked and an appropriate information sign must be provided. When entering the Train Ticket, the driver and the lead ticket inspector should exchange telephone numbers , which will facilitate effective communication and help in the event of an emergency.
1.3.2. “Ready to depart”
The current instructions and regulations clearly state that,
with the exception of the door closing controlled by the driver, the lead ticket inspector may not give the “ready to depart” signal
until all doors are closed, except of course the door where he is boarding. In the case of central door closing
operated by the train attendant, the central door closing must be carried out before giving the “ready to depart” signal . If any of the doors have not closed , they must be closed manually .
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Traditional, “manually” closing doors must be closed manually, one by one, regardless
of how many carriages are being transported by train. Passengers must also be politely asked to close the doors! The responsibility is shared, even if the instruction places the burden solely on the shoulders of the lead ticket inspector: do not contribute to starting the train if there is an open door in the train! No reason or compulsion can override the fact that safety is the top priority!
The train cannot start with the door open!
In the case of trains with traditional doors, you must pay special attention to ensuring that
the doors on the side opposite the platform are also closed, because it is not appearance that counts, but
safety !
In the case of outward-opening doors (20 37, 19 37, etc.), you must make sure that the
doors opposite the direction of travel are properly closed.
1.3.3. Actions to be taken in the event of a breakdown during travel
If the train attendant encounters an open door during travel or
becomes aware of such, they must take immediate action!
The train attendant must take action in such cases:
- Before closing an open door during travel, they must consider - in the awareness of the increased
risk of accidents - whether they do not endanger their own physical safety.
- If the door cannot be closed, they must take action to stop the train
in order to close the open doors. In this case, it must be ensured that
passengers do not go to the front of the passenger car (information, closing the passage door) until the
emergency has passed.
Additional actions to be taken:
o If the train arrives at the next station/stopping point within a short time
, in addition to securing the front, the door must be closed after the train stops ! o If the train does not stop for a longer period of time according to the schedule , the regional passenger transport chief operator must be notified and the train must be stopped at an intermediate station. o If the chief ticket inspector cannot meet with the regional/network passenger transport operator, he must ask the train driver to stop the train at the next station. o If the open door creates an emergency situation that cannot be resolved without delay , the train attendant must operate the emergency brake . This requires an extremely thorough and considered decision, as using the emergency brake carries many dangers!
All door failures must be reported in writing and the fault
must be indicated on a "V" or "X" label as regulated in the HVU!
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Annex 10
to the Collective Agreement of MÁV_START Zrt. Special provisions for
employees employed in a scheduled passenger work schedule (tractor passenger)
Guided tour work schedule
§ 1
The uninterrupted work schedule is a specific method applied by the employer,
based on the main characteristics of the work schedule:
– the employee's obligation to work can be prescribed 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 can be divided unequally between the shortest working time that can be spent in one shift and 12 hours for each working day
, taking into account the provisions set out in the legislation on daily working hours,
rest periods, overtime and night work, driving time and
breaks between work and the Collective Agreement.
The following employees must be employed in a supervised traction passenger work schedule:
a) locomotive driver
b) locomotive driver trainee during supervised travel
c) multiple unit driver
d) multiple unit driver trainee during supervised travel
e) mechanical line inspector
f) FLIRT multiple unit driver
g) FLIRT multiple unit driver trainee during supervised travel
Employees providing towing services
§ 2
Employees employed in the following positions shall be considered as providing traction travel services :
– locomotive driver,
– locomotive driver trainee,
– mechanical line inspector
– multiple unit driver
– multiple unit driver trainee
– FLIRT multiple unit driver
– FLIRT multiple unit driver trainee
Appendixes to the Collective Agreement
§ 3
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In organizational units that also employ traction passengers, the employer,
the regional leader of the Locomotive Drivers' Union and the leaders of the member groups
agree on the
rules for traction passengers related to professional or local conditions for each location or service location (e.g. drop-off and pick-up
points, local standard times, regulation of local different circumstances, etc.). This agreement
is made part of the local appendix by the trade unions authorized to conclude the Collective Agreement with their signature
. The provisions of the local appendices of MÁV-TRAKCIÓ Zrt in force on 31 December 2013 shall apply to the application of the drop-off and pick-up points, local standard times, and technological and employment rules for traction passengers, unless otherwise agreed .
Check-in point for towing passengers (except for the mechanical line inspector)
3/A.§
The place of check-out is:
- at the vehicle after
the vehicle has been locked; - in the case of a personal change, at the place where the vehicle
is handed over; - in the case of a self-paid trip, at the vehicle used for the trip;
- in the case of vehicles without a master key, at the place where the key is handed over.
Master key vehicles: vehicles that
can be opened and closed with keys handed over to the train drivers; in such cases, the vehicle keys are not subject to handover
.
Modification of the working hours of employees employed in a scheduled travelling work schedule (tractor travelling)
§ 4
In the event of a modification of the working time schedule initiated by the employer and based on a written agreement concluded with the employee (KSZ 31.§ 2 b)), the employee
is entitled to an extraordinary transfer fee of HUF 2,500 per modified service.
The scope of the provision regarding the amount of the transfer fee also extends to employees holding
the position of locomotive supervisor and
external locomotive supervisor employed in the territorial passenger transport and traction directorates.
The originally announced working time schedule
may be modified a maximum of five times per month (affecting five services). The five occasions specified in this point do not include the
case according to KSZ 31.§.2.a) or if the modification of the working time schedule
was made due to Section 108.§.(2) of the Mt. and Section 11.§.(2) of the KSZ. This paragraph also does not apply
if the employee's planned service
is extended due to the emergence of work tasks or for other reasons. Any further modification of the working time schedule pursuant to Section 31.2.b) of the Employment Contracts Act shall be deemed to constitute an order for extraordinary work,
solely for the purpose of remuneration .
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The working time schedule may
also be modified in the event of extraordinary work ordered by the employer unilaterally , within the deadline set in Section 31, Point 1 of the KSZ, i.e. within seven days
.
Special provisions on working hours for employees performing towing services
§ 5
Waiting time is the period of time beyond the standard time at a turning or intermediate station within a service,
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.
The definition of a suitable rest room is governed by point p) of Section 26, Section 1 of the KSZ
.
The monthly absence hours of a towing passenger may not exceed 210 hours. A local appendix
may deviate from this amount.
(absence hours = working hours + waiting time) The duration
of preparatory and finishing work related to the work (e.g.
the time standards for the acceptance and handover of the train or towing vehicle) is set out in Annex 10/1 of the KSZ
, and the place of signing on and off duty
must be specified in the local appendix. The daily working hours may not be exceeded by these periods either. Provisions concerning
the time that an employee performing a towing service may spend on one shift : - the duty hour - taking into account the other provisions contained in this Section - must be planned for a period of at least 6 hours. The duty hour may not exceed 12 hours per day. (Mt.§99.(2) para.)
If the employee performing the travelling service started his/her service and it ended later than the predetermined time, the
period exceeding the original working time schedule shall be considered extraordinary work.
The shortest planned duration of the service of an employee performing the travelling service who exclusively forwards freight trains or
who forwards a freight train as the last train in his/her service according to his/her working time schedule (including the
on-board service immediately following the freight train service, or the
self-paid travel to the reporting location immediately following the freight train service)
shall be 9 hours. The shortest planned duration
of the service of employees performing the service on the station and traction depot reserve shall be
8 hours.
If, contrary to the previously planned, the forwarding of the train(s) in the services referred to above
actually requires less time than the hour set out in this point, the employee shall be required to remain at his/her workplace for the remaining time of the service and to perform other tasks related to his/her job
during this time .
The fact of the absence from duty
must be communicated to the employee immediately after the last train has departed.
Accounting for working time deficit
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§ 6
If the employee
fails to meet the employer's employment obligation within the working hours according to the schedule, he is entitled to basic salary for the working hours (standby time) lost due to this.
It is not considered a reason for an order if the trains according to the staff rotation are forwarded
in a shorter time.
If the employee's originally planned service or a given part of the service
is missed within 7 days, it is considered to be stand-by time as set out in this point.
If the employee has reported to work at the workplace or has started work at the start time according to his working hours schedule
, he is entitled to 110% of his basic salary for the duration of the missed service or part of the service
. Ordering stand-by time does not qualify as a change in the working hours schedule
. Stand-by time cannot be ordered in the last 30 minutes of the planned service.
