Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Hungary (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Fixing and adjusting minimum wage levels. The Committee notes that following the introduction of a system of a single national minimum wage, the statutory minimum wage is now also applicable in agriculture. The minimum hourly and monthly pay rates for unskilled workers were last revised by Decree No. 316/2005(XII.25) and currently amount to HUF377 and HUF65,500, respectively. The Committee would appreciate receiving additional information as to whether and how the particular conditions characterizing the agriculture sector are taken into consideration in determining the statutory minimum wage within the National Conciliation Council.

Article 2(2). Payment of minimum wages in kind. The Committee notes the Government’s explanations concerning the conditions under which the general labour legislation permits the partial payment of wages in the form of goods or services. In this connection, the Committee recalls its previous comments made under Convention No. 95 and requests the Government to further specify how it is ensured in law and practice that the value attributed to the allowances in kind is fair and reasonable, as required under this Article of the Convention. The Committee once again draws the Government’s attention to paragraphs 92–160 of the 2003 General Survey on the protection of wages, which reviews relevant state practice and illustrates possible ways in which legislative conformity may be attained in this regard.

Article 5 and Part V of the report form. Practical application. The Committee notes that, according to the statistical information provided by the Government, 98,200 persons (representing 7.6 per cent of the national workforce) are employed in the agriculture, forestry and fisheries sectors. Their gross average wage stands at HUF102,796 per month and is ranking among the lowest sectoral average wages, while nearly 45 per cent of all agricultural workers are remunerated at the minimum wage rate. The Committee also notes that in the period 2002–05 around 8 per cent of all infringements observed by the Labour Inspectorate involved the breach of minimum wage rules and that no separate data for the agricultural, forestry or fisheries sectors are available. The Committee would be grateful if the Government would continue to provide up to date information concerning the application of the Convention in practice including, for instance, available statistics on the number of agricultural workers covered by relevant legislation, copies of any collective agreements establishing minimum wage rates for agricultural workers, inspection results showing the number of minimum wage-related offences and the sanctions imposed, official publications or studies dealing with the operation of the minimum wage system in the agricultural sector, etc.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.