Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Hungary (Ratification: 1928)

Conditions for the eligibility for benefits. The rules on compensation in case of permanent incapacity or death are laid down in Act No. LXXXIII on mandatory health-care benefits of 1997 and Act No. CXCI on benefits due to persons with reduced working capacities of 2011. As of 1 January 2012, persons are eligible to receive a new flat-rate benefit in the framework of health insurance if they fulfil the following four conditions: (i) their health status is maximum 60 per cent on the evaluation basis; (ii) they have been insured for at least three years prior to the submission of the application; (iii) they do not perform remunerated work; and (iv) they do not receive any other cash benefits. The new system does not have a special category for the risk of disability due to accidents at work. The Government also states in its report that, upon discussing the report on the application of the Convention with the National ILO Council, the workers’ side considered the new three years’ qualifying period to go against the provisions of the Convention. The Government observed in this respect that Article 5 of the Convention is being given effect by Act No. LXXXIII and by Act No. CXCI mentioned above which, together, guarantee compensation for everyone in case of occupational accident.

With respect to condition (ii) above, the Committee wishes to observe that it is a long established principle of international social security law that benefits due in case of employment injuries shall not be subjected to qualifying periods even where the national social security systems do not differentiate between employment and other injuries. Neither this Convention to which Hungary is party, nor the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), which represents the most up-to-date international social security standard in the area of employment injuries, authorize such condition to be imposed. The Committee would therefore like the Government to indicate in its next report how it intends to give effect to this requirement of the Convention. With respect to condition (iii) above, the Committee wishes to observe that ILO standards do not preclude the victims of occupational accidents the possibility to use their remaining working capacity in order to complement their pensions with some earnings gained out of employment.

Finally, with respect to condition (iv) above, which prohibits the recipients of the employment injury benefit from receiving any other cash benefit, the Committee wishes to emphasize that the Convention permits the accumulation of employment injury benefits and other cash benefits and expressly requires another cash benefit to be paid to the injured worker in need of the constant help of another person. The Committee hopes that explanations of these guiding principles contained in international standards on compensation of employment injuries would help the Government to improve the protection of the victims of occupational accidents in national law and practice and adjust accordingly the new qualifying conditions for the flat-rate benefit under the health insurance introduced as from 1 January 2012.

The Committee is raising other points in a request addressed directly to the Government.