CMNT_TITLE

Hungary

Labour Inspection Convention, 1947 (No. 81) (RATIFICATION: 1994)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (RATIFICATION: 1994)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Functions of labour inspectors in the area of freedom of association. The Committee takes note of the adoption of the Employment Supervision Act in 2020, which replaces the 1996 Labour Inspection Act, as well as of Government Decree No. 115/2021 on the activities of the employment supervisory authority. The Committee notes that the legislation does not expressly provide for the competence of the labour inspectorate in the area of freedom of association. The Committee notes that according to the information provided by the Government in the Individual Case Discussion by the Committee on the Application of Standards (CAS) in 2022, on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Treatment Authority was replaced by the Commissioner for Fundamental Rights as of 1 January 2021. The Commissioner for Fundamental Rights took over all the responsibilities of the Equal Treatment Authority, including its administrative powers. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Noting the legislative amendments, the Committee requests the Government to indicate whether the employment supervisory authority is entrusted with supervision and/or enforcement powers in relation to freedom of association. The Committee reiterates its request that the Government provide statistical information on relevant enforcement activities in practice, including, where applicable, information on the number of inspections, complaints made, subjects covered, and penalties imposed.

Articles 4 and 11 of Convention No. 81 and Articles 7 and 15 of Convention No. 129. Organization of the labour inspection services and allocation of sufficient budgetary resources for their effective functioning. In its previous comments, the Committee noted the integration of the labour inspection and occupational safety and health (OSH) units within the metropolitan and district administrative authorities (appointed as regional labour authorities) and requested the Government to provide information on how it is ensured that sufficient budgetary resources are allocated for labour inspection units as a result of their integration into the metropolitan and district administrative authorities. The Government indicates in its report that, as of 1 March 2020, the special function of district offices operating through county capitals has ceased and that the county government office exercises functions and authority (e.g. occupational safety duties) with county competence. It also indicates that the Minister of Innovation and Technology continues to exercise professional management of occupational supervisory authorities operated by both capital and county government offices. With respect to the budget allocation, the Government indicates that sufficient budgetary resources are provided from the budget of capital and county government offices to organization units carrying out official employment supervisory activities. In this respect, it indicates that when the government offices were set up, the operating budget of labour inspection organizations was integrated with the budget of government offices. The Committee requests the Government to continue to provide information on the organization and functioning of the labour inspection services and to provide detailed information on the amounts that are deemed sufficient budgetary resources, and the allocation of those resources for the effective functioning of the labour inspection services.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. System for the enforcement of administrative penalties. The Committee notes that the framework for the sanctioning regime applicable on the basis of the procedure of the employment supervisory authority is set through the Occupational Safety Act, the Sanctions Act, the Employment Supervision Act, the Government Decree No. 115/2021 and the Code of General Administrative Procedure. The Government indicates that the legislation regulates the applicability of the penalties, the overall amount of the imposable fine, as well as the gradation of fines, based also on discretionary criteria (for example repetition of infringements). The Government also indicates that the new regulation of the employment supervisory authority assigns priority to managing the infringement of informal employment. It adds that for the failure to pay wages, the tax authority is competent to enforce administrative decisions in accordance with the Code of General Administrative Procedure. The Committee requests the Government to indicate how it is ensured that penalties of labour law violations are effectively enforced.The Committee also requests the Government to continue to provide detailed information indicating the number of labour law violations identified, the nature of such violations (wages, working time, occupational safety and health, and others), as well as the number of penalties imposed and the amount of fines paid.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the activities of the labour inspection services. The Committee notes with interest thatthe annual reports on labour inspection activities for 2012-2020 were communicated to the Office with the Government report. The Committee notes that the reports contain information on the staff of the labour inspection service (Article 21(b)) of Convention No. 81 and Article 27(b)) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) of Convention No. 81 and Article 27(c)) of Convention No. 129); statistics of inspection visits (Article 21(d)) of Convention No. 81 and Article 27(d)) of Convention No. 129); and statistics of violations and penalties imposed (Article 21(e)) of Convention No. 81and Article 27(e)) of Convention No. 129). However, the Committee notes that the report does not contain information on statistics of occupational accidents (Article 21(f)) of Convention No. 81 and Article 27(f)) of Convention No. 129); and statistics of occupational diseases (Article 21(g)) of Convention No. 81 and Article 27(g)) of Convention No. 129). The Committee requests the Government to continue to regularly publish and communicate to the ILO the annual labour inspection reports and to ensure that they include all the information required by Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Capacities of labour inspectors to carry out effective inspections in the agricultural sector. The Government indicates that one of the priorities of the National Occupational Health and Safety Policy (NOHSP) adopted in 2016, is strengthening the professional conditions of the integrated occupational safety authority, and that for inspectors of the occupational safety authority, agriculture is one of the prioritized sectors. The Government indicates that the Department for Occupational Safety of the State Secretariat for Employment Policy of the Ministry for Innovation and Technology supports the occupational safety activities of government offices with the publication of methodological guidelines, professional recommendations and information materials, the holding of consultations and the evaluation of professional work, including with reference to agricultural work in particular. Furthermore, it organizes the training of government officials involved in the occupational safety activities of Government offices. In this respect, the Committee notes that the internal textbook entitled “Occupational Safety in Agriculture” was completed in 2021 for occupational safety inspectors, which is also used in training. The Committee requests the Government to provide information on whether the training provided to labour inspectors regarding occupational safety in agriculture, touches upon specific issues relevant to the sector, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.