Hiring Non-EU Drivers in Hungary: How Can Employers Prove No Suitable Local Candidates?

Hiring Non-EU Drivers in Hungary: Proving No Suitable Local Candidates #

When a Hungarian employer wants to hire a non-EU driver, they generally need to demonstrate that there are no suitable Hungarian or EU candidates available for the position. This process is designed to protect the domestic labor market while still allowing companies to fill essential roles when local talent is insufficient.

General Process and Requirements #

Here’s a breakdown of how employers typically prove the lack of suitable local candidates in Hungary:

1. Job Advertisement:
   • The employer must first advertise the job vacancy through the appropriate channels. This usually involves registering the position with the National Employment Service (Nemzeti Foglalkoztatási Szolgálat, NFS).
   • The job posting must include a detailed description of the job duties, required qualifications (including any specific licenses like Code 95), salary, and working conditions.
   • The advertisement period is generally a minimum of 15 days to allow sufficient time for local candidates to apply.
2. Candidate Evaluation:
   • The NFS will screen Hungarian and EU citizens registered as job seekers to identify potential candidates who meet the job requirements.
   • The employer is required to review the applications of candidates referred by the NFS and provide feedback on why they are or are not suitable for the position.
   • Reasons for rejection must be objective and job-related (e.g., lack of required experience, qualifications, or licenses).
3. Documentation:
   • The employer must maintain detailed records of the recruitment process, including:
     • The job advertisement
     • The list of candidates who applied
     • The reasons for accepting or rejecting each candidate
     • Any communication with the NFS
   • This documentation serves as evidence that the employer has made a genuine effort to find a suitable local candidate.
4. Labor Market Test:
   • The labor market test is conducted by the relevant authorities (typically the NFS or the immigration office) to assess whether there are suitable Hungarian or EU/EEA citizens or residents with the same qualifications for the job.
   • The test considers factors such as the number of registered job seekers with the required skills, the prevailing wage for the position, and the specific requirements of the job.
5. Permit Application:
   • If the labor market test is negative (i.e., no suitable local candidates are identified), the employer can proceed with applying for a work permit and/or visa for the non-EU driver.
   • The application must include all the documentation related to the recruitment process and the results of the labor market test.

Specific Considerations for Drivers #

• Code 95: A key requirement for professional drivers in the EU is the Code 95 certification, which confirms that the driver has completed the necessary training and qualifications. Employers must verify that non-EU drivers either possess a valid Code 95 from an EU member state or are eligible to obtain one in Hungary.
• Language Skills: Depending on the job requirements, Hungarian language skills may be necessary. If the job involves communication with customers or dispatchers in Hungarian, the employer can justify rejecting candidates who do not meet the required language proficiency level.

Where to Find More Information #

• National Employment Service (Nemzeti Foglalkoztatási Szolgálat – NFS): The NFS website provides information on job vacancies, labor market regulations, and the process for hiring foreign workers. You can typically find relevant information on the NFS website.
• Immigration Office (Bevándorlási és Menekültügyi Hivatal): The immigration office is responsible for issuing work permits and visas to foreign nationals. Their website provides detailed information on the application process and requirements.
• EU Immigration Portal: The EU Immigration Portal offers general information on immigration policies and procedures in the EU member states, including Hungary.

Important Notes #

• Changes in Regulations: Immigration and labor laws can change, so it’s crucial to consult the latest official sources and seek legal advice to ensure compliance.
• Burden of Proof: The burden of proof lies with the employer to demonstrate that they have made a genuine effort to find suitable local candidates.
• Transparency: The recruitment process must be transparent and non-discriminatory.

By following these steps and maintaining thorough documentation, Hungarian employers can demonstrate that they have complied with the regulations for hiring non-EU drivers and that there are no suitable local candidates available for the position.