Restriction on consecutive night
work for workers performing towing services
§ 7
Workers performing towing services
may be required to work a maximum of two consecutive nights. In this respect, night
duty is considered to be work if 3 hours of the duty falls between 22:00 and 06:00
.
Split working hours
§ 8
For employees employed on a managed travel schedule, split working hours
are not applicable.
Other provisions concerning regular working hours
§ 9
An employee employed in a scheduled travelling work schedule is entitled to travel time if
the place of commencement of his/her training and mandatory periodic examination or
the place of completion of his/her training and mandatory periodic examination is not the same as the
workplace(s) specified in the employment contract. The employee is entitled to 80% of his/her basic salary for the travel time.
The actual duration of the time spent on the mandatory training and periodic examination, but at least
six hours, shall be counted as working time. The employee is entitled to absence pay for
the necessary and certified duration of the periodic and extraordinary fitness medical examination requested by the employer
- up to the full working hours of the day. The employee is entitled to 80% of his/her basic salary for the period spent travelling in excess of this. If the hearing of the employee performing the task of a towing travelling worker pursuant to Section 39.§.5. b) of the Labour Code - subject to the provisions of the Labour Code - is not carried out in accordance with the provisions of the Labour Code, the employee shall be entitled to a leave of absence payment
for the necessary and certified duration of the periodic and extraordinary fitness medical examination requested by the employer - up to the full working hours of the day
. 99.§ – is not possible because the employee’s interview is justified for a longer period, then it may exceptionally take place on a day on which the employee is not required to work. In this case, the actual duration of the interview – but at least six hours –
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shall be considered as working time, and the travel time incurred in connection with the interview
shall be remunerated at 80% of the employee's basic salary.
Similarly, the time spent as a witness in the employer's interest
shall also be considered and accounted for as working time.
This rule shall not apply if the interview of the employee
takes place due to a culpable breach of a material obligation related to the employment relationship, as a result of which the employer terminates
the employee's employment relationship with immediate effect . In this case, the employee shall be entitled to a personal basic salary for the actual duration of the interview, and shall not be entitled to travel time or remuneration for it.
Overtime work
§ 10
For the purposes of Section 126 (1) of the Labour Code, the following shall be considered extraordinary work:
- work other than the working time schedule,
- work performed in excess of the working time frame,
- work performed on a rest day,
- work on a public holiday ordered as extraordinary work, and
- work ordered during standby,
- on-call work.
Based on the authorization contained in Section 135 (4) (d) of the Labour Code, the Employer is entitled to order extraordinary work not subject to statutory restrictions
for employees providing towing services, in addition to the cases specified in Section 108 (2) of the Labour Code, for the purpose of ensuring the uninterrupted provision of scheduled public services. In order to ensure the uninterrupted provision of the scheduled public service, overtime work may be ordered only for the duration of the scheduled passenger train operating as the last train of the given service to its destination, the subsequent crew change, decommissioning and check-out , provided that in this case the combined duration of the working hours within the service and the overtime work ordered for the uninterrupted provision of the scheduled public service may not exceed 13 hours. In the event that “work performed in excess of the working hours” is ordered as overtime work for employees employed in a scheduled travelling work schedule, the starting and ending times of the period (service) ordered as overtime work must be specifically determined when the working time schedule is communicated . If the employee performs the given service or part of the service, the remuneration for overtime work under the title of overtime work is due for the working time performed if the service or part of the service was actually performed in excess of the working hours. The amount of overtime includes all overtime. A certificate of overtime work does not need to be issued to a person employed on a scheduled passenger work schedule (tractor passenger).
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Remuneration for extraordinary work
§ 11
In the event of extraordinary work,
an employee employed in a scheduled work schedule is entitled to the following supplements in addition to his regular wage:
1 – 200 hours 50%
201 – 300 hours 150% An employee employed
in a scheduled work schedule is entitled to a supplement equivalent to 300% of the basic wage for extraordinary work exceeding
a maximum of 12 hours of working time in one shift . An employee employed in a scheduled work schedule is entitled to a supplement equivalent to 75% of the basic wage in the event of work ordered during standby. The relevant provisions of the Labour Code shall govern the remuneration of extraordinary work listed in subparagraphs c) and d) of point 1 of Section 40 , unless the rate of the special work supplement established in a band according to this Section is more favorable to the employee.
Readiness
§ 12
Different rules for ordering standby for employees employed as locomotive drivers (motor train drivers)
: Standby
for employees employed as locomotive drivers (motor train drivers)
may be ordered with the employee's prior written consent. Standby outside the home
may be ordered with the employee's written consent.
Standby for employees falling within the scope of this point may be ordered in writing simultaneously with the notification of the working time schedule
. Standby for a maximum of 16 hours may be ordered at a time in terms of the duration of the working time frame
. Work during standby
may not exceed 12 hours. The employee's
declaration of consent to ordering standby must be obtained for the relevant year.
The declaration of the possibility of ordering standby must be available prior to standby
. The employee may unilaterally withdraw his/her declaration of consent to ordering standby
in writing, up to the 15th preceding the relevant month.
Standby may not be ordered for a weekly rest day.
An employee employed on a scheduled traveling work schedule is entitled to
the remuneration due for work ordered while on standby from the time of the alert until the time of return to the place of standby .
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Break between work
§ 13
1. For employees employed in a scheduled travelling work schedule (tractor travelling), if the daily working time according to the schedule and/or the duration of extraordinary working time
that differs from the working time schedule a) exceeds six hours but does not reach nine hours by 20 minutes, b) exceeds nine hours, 25 minutes must be provided for the first break and 20 minutes for the second . (Mt.135.§ (4) para.) 2. The break must be provided outside working hours, by interrupting working hours. 3. Breaks must be designated in advance in the service descriptions as follows: - the first break must be provided after at least 3 hours and a maximum of 6 hours of work after the start of the service, - the second break – if the breaks are not provided in a consolidated manner – must be provided after 6 hours of work. The second break must be given at least 30 minutes before the start of the reporting time. In those services in which, due to technological reasons, the second break cannot be given at least 30 minutes before the start of the reporting time, based on the authorization of Section 135 (4) of the Railway Act - in order to ensure the smooth operation of railway transport - the break in the given service is 25 minutes in total. In this case, the employee is entitled to a flat-rate payment of HUF 700/service. - breaks - up to a maximum of 45 minutes - may also be given in aggregate, provided that technological conditions allow this. The aggregated break - in derogation from Section 103 (5) of the Railway Act, subject to Section 135 (4) of the Railway Act d) - may begin at least four hours after the start of the service and must end no later than eight hours after the start of the service. The order of the breaks cannot be changed and cannot be granted in several installments. 4. Failure to take a break shall be considered an extraordinary event. If the first break is not taken within the deadlines specified in the previous point (between 3 hours and 6 hours 25 minutes, or if the working time exceeds six hours but does not reach nine hours, then between 3 hours and 6 hours 20 minutes ), the missed break shall be paid at 175% of the basic wage . If the combined break is not taken within the deadlines specified in the previous point (between 4 hours and 8 hours), the missed break shall be paid at 175% of the basic wage.
If the second break cannot be granted due to an extraordinary work task,
the duration of the missed break shall be compensated at 175% of the basic wage, provided that the
employee has fulfilled his reporting obligation regarding the missed break
. The missed break
shall also be recorded in the On-board Equipment.
The working time record and the time statement list shall include the missed
break and its accounting. The application of this provision shall not
result in extraordinary working hours in itself.
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5. Conditions for taking a break during work shall be such that the employee
is guaranteed the opportunity to rest.
Each time interval designated for taking a break during work shall be such that the
employee, if he/she so wishes,
can leave the driver's seat in such a way that the
entire duration of the break is available to him/her, while complying with the technological and safety regulations applicable to work.
6. During a break during work, the employee is not obliged to work.
In an emergency, the employee is obliged
to comply with the employer's lawful instructions in accordance with the relevant regulations.
7. If the designated break during work cannot be used as planned,
the employee must immediately notify the locomotive supervisor or the locomotive controller by phone, indicating the reason
, who may subsequently
instruct the employee to take the break during work at a time that is different from the duty description
. However, the break
must also comply with the requirements listed in this Section in this case.
