1. EEA Citizens
Since 1 January 2009, the employment of EEA citizens and their family members are not subject to any permits. However, the employer is obliged to notify the competent labour centre on the employment of EEA citizens. It is worth noting that the fulfilment of the notification obligation is not a pre-requisite of the establishment of employment relationships or the commencement of the activity performed on the basis thereof. The fulfilment of the notification obligation has actual significance in terms of labour inspection.
2. Non-EEA Citizens
By comparison with the citizens of the EEA, non-EEA citizens, namely the citizens of third countries – except for statutory exceptions – can only be employed in Hungary on the basis of a work permit or an EU Blue Card.
3. Statutory exceptions
As statutory exceptions, no work permit is necessary on the one hand to the employment of refugees, protected or resorted persons and persons having immigrant or resident status, and on the other hand to the employment of persons having the right of freedom of movement and residence. Besides, No. 445 of 2013 Government Decree on the Authorization of Employment of non-EEA citizens in Hungary (“Decree”) lists the employment forms in the framework of which the citizens of third countries can perform work without a work permit.
4. Work permit
According to the Decree the following work permits may be issued:
- General work permit;
- Permit issued without the analysis of the labour market situation;
- Seasonal agricultural permit.
The competent authority will issue the general work permit only if the below conditions are fulfilled:
- The employer has a valid manpower request in respect of the position to be filled by the potential foreign employee;
- No Hungarian citizen or other person having the same rights and obligations as Hungarian citizens in line with Act IV of 1991 on Job Assistance and Unemployment Benefits (i.e. refugees, protected persons, resorted persons, persons having immigrant or resident status and persons having the right of freedom of movement and residence) who is registered as a jobseeker and have the necessary qualifications for the respective position, has been directed by the labour authorities to the employer;
- The potential foreign employee has the necessary qualifications for the respective position.
5. EU Blue Card
EU Blue Card is also sufficient for the lawful employment of citizens of a third country.