Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Labour Inspection Act, which entrusted labour inspectors, among other things, with the control of the work and residence permits of foreign workers, and the notification to the immigration police of any decision concerning the infringement of the provisions on the employment of foreign workers, has been repealed. The Committee notes that the functions entrusted to labour inspectors are now defined in the Employment Supervision Act and the Decree No. 115/2021. Under this Decree, the employment supervision authority, in the context of the control of regularity of employment, is tasked to regulate and control the work permit of third-country nationals. The Government indicates that, as of 1 March 2021, section 10(2) of the Employment Supervision Act introduced a new rule to ensure further protection of employees’ rights. If the employer fails to meet its reporting obligation related to the establishment of a legal relationship involving employment, the employment supervisory authority determines the existence of a legal relationship involving employment from the thirtieth day calculated retroactively from the start of the infringement, unless it is established during the administrative procedure, that failure to report employment exceeded thirty days. The Committee also notes that according to section 15 of the Decree No. 115/2021, if the employment supervisory authority establishes a violation of the legislation concerning the employment of a third-country national, it shall send its final decision to the immigration enforcement authority. The Committee notes that the proportion of workers in an irregular situation employed in agriculture increased noticeably from 2018 to 2020. Out of 5,267 employees checked in 2018, 1,065 were found to be in an irregular situation (20.22 per cent), while in 2020, out of the 3,613 employees checked, 859 were found to be in an irregular situation (23.78 per cent). The Committee notes that the Government does not provide information as to the number of cases in which such workers have been granted their due rights. Regarding the manner in which it is ensured that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, the Committee takes note of the provisions of the Act CLXV of 2013 on complaints and whistleblowing, the Employment Supervision Act, and the Code of General Administrative Procedure which set out rules relating to the confidential processing of data. The Committee once again requests the Government to take measures to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, the additional functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers. In that regard, the Committee requests that the Government provide information on the proportion of labour inspectors’ time that is spent on functions related to control of regularity of employment, including work permit regulation for third party nationals. In addition, the Committee requests the Government to provide further information on the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to the statutory rights of workers found to be in an irregular situation (such as the payment of wages and any other benefits owed for the period of their effective employment relationship), especially in the context of the possibility of retroactive determination of the existence of a legal relationship provided for in the legislation. Noting the increased proportion of irregular workers employed particularly in the agricultural sector, the Committee reiterates its request that the Government provide specific information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee notes that the number of labour inspectors continued to decrease, from 368 in 2017 to 300 in 2021. At the same time the number of inspections conducted and violations detected also continued to decrease, from 14,298 inspections and 10,407 cases of irregularities in 2018 to 9,462 inspections and 6,649 cases of irregularities in 2020, and to 2,523 inspections and to 1,791 cases of irregularities in the first half of 2021. The Government indicates that the decline in the number of inspections in the years 2020 and 2021 are also attributable to consequences of the COVID-19 pandemic, reporting that employers suspended or reduced certain activities, and a substantial share of capacities of the occupational safety authority was allocated to investigation of suspected cases of occupational disease related to COVID-19. The Committee notes that the Government report and the labour inspection reports do not include statistics on accidents and diseases. Noting the continuing decline in the number of inspectors as well as the decrease in the number of inspections and detected violations over a four-year period, the Committee once again requests that the Government take the necessary measures to ensure that the number of labour inspections are adequate to ensure the effective protection of workers. The Committee requests the Government to continue to provide statistical information on the number of labour inspectors, inspection visits, violations detected and penalties imposed. The Committee requests the Government to provide information on the number of occupational accidents and diseases.

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