8. If the break cannot
be started at the previously designated time due to a train delay, but the employee is
still able to take the break until the start of the next work task, he or she must take the break.
9. It is prohibited to classify any period of time free from work as a break, except for those specified in the previous points,
retrospectively, or to reclassify a break recorded on the journey card but not issued
as a break, retrospectively and unilaterally. 10. Provision must be made for replacement personnel for the break if the break can only be granted in this way due to
technological processes. 11. Services exceeding 6 hours (from 6 hours 1 minute) must be planned for a duration of at least 6 hours 20 minutes (6 hours of working time and 20 minutes of break between work.) Services exceeding 9 hours 20 minutes (from 9 hours 21 minutes) must be planned for a duration of at least 9 hours 45 minutes (9 hours of working time and 45 minutes of break between work). The duration of education, examination, medical examination and the period of putting on work clothes must not be charged with a break between work. In the event of using a working time discount, the period to be settled must be reduced by the break between work, except in the case where absence under such a legal title was planned for the member of the interest representation organization when preparing and communicating the working time schedule .
Section 14 of the shift allowance
Employees employed in a scheduled traveling position are entitled to a shift allowance equivalent to 35% of the basic salary for the actual working hours
.
Compensation for working on public holidays
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§ 15
An employee employed in a scheduled travelling work schedule (tractor travelling) is entitled to an absence payment (point a
) of Section 68 of the Labour Code)
in addition to the wage for that day's work for the working hours performed during the period a) from
0:00 to 24:00 on the public holiday specified in Section 102 (1) of the Labour Code, b) from 0:00 to 24:00 on Easter Sunday, c ) from 0:00 to 24:00 on
Whit Sunday, d) from 18:00 to 24:00 on December 24 , and e) from 18:00 to 24:00 on December 31 .
Secondment of an employee performing a task of a traveling employee
and remuneration for travel time
§ 17
1. The reporting and reporting locations applicable to employees performing a posted traveling job
must be specified in a local appendix or in an employment contract,
as part of the work technology.
(The regulation of reporting and reporting locations in the local appendix – until further amendment – shall be governed by
the status as of June 30, 2012 or any amendments to the local appendix that have occurred since then .) 2. An employee is on a mission if he/she fulfills his/her reporting and/or reporting obligations outside the duty stations applicable to him/her in the local appendix or specified in the employment contract . Reporting also includes attendance at mandatory training, mandatory periodic exams and mandatory medical examinations. 3. An employee may, without his/her consent , be reported for work within the framework of a domestic posting only at a distance that does not exceed the distance between his/her place of residence and the reporting location that is furthest from it and is applicable to him/her, as specified in the local appendix or employment contract . In the case of a domestic posting, the employee's reporting location must be the same as his/her reporting location, except in cases where the employee has consented to a different reporting location. 4. The extent of a domestic posting may not exceed 70 hours of service per calendar year. A local appendix may deviate from this by a maximum of 100 hours, but in this case the employer shall not unilaterally apply the provisions of Section 53 of the Labour Code. 5. An employee is entitled to compensation for travel time if he/she is on a posting. The amount of compensation for travel time is 80% of the employee's basic salary. The employee is not entitled to a daily allowance for posting. 6. Travel time is defined as the time spent travelling outside of the daily working hours according to the schedule between the place of residence/stay and the place of check-in or check-out , including
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transfer, waiting for public transport after finishing work, and
the waiting time from the arrival of the public transport until the start of work.
The travel time is based on the distance between the place of residence/stay and the actual place of work at
1.5 minutes/1 km (flat rate).
A Budapest resident is
entitled to a flat rate of 60 minutes of travel time when travelling within the administrative borders of Budapest, while an employee residing in a city with county status
is entitled to a flat rate of 30 minutes of travel time within the administrative borders of the city with county status if he/she is on a business trip.
An employee on a domestic business trip is entitled to prove on an event sheet that he/she actually spent more time travelling than the
flat rate calculated above.
7. The distance measured by road that can be taken into account as the basis for ordering the posting (point 3) and for the remuneration of travel time must be determined based on the data
from www.utvonalterv.hu or – in the case of rail travel
– from the distance calculator at www.elvira.hu.
8. The posting must not cause disproportionate harm to the employee – in particular with regard to his/her position, qualifications, age,
health status or other circumstances
.
Reimbursement of expenses for towing passengers performing temporary foreign assignments at border crossings or on the line section between the national border and the common border crossing
§ 18
For towing passengers performing temporary foreign assignments at border stations or
on the line section between the national border and the common border station , not falling within the scope of trips authorized by the CEO, the rates set out in the instruction on the settlement of foreign exchange allowances for those performing temporary foreign assignments , effective on the day of the assignment , must be followed.
Reimbursement of travel expenses related to commuting to work
§ 19
In the case of employees working as a travelling locomotive operator
, the employer shall supplement the cost reimbursement pursuant to Section 65.§.1. a) and b) of the KSZ with a rate of 28 HUF/km.
The scope of this provision also extends to employees working as locomotive supervisors and external locomotive supervisors employed by regional
passenger transport and traction directorates
.
Clothing supply
§ 20
The rules for providing employees with clothing are contained in Annex 4 of the Collective Agreement
.
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Annex No. 10/A
to the Collective Agreement of MÁV-START Zrt.
Technological standard times for towing travelling personnel
I. The annex contains the standard times for technological operations that fall
between the beginning and end of the service of employees employed in the ordered travelling work schedule and that are performed by those employed in the towing travelling positions specified in point III. These standard times must be taken into account when planning the services and must be accounted for by those employed in the towing travelling positions. The standard times specified in this annex apply uniformly to all towing travelling personnel falling within the scope of point III. , regardless of which organizational unit they belong to. II. The types, types of standard times for technological operations and the procedure for determining them, and the standard times for the activities regulated in points 4.1 -4.12. may be determined in this annex to the Collective Agreement. The standard values for the activities specified in point 4.13. of this annex may be determined in the local appendices to the KSZ . Method of determining standard times: Standard times are determined jointly by the expert appointed by the Deputy Chief Operating Officer and the person appointed by the trade union(s) concluding the Collective Agreement and the Train Drivers’ Union – based on a joint standardization. The starting date of the application of the new standard times must be determined after consultation with the drafters of the long- and medium-term plans . The persons participating in the investigation are obliged to determine the standard time of the subject activities using a jointly accepted, suitable measuring instrument, in the shortest time suitable for performing the given activity. The parties are obliged to accept the result of the measurement. Standardization and modification of standard times may be initiated by any party concluding the Collective Agreement and the Train Drivers’ Union. The initiative may not be rejected if it was made due to a circumstance affecting the standard time (technology, location, transportation facilities, etc.). III. For those traction travelling jobs (to which the standard times apply) - locomotive driver (FEOR number: 84110001), - locomotive driver trainee (FEOR number: 84110002) - multiple unit driver (FEOR number: 84110004) - multiple unit driver trainee (FEOR number: 84110003) - FLIRT multiple unit driver - FLIRT multiple unit driver trainee IV. 4.1 Application for service (Instruction No. E 1 Part I, points 8.1. – 8.3.): 10 minutes 4.2
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In the event of a personal changeover (the replacing and replaced driver meet in person,
Section 9.3 of Instruction No. E.1, Part I), the actual changeover time (at most the standard time)
is granted to the replacing and replaced crew simultaneously. If the schedule requires a crew changeover in less than 5 minutes
, then Section 9.3.5 of Instruction No. E.1
shall be followed.
Station changeover standard times: 8 minutes
4.3.
If both a change of direction and a crew change become necessary (electric, diesel),
the time required for this shall be determined by summing the standard times given for each activity
.
4.4.
Commissioning and pre-service inspection of a decommissioned (locked) traction vehicle
(E 1. Instruction Part I, points 9.2., 9.4.):
Mk48
288 15 minutes
Mk45
318
328
438
448
478
117; 127 (Bz engine)
Diesel-electric train heater wagon 25 minutes
ÖBB 2016 20 minutes
408
418
628
136 (63-12)
416 (63-41)
426 (63-42) 30 minutes
460 20 minutes
430; 431; 432; 433
630
470 (or all versions of SZ 541, ES64U2 type locomotive)
ÖBB 1116
ÖBB 1014
477 (SNCFR EA040)
480
ZSR 750 25 minutes
ZSR, CD electric locomotives 30 minutes
434, 414;424 (BV, BDV, BVh mot).
