Conferences by EELA partner ERA

- Hungary

Violation of privacy rights may not have impact to the validity of the termination of employment

An employee (later as plaintiff) was entitled to a laptop with restricted private usage in his employment. During an internal investigation the employer discovered that the employee stored a concerning amount of pornographic content on this laptop which then he intentionally destroyed together with his work-related data. His employment was terminated with immediate effect. The employee referred to his right to privacy and to the Hungarian Data Protection’s standard practice according to which the content stored on company devices did not form the property of the employer. The Hungarian Curia established in its decision no. 311/2015 that in this case all employment courts must focus solely on the breach of employment obligation. If the employee finds that his privacy rights were violated, he may enforce his claims under another legal title but such claim has no impact to the validity of the termination of employment.

- Lithuania

The employer shall pay a non-compete compensation to current employees if he wants to limit them from working for a competitor during their employment.

Following the latest case law of the Supreme Court of Lithuania (held on 12 Feb 2016) it is not enough to state that an employee cannot work for a competitor during their employment. It is necessary to pay compensation in order for the non-compete obligation to be legally enforceable owing to the nature of such obligation being merely an agreement not to compete, which in any case must be onerous.