- 11. 2020.
The National Assembly authorized the Government (by Act CIX of 2020) to lay down specific provisions due to the emergency situation starting from 11. 11. 2020.
No interim municipal elections can be set until the day after the end of the emergency period and the already scheduled elections will be missed. National and local referendums will also be missed, and even the collection of signatures will be suspended.
Government decrees related to the measures already announced on Facebook have also been issued. According to these, the provisions from 11. 11. 2020 until 11. 12. 2020 are the following:
Curfew between 8pm and 5am. Everyone has to get home by 8pm. During the curfew, you are allowed to stay outside in the following circumstances:
– in the event of a situation threatening damage to health, danger to life or serious harm, and for the purpose of protecting life;
– for the purpose of work (this must be substantiated by an official document);
– for transport to and from the place of work (to be certified);
– competetitive athletes for the purpose of training, participation in a sporting event, or for travel to or from there (this must also be substantiated by an official document);
– dog walking within 500 meters of the residence (dog runners can be closed by the local authority).
Catering shops, factory canteens:
The restaurants are not allowed to receive guests, guests can only stay at the restaurant for the purpose of picking up food for takeaway – only for the time necessary for this.
This does not apply to the workplace canteens; restaurants / bars or to places of accomodation (hotels, pensions, guest houses, etc.); to canteens / buffets of educational establishments if only staff and students are served there, and to restaurants / buffets of health care establishments.
The administrative burden of home delivery is reduced by the Government (see below) and taxi drivers can be involved in the task.
Shops may be open from 5 am to 7 pm. During the off-season (7 am to 5 pm) period only those who work there can stay in the shops, the lotteries, and the national tobacco shops.
This rule does not apply to pharmacies, petrol stations and catering shops, which may be open as normal.
Other than the employees, only guests arriving for business, economic or educational purposes, as well as persons placed in the service of the Hungarian Armed Forces and law enforcement agencies and seconded health workers may stay in these places. However, they are also not allowed to use the leisure facilities there.
Events, ceremonies, gatherings:
– It is forbidden to hold almost any event or gathering, including cultural events (ie. public events requiring personal artistic performance or providing a cultural service in the presence of the public), sporting events, private events, Christmas fairs, events providing music services as a main service.
– A music service provided by means of a cultural event or a live performance that is broadcast online and that only performers and technical staff are present at the venue of the event does not qualify as an event.
– Ceremonies of religious communities may be held at the discretion of the religious community (however, the Government requests that the related rules of conduct be determined in accordance with the general rules.)
– Private and family events (such as birthdays) can be held with up to 10 people.
– Funerals can be held for up to 50 people.
– Weddings can be held without a wedding party, however, only the head of the ceremony / registrar, the couple, their witnesses, parents, grandparents, siblings and children can be present at the event.
– Sports matches must be held behind closed gates, there can be no spectators.
– The practice of individual outdoor sports – especially running, walking, cycling – is allowed in public areas, in public places (places that are open to everyone but not considered public areas), and on outdoor sports fields.
– However, the practice of team sports, especially football, hockey, handball, basketball, volleyball, is prohibited. But this provision does not apply to the trainings and sports events of competitive athletes, as competitive athletes cannot be restricted in this activity.
No one can stay at the places of leisure activities except those employed there
– venues for all branches of performing arts (especially theater, dance, music, circus)
In the movie theatres
– gyms and fitness rooms
– swimming pools, public baths
– on ice rinks
– in a zoo, or game park
– in adventure parks and amusement parks
– in a playhouse
– in a museum, library, image and sound archive, public cultural institution, community arena, integrated cultural institution.
An exception to the above is the competitive athlete, as he can use the ice rink, swimming pool, training and fitness room, sports facility for training and sports events.
Most of the above is a well-defined concept, but I wondered what the “gym and fitness room” meant. I have found the meaning of the gym: “a larger room designed for exercise with various gymnastic equipment, the use of which is mostly paid for”. Fitness is “a lifestyle that puts good physical fitness, the development of lasting performance of the heart, lungs and blood circulation, a healthy lifestyle and an aesthetic appearance at the forefront.” The fitness room is where we develop these.
– Nurseries, kindergartens and primary schools are open for grades up to the 8th grade of primary schools as usual, special institutional protection measures are determined by the principal. The territory of these institutions can be entered by the employees who enter to perform maintenance and repairs in order to fulfill a statutory obligation (eg. inspectors); the pupils and accompanying people, 1 adult per child, wearing a mask. The accompanying person can only enter the premises up to the body temperature measuring point. All of these people can only enter if their body temperature does not exceed 37,8 degrees Celsius. If the student’s body temperature is higher than this, he or she should be isolated and a parent or legal representative be notified by telephone.