415 (53-41)
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425 (53-42) 35 minutes
Railjet 40 minutes
RailJet (1116/80-90) other standard times:
Standard time for the operational test of train control equipment (with SBB INTEGRA, only
to be taken into account for the first commissioning on the day in question) 10 minutes
Standard time for the operational test of train control equipment (without SBB INTEGRA,
only to be taken into account for the first commissioning on the day in question) 4 minutes
If several vehicles are put into service, the standard time reduced by 5 minutes shall be calculated for each additional vehicle. If the locomotive driver puts into service a traction vehicle that he previously put out of service during his given service, the standard commissioning time shall be for all vehicle series. 10 minutes Commissioning of a multiple unit locked in parking mode per unit: 415 25 minutes 425 25 minutes 4.5. The standard time for train travel, changeover between two trains, brake test, and travel from train to traction yard - in consultation with the relevant partner service - shall be determined in the local appendix. The shortest mechanical turnaround times at reversing stations, if the traction vehicle does not have to go around: one single twin railcar 7 minutes two single Bz railcars 7 minutes 117 (Bz mot). + control car 7 minutes multiple twin railcars 10 minutes one single electric railcar 10 minutes shuttle train (117 (Bz), MD railcars also) up to 100 m 10 minutes shuttle train over 100 m (MD railcars also) 15 minutes multiple electric railcar 15 minutes one single 416 8 minutes two single 416 15 minutes 4.6. Remote control test: - after driving on a shuttle train: 20 minutes - after coupling two multiple unit trains served by one driver: 15 minutes 4.7. Preheating and precooling time shall be determined according to Section 4.2.4 of Instruction E.12. 4.8.
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If the service ends with a personal changeover, the provisions of point 4.2
shall apply.
4.9 .
If there is a greater distance between the place of changeover and the place of check-out, the standard times according to point 4.13.4
shall apply.
4.10.
Putting a towing vehicle out of service at the end of the service per vehicle (E.1. Instruction
Part I. 11.2., 11.4. points): 5 minutes
- closing a shuttle train or multiple-unit train, if a change of direction is also necessary: 15
minutes
- one electric multiple unit 15
minutes
- each additional electric multiple unit 10
minutes
4.11.
Check-out (E.1. Instruction Part I. 2.6.4. point): 3 minutes
The standard check-out time begins:
- at the end of the vehicle closing;
- in the case of a personal changeover, after the handover;
- at the end of the cost journey;
- in the case of vehicles without master keys, when handing over the keys.
If, due to an accident or extraordinary event, the prescribed
standard time is not sufficient for the tasks to be performed
at the time of check-out, the time actually required can be counted based on the certification of the employer's representative. If the employer's representative does not dispute the extended check-out time by the end of the first shift following check-out
, this time
is considered certified.
4.12.
Direction change standard time : at a direction change station , in the case of the following vehicles served by a locomotive driver
, the duration of the mechanical operations necessary for the direction change
(if the towing vehicle does not have to go around), which also includes the duration of the software brake test
.
Towing vehicle type Standard time
Single unit 426
13 minutes
Single unit 415, 425 (5341, 5342),
8 minutes
Two-unit 415, 425 (5341, 5342) 11 minutes
Two- unit 426 (6342). 15 minutes Three-unit 415,425 (5341, 5342) 14 minutes
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Three unified 426 17 minutes
RailJet 14 minutes
Additional standard times for 415,425 (5341 and 5342) (for two units or
when two drivers are present)
Closure Direction
remains the same
10 minutes
Direction of travel changes
15 minutes
Separation 5 minutes
Auxiliary towing device Installation 20 minutes
Removal 15 minutes
In the event of three units being combined or separated, the standard time shall be increased by 5 minutes each.
When planning turns within a service, the standard time for changing direction according to 4.5 or 4.12 shall be increased by 5 minutes after every second consecutive turn or every 3 hours for health reasons. If, instead of the driver reporting for duty or reporting for duty , the tasks according to points 4.4 - 4.7. and 4.10. or part of them are performed by another employee with the appropriate driver's qualification as prescribed for drivers, then only the standard time corresponding to the activity actually performed may be counted for the former employee, and the standard time for the transfer of service between them shall be counted according to points 4.2. or 4.3 . All reasonable standard times shall be counted for the crew of a locomotive entering/exiting a turning (intermediate) traction yard . Depending on the time requirements of the activities prescribed in the operating rules, the standard time shall be established in the local appendix for those cases in which the driver does not report personally to the locomotive supervisor (E.1. Instruction Part I, Section 8.5.3.). All time standards for the crew of steam locomotives and boiler cars shall be determined in the local appendix - in accordance with the above principles. All prescribed technological operations shall be performed before the departure of the train even if the employer cannot ensure the standard time according to Sections 4.5. and 4.12. due to the train schedule . The driver of the towing vehicle shall not be held liable for the delay of the train resulting from the performance of the prescribed technological operations. 4.13. Technological operations to be standardized in the local appendices If standard times are established in more than one local appendix for a station, site or route , they shall be of the same value. The standard times for the following technological operations shall be recorded in the Local Appendices to the KSZ. The following definitions shall be used to clearly determine the standard times:
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4.13.1. Technical standard departure time : the time required for the towing vehicle
to travel from any point within the site (installation or acceptance point) to the train departure point
. It also includes the time required for coupling. It does not include the
time required for the brake test and the remote control test.
Between a site and a station – in the case of different distances – multiple, maximum four
standard departure time values can be specified. In the case of more than one time value, it must be indicated which
one should be used in which case. 4.13.2. Technical standard arrival time : in the case of a towing vehicle entering a site from a station, the time required for the towing vehicle to travel from the place of arrival of the train, starting from the arrival position of the towing vehicle, to any point on the site. It also includes the time required for uncoupling. It does not include the fuel collection time and the time to reach the fuel collection point. Between a site and a station - in case of different distances - several, maximum four, standard travel time values can be specified. In case of more than one time value, it must be indicated which one should be applied in which case. 4.13.3. Technical standard travel times : the time required from the arrival point of a train to transfer to the turning train assembly with the towing vehicle - until assuming the starting position . It also includes the duration of uncoupling and coupling. It does not include the duration of the brake test. A maximum of two standard travel and transfer time values can be specified for a station. In case of two time values, it must be indicated which one should be applied in which case. 4.13.4. 4.13.4.1. Standard travel times at the beginning and during the service: the time required to get from the reporting point to the towing vehicle or to the self-pay train. The journey can be made on foot or by means of transport. 4.13.4.2. Standard travel times at the end of the service : only in the case of vehicles without a master key, the travel time required from the vehicle to the place where the key is handed over. 4.13.5. Standard travel time to the accommodation : the duration of the journey from the towing vehicle's closing and handover point to the accommodation. This time is also valid for the journey from the accommodation to the place where the towing vehicle is put into operation or taken over. 4.13.6. Standard times related to fuel collection: Standard fuel collection time : the time required from the arrival at the fuel collection point with a diesel towing vehicle for the purpose of fuel collection to the departure from there.
duration for a towing vehicle. Fuel collection standard time excess : the additional time for entering and leaving the site due to fuel collection . It arises at sites where the fuel collection point is not in the way during entry and exit, therefore, in the case of fuel collection, getting to and from the collection point requires additional time for entry and exit. The standard times regulated in point 4.13.6. must be observed in the provisions of Part I. of Instruction E.1., points 11.1., 11.3., 11.4. 4.13.7. Other definitions:
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Shunting locomotives may only be handled in specific shunting locations and
for locomotive series in a local appendix for a maximum of 30 minutes if
maintenance-type activities are required on the locomotive between two machine inspections and
the conditions for their safe execution are given. The detailed rules of the activity must
be specified in the operating rules. The standard inspection time for the approaching locomotive must be established in the local appendix. The standard time for ordering repairs and inspections
must also be specified here . The time required and necessity for picking up, testing and returning vehicles equipped with portable radio equipment, service mobile phones and track telephones must be specified in the local appendix.”
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Annex 11
To the Collective Agreement of MÁV-START Zrt.
