The European Labour Authority is organizing a ‘Week of Action’ as part of its European campaign against undeclared work during the week starting on 21 September 2020. In the framework of this campaign, the following short summary was prepared to help employees check if their employment was lawfully declared and their employment is lawful in this respect.
In the course of its information activities, the labour authority has been asked several questions by employees concerning their options to check the lawfulness of their previous employment relationships by means other than the certifications relating to the termination of the employment relationship.
Previous employment relationships are listed in an easily understood manner, in chronological order in the document entitled ‘Certificate of Insurance and Health Insurance Benefits’. This certificate is also known as ’tb-kiskönyv’ (’social insurance booklet’).
According to Subsection (1) of Section 37 of Government Decree 217/1997 (XII. 1.) on the Implementation of Act LXXXIII of 1997 on the Services of the Compulsory Health Insurance System, at the time of entering into a relationship that is subject to compulsory insurance, the insured person shall hand over the form entitled Certificate of Insurance and Health Insurance Benefits (hereinafter referred to as “Certificate”) to the employer. At the time the insurance relationship is terminated, the employer shall make an entry in the Certificate concerning the termination and shall return the Certificate to the insured person on the day when the insurance relationship is terminated. Therefore, the previous employment relationships are listed in the Certificate.
Queries concerning employment relationships may also be sent via the Client Gateway. After logging in to the Client Gateway (Ügyfélkapu) at the website https://magyarorszag.hu and selecting ’Biztosítotti jogviszony lekérdezés’ under ’Összes ügyleírás’, the user is redirected to the website https://ugyfelkapu.neak.gov.hu/oepu/keret.jsp where the data is available. The employee can check every previously declared employment relationship, as well as the following details: name and registration number of the employer, duration of the employment relationship, FEOR (Hungarian Standard Classification of Occupations) number.
The results of the query can be downloaded to the computer or other data carriers. The employee can immediately report any differences in relation to the actual data electronically via the services platform.
If the employee finds that the declaration of their employment relationship was not declared to the authorities, they may lodge a complaint, in person or in writing, containing the name of the employer and the workplace, at the competent capital and county government offices (territorial labour authority) of their place of employment. The contact information of the capital and county government offices can be found on the following link: http://www.kormanyhivatal.hu/hu/elerhetosegek
Furthermore, the payment of the social security contributions related to the social insurance can also be checked via the Client Gateway, as follows:
If the employee does not have a registered Client Gateway, inquiries concerning the payment of the social security contributions by the employer may be sent to the competent tax directorate of their place of residence. Social security personal accounts may also be checked electronically.The extract of the social security personal account lists the amount of the declared pension contribution but does not show the name of the employer or the details of the employment relationship.The extract may be checked via the Client Gateway, as follows: