Employer’s duties regarding the employment of foreign citizens
1, Application for employment and residence permit – labor application
In case of an employment of a non-EU citizen, work and residence permit are required. These documents can be applied within the framework of a combined application procedure if the employee stays for purpose of employment upon 90 days within a 180-day period in Hungary.
A permit is also required for the employment if the non-EU citizen stays in Hungary for the purpose of employment for no more than 90 days within a 180-day period. In special cases (employing Serbian and Ukrainian workers in skills shortages) the application is not part of the combined application procedure.
In the above cases, the employer must report the employment relationship to the authorities as well and attach the proof of the submission to the application package during the combined application procedure.
The combined application procedure can be initiated by a non-EU citizen:
– from abroad, at the Hungarian embassy
– at the territorially competent immigration office
2, Notification duty after a completed work and residence permit:
Employers have additional obligation to report the following cases to the Immigration Office:
- starting date of the employment (within 5 days of receiving the work and residence permit)
- cancellation of an employment (within 5 days of receiving the work and residence permit)
- termination of the employment during the validity period of the work or combined permit
- internal company transfer inside the European Union for a period within 90 days.
The following data must be provided during registration:
- employer data
- employee’s personal data
- residence permit number
- employment data
In the case of a transfer within the company that does not exceed 90 days, in the case of working in Hungary:
- employee personal data
- the planned duration of the work transfer within the company
- employer’s data
3, Control duties:
Employer must check, if a non-EU citizen employee has a valid work and residence permit on the first working day of the employee at the latest.
4, Retention duties:
Employer must keep copies of the valid work and residence permit regarding a non-EU citizen during the entire period of employment.
- Employment of a non-EU citizen without a permit, subject to notification:
In certain cases, non-EU citizens can be employed without a work permit, however they are still subject to the obligation to report. These cases are detailed in Section 15 of Government Decree 445/2013 (IX.28), just as the rules about the employment of Ukrainian or Serbian citizens in skills shortages.
Non-EU citizens employed by a residence permit for study purposes does not need an additional work permit, but their employment may be reported to the authorities under limited conditions.
Next to the above, employer’s reporting duties are the same as the data provision and storage tasks in case of EU citizens.
You can find further details about these duties in our previous article Employer’s duties in case of employing foreign citizens part 1. – BPiON.