" Special provisions for employees employed in the regional vehicle insurance directorates and the railway vehicle repair organization (Szolnok)
Working hours
§ 1
The following employees employed in the regional vehicle insurance
directorates and the railway vehicle repair organization (Szolnok) must be employed within
a working time frame of at least two months (8 weeks): a) employees with two and multiple shifts,
b) employees with extended shift work,
c) employees with extended permanent daytime work,
d) drivers,
e) permanent daytime employees with flexible work schedules,
f) employees with uninterrupted work schedules .
In the local appendix, deviations of up to three months (12 weeks) may be made in all
positions.
In the case of a two or three-month working time frame, the working time must be allocated in accordance with the tasks
– for a period of one month – so that the difference in the amount of working time between two consecutive months,
even in the event of a modification of the working time schedule, may not
exceed 36 hours.
Transfer fee
§ 2
In the event of an agreement pursuant to Section 31, Section 2.b) of the KSz, the employee
is entitled to an extraordinary transfer fee of HUF 2,000 per modified shift.
Remuneration for extraordinary work
3.§
In the event of extraordinary work, the employee is entitled to
the following supplement in addition to his regular wage : 0 – 50 hours: 50% 51 – 150 hours: 75% 151 – 250 hours: 100% 251 – 300 hours: 120% The duration of all extraordinary work hours is included in the 300-hour extraordinary work period. The relevant provisions of the Labour Code shall govern the remuneration of extraordinary work listed in subparagraphs c) and d) of point 1 of Article 40 , unless the amount of the extra work supplement determined in a band according to this Section is more favorable to the employee.
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In the case of a multi-month working time frame, extraordinary
work beyond the working time frame must be determined and accounted for at the end of the working time frame applied.
All other extraordinary work must be accounted for in the month in which it occurs.
Rescue and restoration allowance
§ 4
1. An employee performing damage prevention and rescue work on a special assignment
is entitled to a supplement for the period from the alarm to 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 supplement set out in this Section if he
performs his damage prevention or rescue tasks on standby (on-call).
Night supplement
§ 5
If work begins between 05:30 and 06:00 - taking into account the commute
- the employee is not entitled to night pay for this period.
Night shift allowance
§ 6
If the night work of an employee employed under other work schedules (KSz § 29, point 1.2. sub-point i)
applies to at least two consecutive nights, but not more than five, the employee is entitled to a 60% shift supplement for the night shift
("owl shift").
If the start of work begins between 05.30 and 06.00 -
taking into account the commute - the employee is not entitled to a shift supplement for this period.
Special remuneration of a skilled worker for the education of a skilled worker-student
§ 7
Ha a középfokú nappali tagozatos szakképzésben részt vevő tanuló az évközi és nyári
gyakorlatát a szakirányának megfelelő végzettséggel és legalább két éves gyakorlattal
rendelkező személy mellett tölti el, a tanuló felügyeletét – külön megbízás alapján – ellátó
szakembert (patronáló munkavállalót) nevelő, oktató tevékenységéért, az ilyen tevékenységre
fordított idő arányában,
- egy tanuló felügyelete esetén alapbérének 12,5%-át,
- két tanuló felügyelete esetén alapbérének 25,0%-át
kitevő oktatási pótlék illeti meg, melyet a szakképzési hozzájárulás terhére a havi
munkabérével együtt kell a munkavállaló részére kifizetni.
1.
A gépjárművezetők elismerése
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9.§
A közúti gépjárművezetők részére a balesetmentes közlekedésért az alábbi jutalmakat kell
kifizetni:
250.000 km …… 15000 Ft
500.000 km …… 30000 Ft
1.000.000 km …… 45000 Ft
1.500.000 km …… 60000 Ft
Belföldi kiküldetést teljesítő munkavállaló utazási idejének díjazása
10.§
Ha az 1992. évi XXII. tv (Mt.) 105.§ (7) bek. szerint számított utazási idő a munkavállaló
munkaidő-beosztása szerinti munkaidőn kívül esik, az utazási időre a munkavállalót személyi
alapbére 80%-a illeti meg.
Vegyes rendelkezések
11.§
A jelen melléklet személyi hatálya nem terjed ki:
a) kocsivizsgáló
b) műszaki művezető
c) féklakatos
d) általános karbantartó (Balatonfenyves GV)
munkakörben foglalkoztatott munkavállalókra.
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11/1. számú melléklet
A MÁV-START Zrt. Kollektív Szerződéshez (a Bérruha szolgáltatási szerződés hatályba
lépésétől határozatlan időre)
Bérruha Szabályzat
1. Általános rendelkezések
Az új bérruha szolgáltatási szerződős hatályba lépésétől a jelen bérruha szabályzat területi,
személyi hatálya kiterjed a MÁV-START Zrt. Vasútijármű javítás, a Járműbiztosítási
igazgatóságok, az Átvétel- és Minőség-ellenőrzés és a Járműmérnökség szervezetek 11/2.-
11/4. számú mellékleteiben szereplő munkakört betöltő valamennyi munkavállalójára.
A bérruházati rendszer keretében, a MÁV-START Zrt. hatályos Munkavédelmi
Szabályzatában (továbbiakban: MVSZ) előírt védőruházatok egy része is biztosításra kerül. A
védőruházatra, és azok használatára vonatkozó általános szabályokat, feltételeket az MVSZ
tartalmazza.
A bérruha szabályzat időbeli hatálya megegyezik a MÁV-START Zrt. Kollektív
Szerződésének időbeli hatályával.
2. Jogosultság, viselési idő
A bérruhára az 1. pontban felsorolt szervezeteknél a 11/2.-11/4. számú mellékleteiben
szereplő munkakört betöltő munkavállalói kör jogosult. A bérruha rendszer bevezetésekor a
MÁV-START Zrt. alkalmazásában álló munkavállalók új készítésű ruhára jogosultak, a
munkakörbe ezt követően bekerülő munkavállalók ellátásakor már nem előírás az újonnan
legyártott ruházat biztosítása. A bérruha természetéből kifolyólag védőruházatként
funkcionál, ezért nincs kihordási ideje. Elhasználódás esetén a beszállítónak (a továbbiakban:
Szolgáltató) csere ruhát kell biztosítani a munkavállaló számára. Ez történhet:
- Egyéni védőruha esetén (mechanikai hatások ellen védő, lángálló, sav- lúgálló) a
védelmi képesség elvesztése esetén a munkáltató költségére, a csere automatikusan
megtörténik.
- Valamennyi típusú ruha esetén szolgáltatói hiba esetén díjmentesen. (Pl.:anyaghiba)
- A csere ruházat lehet új, vagy bekoptatott.
3. Ruházat igénylése, kiszolgáltatása
A ruhadarabok méretének meghatározása, megváltoztatása a munkavállaló egyetértésével
történhet.
A ruhaféleségek megfelelő minőségben történő biztosításáról, a szükséges jelzéssel történő
ellátásáról a Szolgáltató gondoskodik.
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Munkásnadrág esetében a munkavédelem előírásai határozzák meg, hogy az adott
munkakörben melyik típusú (melles, vagy derekas) nadrágot kell biztosítani. Amennyiben
mindkettő lehetséges, a munkavállaló dönt arról, hogy melyiket választja.
A munkavállaló méretadatainak helyességét igényléskor a Szolgáltató felülvizsgálja. Az
igényelt ruha munkakörhöz rendelt védelmi képességét és a méretszámot a munkahelyi
vezető, illetve az igényjogosult munkavállaló köteles ellenőrizni.
A munkavállaló testméretének lényeges változása esetén a munkavállaló értesíti a munkahelyi
vezetőjét és annak cserére vonatkozó engedélyével felkeresi az adott szervezet/Telephely
bérruha ügyintézéssel megbízott munkavállalóját (továbbiakban: ruhaügyintéző), aki
intézkedik a Szolgáltató felé a megfelelő méretű ruha biztosításáról és a nem megfelelő
méretű, valamint a nem megfelelő állapotú ruha visszavételéről.
A ruhaügyintéző értesíti a munkavállalót, aki az értesítésen megjelölt időpontban köteles
megjelenni a ruha átvételéért.
A ruha átvételekor a ruha tárolására rendszeresített szekrény kulcs, a bérruha rendszer
használatának szabályai is átadás-átvételre kerülnek.
