The National Election Committee, acting within its competence as laid down in Section 90/A (4) a), Section 99/K (5) a), and Section 124/A (3) a) of Act C of 1997 on Electoral Procedure (hereinafter Ve.), issues the following

resolution

.

According to Ve. Section 21 (4),"The members of the election committee shall be exempt from their work obligation prescribed by law on the day following the vote, and shall be entitled to an average wage for this period, which shall be paid by the employer. The employer may request reimbursement of the wage due to the member of the election body from the election office operating alongside the election committee, or in the case of a vote counting committee, from the local election office, within five days of the vote."

The provision of the Ve. applies to members of the election committee who are in an employment-like legal relationship, and accordingly, the rules of Act XXII of 1992 on the Labor Code (hereinafter: Mt.) must be applied, which is also the background rule for several status laws - Act XXXIII of 1992 on the legal status of public employees; Act XXIII of 1992 on the legal status of civil servants.

The term "average wage" in Ve. Section 21 (4) corresponds to the "average earnings" regulated in the Mt. in terms of its function, therefore the exact amount of the average wage for the day following the vote must be calculated according to the provisions of the Mt.

According to the quoted provision of the Ve., the employer may request reimbursement of the wage due to the member of the election body from the given election office. The Ve. therefore clearly uses the term average wage, which is the same as the average earnings, and does not include the various contributions payable by the employer.

Budapest, 16 July 2008

Dr. Péter Szigeti
President of the National Election Committee