– In secondary education, a digital work schedule will come into force from the 9th grade.
– Dormitories of secondary schools operate according to the decision of the school principal.
– Universities and colleges are switching to digital work schedule, but on the initiative of the Principal, the Minister responsible for higher education may grant an exemption. Institutions that do not belong under the authority of the Minister of higher education may be granted an exception by the Minister that is authorised to grant such exceptions.
– The dormitories of higher education institutions will be closed, exceptions to this may be established by the Principal. Residence may be permitted, in particular, for students from abroad, as well as for those quarantined in the dormitory.
– Workers in hospitals, schools, kindergartens, nurseries and those working in social institutions should be tested weekly.
Except for children under the age of 6, everyone is required to cover their mouth and nose with a mask:
– on public transport and in the waiting rooms;
– in the inner area of a settlement with a population of more than 10.000, in a public area or public place designated by the local government (except during sports activities and in parks or green areas);
– when shopping in the store or working in the store;
– in the area of the shopping centers (except for offices, sports facilities and business premises);
– in the visitor hall of the archives;
– during reception hours in the customer area of public administration bodies and post offices;
– in all other premises where customer reception takes place for the purpose of administration and where there regularly are more than 5 people present at the same time, including those employed there;
– in restaurants, cafes, bars and other catering businesses for both employees and guests;
– everyone in health care facilities (exception: the patients that are not required to wear a mask in the hospital);
– in the case of direct contact between the staff and the cared-for of social institutions or if they are within 1,5 meters to one another, and for the cared-for when staying in public areas.
The operators and managers of such places are obliged to ensure the observance of the mask wearing rules and they can take measures and apply sanctions against the violators.
A surcharge must be paid on the public transport by the offender of these rules, and if the passenger refuses to comply with the rules despite being instructed to do so, he or she must be excluded from the trip, police action must be initiated and he/she must be removed from the vehicle.
In other places (such as shops, other premises), the offender should be excluded from the visit and care should be taken that he / she leaves the area.
Out-of-store and parcel trade:
For the time of the emergency period, out-of-the-shop commercial activities may be carried out for the purpose of supplying the public without notification and registration on the basis of a contract concluded with a catering business or a business selling daily consumer goods. This activity can be carried out by the catering shops (restaurant, cafes, bars) and by the shops selling daily consumer goods.
The range of marketable products: daily consumer goods (including food), products sold within the framework of catering activities.
Parcel delivery trading may be supplied to the public in the emergency period without notification and registration, but they do not have to enter into a contract with a catering shop or shop.
However, travel events cannot be organized for customers for product demonstration purposes.
If this activity is carried out by a road passenger transport service provider, the Government Decree on the carriage of passengers by road for hire or reward in the course of its activities under this contract shall be carried out in accordance with Government Decree 176/2015. (VII. 7.) and the regulations specified by the local government decree shall not apply.
All other services and services not mentioned above (such as hairdresser, masseuse, personal trainer) may work business-as-usual under the curfew rules.
The Hungarian Armed Forces are also involved in the implementation of emergency measures, as they take care of the protection of certain designated facilities, as well as participating in the control of the observance of emergency measures and provides public patrols.
If the police become aware of a violation of the emergency regulations during their own or a soldier’s inspection, they may impose a fine of HUF 100.000,- to HUF 1 million on the operator and close the scene for at least 1 day and a maximum of 1 year. Closure cannot be applied to an educational institution. Sanctions may be applied several times and together within one day. Fines and closures can be avoided if the site operator or the organizer, or their employees, have instructed the offender to leave and notified the police after the offender has failed to do so. If the application of these measures is only partially followed, that will be taken into account when determining the level of sanctions. The decision imposing a fine cannot be appealed and must be paid to the account number provided by the police within 15 days of the decision becoming final.
The offender is punished with a minimum of HUF 5.000 HUF and a maximum of HUF 500.000 HUF. The amount of the on-site fine ranges from HUF 5.000 HUF 150.000 HUF. In case of repeated offenses it can be max. HUF 200.000.
The body or person performing a public task may request the acquisition of the necessary equipment for prevention (eg. medical device, personal protective equipment) by the State Health Care Center, if it could not be obtained or could only be obtained at a disproportionately expensive cost.
Now that we know what we are allowed and not allowed to do, let’s see what rebates, allowances and discounts the Government has decided on!