Amennyiben a munkavállaló bizonyítottan a saját hibájából nem jelentkezik ruházatáért,
ruháját nem veszi használatba, a munkáltatói jogkörgyakorló köteles a munkavállalót a
további munkavégzéstől eltiltani.
4. Ruházat viselése, kárfelelősség
A munkavállalót a jogosultságának megfelelően a mellékletben meghatározott garnitúra
ruházattal kell ellátni.
A munkavállalót a részére kiosztott ruházatban keletkezett nem rendeltetésszerű használatból
eredő kár esetén az Mt. 179.§ 1. bekezdés, elvesztése esetén az Mt. 180. § szerint anyagi
felelősség terheli .
Valamennyi típusú ruha, valamennyi sérülése esetén sérülési jegyzőkönyvet csatolva nem
terheli a munkavállalót kártérítési kötelezettség, amennyiben a közvetlen munkahelyi vezető
nyilatkozik arról, hogy a munkavállaló részéről nem volt vétkes közrehatás a ruha
rongálódásában.
Fizetendő: A három éves rendszerbe állítási időből hátra lévő hónapok száma osztva 36-tal,
szorozva a ruha szerződés szerinti értékével. A munkavállalónak kérésre a ruhaügyintéző
tájékoztatást ad a kifizetendő összeg számszaki adatairól.
5. Jogosultság megszűnése
Munkakör változás esetén:
A munkavállaló a használatában lévő ruházatot a szervezet/Telephely bérruha ügyintézéssel
megbízott ügyintézőjének adja le, ha az új munkakörben nem jogosult bérruha ellátásra, vagy
más típusú ellátásra jogosult, vagy a használatában lévő ruhadarabok nem alkalmasak az új
munkakör ellátására. A ruházat leadásáról jegyzőkönyv készül.
Ha az új munkakörben bérruházatra jogosult, jelen szabályozás szerint kell eljárni.
Ha a munkavállaló munkaviszonya bármely okból megszűnik, a munkavállaló köteles
valamennyi használatában lévő ruházatával leszámolni (köteles a kilépési eljárás keretében
leadni azokat).
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6. Bérruhaként az alábbi ruhadarabok rendszeresítettek:
- póló
- dzsekis felső
- derekas vagy melles nadrág
7. Munkavállaló kötelezettségei
A védőruházattal kapcsolatos általános munkavállalói kötelezettségekről a MÁV-START Zrt.
hatályos MVSZ-e rendelkezik.
A bérruházati rendszerből adódó további munkavállalói kötelezettségek:
Munkavállaló köteles
a) az általa használt ruhát hetente a munkáltatónál elhelyezett tárolóban mosás céljára
átadni,
b) a ruhában természetes elhasználódás folytán beállt hibákat jelenteni
(Ruhaügyintézőnek),
c) a ruha megrongálódását, sérülését, megsemmisülését (ideértve annak elvesztését is)
haladéktalanul jelenteni – a szervezet/Telephely ruhaügyintézéssel megbízott
munkavállalójának – kártérítési kötelezettség mellett. A jelentési kötelezettség
elmulasztása a kártérítési mentesség elvesztését vonja maga után.
d) a ruha tárolására szolgáló helyét, helyzetét változatlanul hagyni,
e) a méretvétel alapján számára átadott ruházatban semmiféle átalakítást sem tenni. .
Munkavállaló köteles a rá irányadó munkaidő kezdetét megelőzően a tároló szekrényben
elhelyezett ruhát felvenni (kivételt képez a póló viselése) és rendeltetésszerűen használni.
Munkavállaló a munkaidő alatt kizárólag a részére kiutalt munkaruhában tartózkodhat. A
munkavállaló csak a részére kiszolgáltatott ruházatban teljesíthet szolgálatot, amelynek
szabályszerű viselését a közvetlen vezetője köteles ellenőrizni.
A fentiek megsértése esetén a munkáltatói jogkörgyakorló kötelezi munkavállalót a
munkaruha használatára. Amennyiben munkavállaló a munkaruháját nem veszi használatba,
munkáltatói jogkörgyakorló köteles a munkavállalót a további munkavégzéstől eltiltani. Az
eltiltás hatálya alatt álló munkavállaló köteles a munkavégzés helyét/telephelyet
haladéktalanul elhagyni, ezen időszak fizetetlen, igazolt távollétnek minősül.
Munkavállaló nem jogosult a munkaruha személyes célú használatára. A munkavállaló a
munkaruhát a kiküldetés kivételével a Telephelyen kívül nem használhatja, haza nem viheti.
Mivel a bérruha a Szolgáltató tulajdonát képezi, a szerződésszegéssel okozott kárért a
munkavállaló felel.
A b)-d) pontok esetén a felelősség megállapításával jegyzőkönyvet kell felvenni és a
munkavállaló részére a használhatatlanná vált (eltűnt), megsemmisült ruházat helyett újat kell
kiszolgálni. Amennyiben a rongálódás a munkavállalónak felróható, a javítási költség a
munkavállalót terheli.
A munkavállalónak fel nem róható javítási költséget a MÁV-START Zrt. viseli. Kisebb
javítási munkákat a mosoda a mosás alkalmával elvégez. Ezért előfordulhat, hogy a ruha nem
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kerül vissza a mosásra való elviteltől számított egy héten belül a munkavállalóhoz (pl. gomb
felvarrás, vagy kisebb javítás).
Amennyiben a ruházat gyártáshiba miatt használhatatlanná válik, vagy a munkavállaló részére
kiadott ruházat használhatatlanná válik, jegyzőkönyv felvétele mellett be kell vonni, a
munkavállaló részére újat kell biztosítani.
8. Bérruházat mosatása
A ruhák rendben tartását (mosatás, elszakadt ruhák varratása, ruhák javítása) a munkáltató a
Szolgáltató útján szerződés keretében biztosítja. A Szolgáltató minden héten egy alkalommal
a szennyes ruhát elszállítja a mosodába és a tiszta mosott ruhát pedig visszahelyezi a
munkavállaló szekrényébe. Amennyiben a szállítás napja változik, a munkáltató értesíti a
munkavállalót. A szekrények elhelyezkedéséről a munkáltató tájékoztatja a munkavállalókat.
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11/2. számú melléklet
A MÁV-START Zrt. Kollektív Szerződéséhez
Az egyes munkakörökben biztosítandó munkaruha (bérruha) a vasúti járműjavítás
szervezeténél
FEOR Munkakörök Szervezet
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Szellemi Garnitúra db/fő
31160005 Emelőgép ügyintéző VJJ 3 5
36230045 Eszközgazdálkodási előadó II. (G) VJJ 3 5
13120007 Főmérnök VJJ 3 5
29100440 Gyakornok VJJ 3 5
14190020 Gyártástervezés vezető VJJ 3 5
31390019 Gyártástervező I. VJJ 3 5
21390034 Gyártástervező II. VJJ 3 5
21180008 Jármű főkonstruktőr VJJ 3 5
21180017 Járműkonstrukciós szakértő I. VJJ 3 5
29100493 Logisztikai szakértő VJJ 3 5
31390016 Metrológus I. VJJ 3 5
31390017 Metrológus II. VJJ 3 5
31160003
Műszaki átvevő-munkafelvételi
előadó
VJJ 3
5
21390048
Műszaki átvevő-munkafelvételi
szakelőadó
VJJ 3
5
31160004
Műszaki átvevő-munkafelvételi
szakea.(fh)
VJJ 3
5
21180004 Műszaki szakértő II. VJJ 3 5
14190022 Műszaki szolgáltatás vezető VJJ 3 5
31610016 Művezető I. VJJ 3 5
21390051 Művezető II. VJJ 3 5
36390007 Normatechnológus előadó II. VJJ 3 5
41310003 Raktározási előadó VJJ 3 5
31610007 Raktárvezető VJJ 3 5
13120005 Termelési egység vezető VJJ 3 5
31610019 Termelésirányítási koordinátor I. VJJ 3 5
31610020 Termelésirányítási koordinátor II. VJJ 3 5
21390049 Termelésirányítási koordinátor III. VJJ 3 5
31610021
Termelésirányítási koordinátor III.
