Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Hungary (Ratification: 1994)

The Committee notes the report of the Government for the period from 31 May 1996 to 31 August 1998.

1. The Committee requests the Government to provide information on the application of the following articles of the Convention:

Article 14. The Committee notes the indication of the report that on 1 January 1998 a total of 388 labour safety and health inspectors were conducting inspections, of whom 61 were women. The Committee recalls the indication in the Government's report under Convention No. 81 for the period from 1 June 1995 to 31 May 1997, that labour inspectorates in the counties employed 326 inspectors, and this number was expected to rise to 425 by 31 December 1997; and that the number of inspectors in the National Labour Inspectorate ("OMMF") across the country totalled 220 in 1996. The Committee asks the Government to indicate: (i) the total number of labour inspectors in Hungary; (ii) their distribution among different inspection services and different counties; and (iii) the measures taken or envisaged in order to increase the number of labour inspectors.

Article 21. Please indicate what measures have been undertaken or are envisaged in order to increase the frequency of inspection visits.

Article 27. Please indicate what measures have been undertaken or are envisaged in order to include the statistics of occupational diseases, including their causes, in the annual general reports on the work of the labour inspection in Hungary.

2. The Committee further requests the Government to provide further information on the following points:

Article 8, paragraph 1. Please provide the description of the status and conditions of service of the inspection staff, indicating how stability of employment, independence regarding changes of government, and protection from improper external influences are assured.

Article 20, paragraph (a). Please indicate what procedure shall be followed by labour inspectors where there is any direct or indirect interest in enterprises under their supervision (disclosure of interest, abstaining from conducting inspections, etc.).

Article 20, paragraph (b). Please indicate the duration of the requirement that labour inspectors not reveal any manufacturing or commercial secrets or working processes after leaving the labour inspection service.

Article 20, paragraph (c). Please indicate how persons making complaints to the labour inspectorate under this provision are protected under Act I of 1977 on reports and complaints in the public interest, and the duties of labour inspectors in this regard.

Article 26, paragraphs 1 and 3. The Committee asks the Government to indicate whether the 1995 annual general report, transmitted by the Government, was officially published, and what is the procedure for access to such report by an interested party.

Article 26, paragraph 2. The Committee asks the Government to indicate the time-limits for the publication of the annual general report.

Part III of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

3. The Committee asks the Government to provide clarification in respect of the following:

Article 1. Please indicate whether laws or regulations specifically define the term "agricultural enterprise".

Article 2. Please indicate whether the legal provisions enforceable by labour inspectors include arbitration awards and collective agreements upon which the force of law is conferred.

Article 5, paragraph 3. The Committee asks the Government to indicate to what extent effect is proposed to be given to the provisions of the Convention in respect of the categories of persons referred to in Article 5, paragraph 1, of the Convention.

Article 6, subparagraph 1(c). Please indicate the provisions of the national legislation that require labour inspectors to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit to it proposals on the improvement of laws and regulations.

Article 6, paragraph 2. The Committee asks the Government to indicate whether national legislation concerning labour inspectors in agriculture confers advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families.

Article 9, paragraph 1. Please indicate the specific provisions of the national legislation which set forth requirements for the positions of labour inspectors.

Article 11. Please indicate whether national laws or regulations provide for the possibility of association in the work of inspection of technical experts or specialists in a situation requiring a very specific knowledge or very special skills that are beyond the knowledge or skills of the general inspection staff.

Article 12, paragraph 1. The Committee asks the Government to indicate the specific arrangements made by the competent authority in order to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities.

Article 13. Please indicate the specific arrangements made in order to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Article 15, subparagraph 1(a). The Committee asks the Government to provide specific information in respect of the number of local offices, their equipment and accessibility to all persons concerned.

Article 15, subparagraph 1(b). Please indicate the total number of the office cars at the disposal of the National Labour Inspectorate and the average number of inspectors per car.

Article 16, subparagraph 1(a). Please indicate whether labour inspectors are empowered to enter workplaces freely at any hour of the day or night.

Article 16, subparagraph 1(b). Please indicate under which provision of the national legislation the labour inspectors are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection.

Article 16, subparagraph 1(c)(i). Please indicate under which provision of the national legislation labour inspectors are empowered to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.

Article 16, subparagraph 1(c)(ii). Please indicate under which provision of the national legislation labour inspectors are empowered to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, and to copy such documents or make extracts from them.

Article 16, subparagraph 1(c)(iii). Please indicate under which provision of the national legislation labour inspectors are empowered to take or remove for purposes of analysis samples of materials and substances used or handled.

Article 16, paragraph 2. The Committee asks the Government to indicate whether the legislation sets forth a specific prohibition for labour inspectors to enter the private home of the operator of the undertaking.

Article 16, paragraph 3. Please indicate which provision of the national legislation gives effect to this provision.

Article 18, paragraph 4. The Committee asks the Government to indicate in what manner effect is given to this provision in respect of defects that do not present imminent danger to health or safety.

Article 19, paragraph 1. Please describe the procedure of notification to the National Labour Inspectorate of industrial accidents (period of notification, required information, etc.) as well as to indicate the cases in which it shall be notified of occupational diseases and a description of the procedure of such notification.