Tax and contribution reductions:
For the month of November, those pursuing certain activities as actual main activities:
– do not have to pay social security contributions for those employed
– do not have to pay the vocational training contribution;
– be exempted from the obligation to pay a rehabilitation contribution on a pro rata basis for one month, with no further advance to be paid in 2020
– do not have to pay KIVA for the amount of personal payments.
These activities are:
TEÁOR 5610 Restaurant, mobile catering
TEÁOR 5621 Event catering
TEÁOR 5630 Beverage service activities
TEÁOR 5914 Film screening
TEÁOR 8230 Organization of conferences and trade shows
TEÁOR 8551 Sport and leisure training
TEÁOR 9001 Performing Arts
TEÁOR 9002 Activities auxiliary to the performing arts
TEÁOR 9004 Operation of arts facilities
TEÁOR 9102 Museum activities
TEÁOR 9104 Operation of a plant-, zoo-, nature conservation area
TEÁOR 9311 Operation of sports facilities
TEÁOR 9312 Sports association activities
TEÁOR 9313 Physical exercise service
TEÁOR 9319 Other sports activities
TEÁOR 9321 Amusement park and amusement park activities
TEÁOR 9329 Other entertainment, leisure activities.
TEÁOR 9604 Service for improving physical well-being (but only if it complies with the rules of Decree 37/1996. (X. 18.) NM on the public health conditions for the establishment and operation of public baths.)
Actual main activity: the activity from which the taxpayer or a small business taxpayer, received the most revenue in the 6 months preceding the entry into force of the Regulation (ie from May to October), but at least 30% of its revenue.
– The condition for taking advantage of the discounts is that the taxpayer fulfills the obligation to pay wages according to the employment contract already in force on the day of 11. 11. 2020 and the employment contracts will not be terminated by mutual agreement, termination or immediate termination in november 2020.
– The exemption is granted if the taxpayer otherwise would have dismissed the employee in view of the emergency situation and the taxpayer notifies the tax authority of his claim for the exemption.
So this benefit is no longer automatic, it must be applied for separately (but the good news is that it can be used together with other benefits, provided that the benefit accumulated in this way does not exceed 100 of the wage costs of the employees concerned for the employer.
All documents relating to the grant must be kept for ten years after the grant decision.
Job-retaining wage subsidy:
Those pursuing the listed activity as their main activity may also receive a job-retaining wage subsidy for the month of November 2020 as follows.
The employer may be granted 50% of the employee’s gross wage as subsidy under the labour market program, if
– the worker is in an employment relationship on the last day of the subsidized period, and
– the employer pays the employee’s wage.
The application must be submitted to the capital and county government office (Labor Center) of the employer’s registered office, site. The Labor Center will decide on the award of the subsidy within 8 working days.
This may also be used in conjunction with other benefits, subsidies or grants, but only as long as their accumulated sum does not exceed 100% of the wage costs.
Records need to be kept for 10 years in these matters also.
Support for accommodation services
If the actual main activity is
TEÁOR 5510 Hotel services
TEÁOR 5520 Holiday and other temporary accommodation services
TEÁOR 5530 Camping, campsite services
TEÁOR 5590 Other accommodation services
If the establishment is registered with the National Tourist Information Center (NTAK), the state reimburses 80% of the net revenue of accomodation services that were booked and registered in the NTAK. registry until 11. 08. 2020.
The condition for this is that
– the accommodation provider maintains the employment of employees employed on the day of November 08. 11. 2020. until the end of November,
– the accommodation provider pays the wages of the employees, and
– the calculation of the amount to be reimbursed shall be based on registered bookings covering a period of 30 days from the entry into force of this Regulation (until 10. 12. 2020)
The detailed rules of this – state aid under Article 107. (1) of the EU Treaty – will be published in a separate government decree, but it is worth reading the 485/2020. (XI.10.), as it contains the criteria for the classification of the aid and a precise description of its calculation.
Travel discount for healthcare workers
From 11. 11. 2020 people in the following categories may use the long-distance and local public passenger transport services free of charge without purchasing a ticket: doctors, dentists, pharmacists, people with other higher health professional qualifications, people with health professional qualifications and health professional qualifications involved in health care activities, people who does not have such qualifications but who is involved in the control of the coronavirus pandemic. Students participating in medical and health science training who are involved in the control of the coronavirus pandemic.
For justification of such a role, a document needs to be presented that is issued by the health care institution in accordance with 486/2020. (XI.10.), a certificate that was issued in accordance with the annex to the Government Decree and which proves the identity of the holder. Medical students must also present a certificate proving their student status.