(fh)
VJJ 3
5
21390036 Területi infrastruktúra koordinátor VJJ 3 5
21180020 Üzemi mérnök I. VJJ 3 5
2019.01.01-től hatályos egységes szerkezetben
Oldal 133 / 140
21180018 Üzemi mérnök II. VJJ 3 5
31590001 Üzemi programozó VJJ 3 5
31390018 Üzemi technikus VJJ 3 5
21180023 Üzemi vezetőmérnök VJJ 3 5
13120010 Vasútijármű javítási igazgató VJJ 3 5
31610013 Vasútüzem vezető VJJ 3 5
31150004 Vegyésztechnológus I. VJJ 3 5
21170002 Vegyésztechnológus II. VJJ 3 5
31150003 Vegyésztechnológus II. (fh.) VJJ 3 5
31630004 Védelmi szakelőadó I. VJJ 3 5
29100475 Védelmi szakelőadó II. VJJ 3 5
Fizikai Garnitúra db/fő
83290004 Alkatrész mosóberendezés kezelő I. VJJ 3 5
83290003 Alkatrész mosóberendezés kezelő II. VJJ 3 5
92390001 Általános betanított munkás VJJ 3 5
75290006 Általános karbantartó I. VJJ 3 5
75290004 Általános karbantartó II. VJJ 3 5
92390002 Általános segédmunkás VJJ 3 5
73210011 Betanított járműlakatos VJJ 3 5
73230002 CNC megmunkáló VJJ 3 5
81510001 Csapágyöntő VJJ 3 5
79190003 Csapágyszerelő VJJ 3 5
73310007 Dízelmotor szerelő VJJ 3 5
81520003
Egyéb felület előkészítő,
szemcseszóró VJJ 3
5
73410008 Elektroműszerész VJJ 3 5
73410003 Elektronikus berendezés műszerész VJJ 3 5
75290007 Épület karbantartó VJJ 3 5
73210004 Féktechnikai lakatos VJJ 3 5
73230005 Forgácsoló I. VJJ 3 5
73230004 Forgácsoló II. VJJ 3 5
52540002 Főrendész VJJ 3 5
83290005 Gépkezelő I. VJJ 3 5
83290006 Gépkezelő II. VJJ 3 5
73210007 Géplakatos I. VJJ 3 5
73210005 Géplakatos II. VJJ 3 5
73250004 Hegesztő I. VJJ 3 5
73250003 Hegesztő II. VJJ 3 5
83290001 Hegesztőrobot kezelő VJJ 3 5
73210008 Jármű szerkezeti lakatos I. VJJ 3 5
73210006 Jármű szerkezeti lakatos II. VJJ 3 5
91140006 Járműmosó-műhelytakarító VJJ 3 5
73310017 Járműszerelő betanított munkás VJJ 3 3 5
73410012 Járművillamossági szerelő I. VJJ 3 5
73410009 Járművillamossági szerelő II. VJJ 3 5
73410015 Klímaszerelő I. VJJ 3 5
73410016 Klímaszerelő II. VJJ 3 5
2019.01.01-től hatályos egységes szerkezetben
Oldal 134 / 140
84120004 Kocsirendező VJJ 3 5
83290007 Könnyűgépkezelő VJJ 3 5
73330001 Kötöttp. motor, erőátv.ber.szerelő VJJ 3 5
81520002 Műanyag bevonó VJJ 3 5
83290008 Nehézgépkezelő VJJ 3 5
92230005 Raktárkezelő VJJ 3 5
52540001 Rendész VJJ 3 5
72320002 Számítógépes matrica készítő VJJ 3 5
73220001 Szerszámkészítő VJJ 3 5
73210009 Szerszámlakatos VJJ 3 5
84250002 Targoncavezető (VJJ) VJJ 3 5
84190005 Telepi vasúti járművezető VJJ 3 5
84190006 Telepi vasúti járművezető gyakornok VJJ 3 5
84190002 Tolatásvezető VJJ 3 5
84190003 Tolópad kezelő VJJ 3 5
73260002 Tűzikovács VJJ 3 5
72210003 Vasúti jármű asztalos I. VJJ 3 5
72210002 Vasúti jármű asztalos II. VJJ 3
75290008 Vasúti jármű csőszerelő I. VJJ 3 5
75290005 Vasúti jármű csőszerelő II. VJJ 3 5
73270005 Vasúti jármű fényező I. VJJ 3 5
73270004 Vasúti jármű fényező II. VJJ 3 5
72240003 Vasúti jármű kárpitos I. VJJ 3 5
72240002 Vasúti jármű kárpitos II. VJJ 3 5
73310012 Vasúti járműszerelő I. VJJ 3 5
73310009 Vasúti járműszerelő II. VJJ 3 5
73410013 Villamos motortekercselő I. VJJ 3 5
73410010 Villamos motortekercselő II. VJJ 3 5
73410006 Villamos próbatermi diagnosztikus VJJ 3 5
73410011 Villamosgép szerelő VJJ 3 5
75240002 Villanyszerelő VJJ 3 5
75210002 Víz-gázszerelő VJJ 3 5
79190004 Vontató jármű üzembehelyező I. VJJ 3 5
79190002 Vontató jármű üzembehelyező II. VJJ 3 5
2019.01.01-től hatályos egységes szerkezetben
Oldal 135 / 140
11/3. számú melléklet
A MÁV-START Zrt. Kollektív Szerződéséhez
Az egyes munkakörökben biztosítandó munkaruha (bérruha)
a Járműbiztosítási igazgatóságokban
FEOR Munkakörök Szervezet
v
éd
ő
ru
h
a
m
ec
h
a
n
ik
a
i
h
a
tá
so
k
e
ll
en
(d
er
ek
a
s
n
a
d
rá
g
,
d
zs
e
k
i)
sa
v
-,
l
ú
g
á
ll
ó
v
éd
ő
ru
h
a
lá
n
g
á
ll
ó
v
éd
ő
ru
h
a
p
ó
ló
Szellemi Garnitúra db/fő
41310005
Anyag- és eszközgazdálkodási
előadó
JBI 3 5
29100479
Anyag- és eszközgazdálkodási
koordinátor
JBI 5
36230049
Anyag- és eszközgazdálkodási
szakelőadó
JBI 3 5
31610015 Gépészeti diszpécser JBI 3 5
29100440 Gyakornok JBI 3 5
21370009 Integrált irányítási szakértő I.(ter.-i) JBI 3 5
21180016 Jármű reszortos JBI 3 5
13120009 Járműbiztosítási igazgató JBI 3 5
13120011 Járműbiztosítási igazgató (Bp.) JBI 3 5
21180026 Járműbiztosítási vezetőmérnök JBI 3 5
41900015 Karbantartási előadó JBI 3 5
41900016 Karbantartási szakelőadó JBI 3 5
36390017 Műszaki előadó JBI 3 5
31610009 Műszaki művezető JBI 3 5
31390014 Műszaki szakelőadó JBI 3 5
21180003 Műszaki szakértő I. JBI 3 5
21180004 Műszaki szakértő II. JBI 3 5
21180030 Műszaki támogatás koordinátor JBI 3 5
31610016 Művezető I. JBI 3 5
41310003 Raktározási előadó JBI 3 5
31610007 Raktárvezető JBI 3 5
21180032 Részlegvezető JBI 3 5
13210039 Telephelyvezető JBI 3 5
41900013 Tisztítási átvevő I. JBI 3 5
41900014 Tisztítási átvevő II. JBI 3 5
21180020 Üzemi mérnök I. JBI 3 5
21180018 Üzemi mérnök II. JBI 3 5
2019.01.01-től hatályos egységes szerkezetben
Oldal 136 / 140
21180027 Vonatelőkészítési vezető JBI 3 5
Fizikai Garnitúra db/fő
73410014 Akkumulátor kihordó, telepkezelő JBI 3 5
83290004 Alkatrész mosóberendezés kezelő I. JBI 3 5
83290003
Alkatrész mosóberendezés kezelő
II.
JBI 3 5
92390001 Általános betanított munkás JBI 3 5
75290006 Általános karbantartó I. JBI 3 5
75290004 Általános karbantartó II. JBI 3 5
92390002 Általános segédmunkás JBI 3 5
73310013 Balesetelhárító járműszerelő I. JBI 3 5
73310006 Balesetelhárító járműszerelő II. JBI 3 5
73210010 Betanított féktechnikai lakatos JBI 3 5
73410003 Elektronikus berendezés műszerész JBI 3 5
73210004 Féktechnikai lakatos JBI 3 5
73230005 Forgácsoló I. JBI 3 5
73230004 Forgácsoló II. JBI 3 5
73250004 Hegesztő I. JBI 3 5
73250003 Hegesztő II. JBI 3 5
91140007 Járműmosó-műhelytakarító (JBI) JBI 3 5
73310017 Járműszerelő betanított munkás JBI 3 5
73310011 Járműszerelő I. JBI 3 5
73310008 Járműszerelő II. JBI 3 5
73310016 Járműszerelő III. JBI 3 5
73310018 Járműszerelő IV. JBI 3 5
84120001 Külsős mozdonyfelvigyázó JBI 3 5
79190001 Laboráns JBI 3 5
73340002 Mechanikai műszerész JBI 3 5
83290008 Nehézgépkezelő JBI 3 5
73230006 Padló alatti kerékesztergályos JBI 3 5
92230005 Raktárkezelő JBI 3 5
84170001 Tehergépkocsi vezető JBI 3 5
84120005 Telepi rendező, váltókezelő JBI 3 5
84190005 Telepi vasúti járművezető JBI 3 5
84190006
Telepi vasúti járművezető
gyakornok
JBI 3 5
73270005 Vasúti jármű fényező I. JBI 3 5
73270004 Vasúti jármű fényező II. JBI 3 5
73310010 Vegyi elhárító járműszerelő JBI 3 5
2019.01.01-től hatályos egységes szerkezetben
Oldal 137 / 140
11/4. számú melléklet
A MÁV-START Zrt. Kollektív Szerződéséhez
Az egyes munkakörökben biztosítandó munkaruha (bérruha) meghatározott irányítási
szintű szervezetben
FEOR Munkakörök Szervezet
v
éd
ő
ru
h
a
m
ec
h
a
n
ik
a
i
h
a
tá
so
k
e
ll
en
(d
er
ek
a
s
n
a
d
rá
g
,
d
zs
ek
i)
sa
v
-,
l
ú
g
á
ll
ó
v
éd
ő
ru
h
a
lá
n
g
á
ll
ó
v
éd
ő
ru
h
a
p
ó
ló
Szellemi Garnitúra db/fő
21180034 Hegesztési koordinátor Járműmérnökség 3 3 5
21180024 Hegesztési szakértő Járműmérnökség 3 3 5
21370016 Hegesztési felügyelő ÁME 3 3 5
31350002 Minőségellenőr I. ÁME 3 5
31350001 Minőségellenőr II. ÁME 3 5
21370003
Minőségellenőrzési
koordinátor
ÁME
3 5
31160002 Műszaki átvevő I. ÁME 3 5
21180012 Műszaki átvevő II. ÁME 3 5
21370016 Anyagvizsgáló mérnök ÁME 3 5
31150004 Üzemviteli szakelőadó II. ÁME 3 5
*Megjegyzés: (ÁME) Átvételi és Minőség-ellenőrzés Szolnok S95362 szervezet
munkaköreire értendő
2019.01.01-től hatályos egységes szerkezetben
Oldal 138 / 140
12. számú melléklet
A MÁV-START Zrt Kollektív Szerződéséhez
A helyi függelékben szabályozható kérdések
A helyi függelékben szabályozható kérdések különösen:
1.§ A HF megkötése
Tartalma: A helyi függeléket a munkáltató nevében a munkáltató jogkörgyakorlás szerint
elhatárolt szervezeti egység vezetője, a munkavállalók nevében a Kollektív Szerződést
megkötő szakszervezetek helyi szervezetei kötik meg.
Hivatkozás: KSz 4.§
2. § A HF hatálya
Tartalma: A helyi függelék személyi hatálya kiterjed a szervezeti egységre, mint munkáltatóra
és annak valamennyi munkavállalójára. Nem terjed ki a személyi hatály a helyi függeléket
kötő szervezeti egység vezetőjére.
A Helyi Függelék időbeli hatálya megegyezik a Kollektív Szerződés időbeli hatályával.
Hivatkozás: KSz 4.§
3.§ A HF megkötése, módosítása, felmondása
Tartalma: A KSZ kötésére jogosult felek által gyakorolható jog
Hivatkozás: KSz 3-4. §
4. § A HF közzététele
Tartalma: A HF megismertetésének helyi módja, formái
Hivatkozás: KSz 5. §
5. § A szakszervezetek helyi infrastrukturális támogatása
Tartalma: a helyiségek használatára vonatkozó megállapodás, illetve a használatra átengedett
tárgyi eszközök megnevezése
Hivatkozás: KSz 8.§
6. § A helyi érdekegyeztetés rendszere
Tartalma: A helyi érdekegyeztető tanács vagy munkaértekezlet
Hivatkozás: KSz 12. §
2019.01.01-től hatályos egységes szerkezetben
Oldal 139 / 140
7. § A munkavégzés helye
Tartalma: Lehetőség azon munkakörök felsorolására, ahol a munka természetéből eredően a
munkavégzés szokásosan a telephelyen kívül történik. Ezen munkakörökben a fel-és
lejelentkezés helyének a meghatározása.
Hivatkozás: KSz 14. §
8. § Az egészségre ártalmas munkakörök, készenléti jellegű munkakörök
Tartalma: Az egészségre ártalmas munkakörök, illetve a készenléti jellegű munkakörök
meghatározása
Hivatkozás: KSz 27.§
9. § Munkaidőkeretek
Tartalma: A járműbiztosítási igazgatóságok és a vasúti járműjavítás szervezetében (Szolnok)
a helyi függelék legfeljebb háromhavi munkaidőkeretet határozhat meg
Hivatkozás: KSz 11. számú melléklet
10. Az egy szolgálatban eltölthető rendes munkaidő mértékének meghatározása
Tartalma: Készenléti jellegű munkakörök esetében a munkavállaló szolgálatának hossza -
helyi függelék eltérő rendelkezése hiányában – legfeljebb 24 óra lehet. Osztott munkaidő
alkalmazása esetén az egy szolgálatban eltölthető munkaidő a 12 órát csak helyi függelék
rendelkezése alapján haladhatja meg.
Hivatkozás:KSz 30. és 37.§
11. Az állandó nappalos munkavállalók munkaidő beosztásának szabályai
Tartalma: A hét utolsó napján irányadó munkaidő meghatározása. Munkakörök kötetlen
munkarendűvé minősítése
Hivatkozás: KSz 32.§
12. Az utazó szolgálatot ellátó munkavállalók munkaidejére vonatkozó külön
rendelkezések
Tartalma: Helyi függelék a várakozási idő és a távolléti idő KSz-ben meghatározott
mértékétől eltérhet, meghatározhatja a fel-és lejelentkezés szabályait.
Hivatkozás:KSz 33.§
13. Osztott munkaidő
Tartalma: Helyi függelék rendelkezhet az utazó és a zavartalan közlekedést biztosító
munkakörökben a napi munkaidő megszakításáról és annak feltételeiről
Hivatkozás:KSz 37.§
14. Ügyelet esetén a pihenés feltételeinek meghatározása
2019.01.01-től hatályos egységes szerkezetben
Oldal 140 / 140
Content: According to the rest conditions for split working hours
Reference: KSz § 43
§ 15. Break between work
Content: Possibility
to determine the duration of the break between work, the place of taking it and the start and end times (wider interval), and to combine them
Reference: KSz § 44 § 16. Daily rest time and weekly rest days
of mobile workers and workers on a shift work schedule
Content: Possibility to determine the daily rest time of employees at least 8 hours
, or to combine weekly rest days and regulate their issuance differently from KSz
.
Reference: KSz 46.§
17. Determination of the conditions of work in cold and hot environments
Content: The employer
must keep a record of those working in working conditions harmful to health and the applied work organization procedure in the local appendix
, and the local procedure for granting rest time must be regulated in the local appendix
Reference: KSz Annex No. 1 18. Special provisions
concerning the employees of the Passenger Catering Center providing travel services
Content: Based on the authorization of the Collective Agreement and point d) of paragraph 4 of the Act on the Labour Code,
special employment rules may be regulated in the local appendix
Reference: KSz 25.§ The issues that may be regulated in the local appendix are otherwise governed by the provisions of points 2-3 of Section 4 and point 2 of Section 51 of the KSz .
