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

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

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.

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

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 notes the Government’s indication in its report, in reply to its previous request, that following legislative changes to the Labour Inspection Act LXXV of 1996, the labour inspectorate no longer has any competence in the area of freedom of association. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the powers of the Equal Treatment Authority in the area of anti-union discrimination and the request made by the Committee concerning effective enforcement procedures in relation to acts of interference. The Committee requests the Government to provide information on the existing enforcement mechanisms in relation to freedom of association, and the agencies responsible in this area. The Committee also requests the Government to 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. The Committee previously noted the reorganization of the labour inspection services under the Ministry for National Economy, including 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). It notes the Government’s indication that while these units report to, and receive professional guidance from, the Employment Supervision Department and the OSH Department of the Ministry for National Economy, acting as the central labour authority, they receive their material resources (including office space and transport facilities) from the metropolitan and district administrative authorities. The Committee notes the Government’s indication that the required budget for the metropolitan and district administrative authorities is provided annually, but without specifications concerning its allocation. The Committee requests 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.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the information provided by the Government, in response to its previous request, on the cooperation between the labour inspection services and the judicial authorities, including the publication of judicial decisions on the website of the courts, and the presentation of instructive legal cases on the intranet of the OSH authority.

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 the Government’s indications, in response to the Committee’s request, concerning the enforcement procedure for administrative penalties in relation to labour law violations. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the level of penalties and fines which may be applied by the public authorities is insufficient. In this context, the Committee also notes the Government’s indication that pursuant to section 6/A(2) of the Labour Inspection Act, a fine shall not be imposed if the employer pays outstanding wages within the deadline set by the labour inspectorate. In its 2017 General Survey concerning certain occupational safety and health instruments, paragraph 471, the Committee recalled that it is essential for the credibility and effectiveness of regulatory systems that penalties are sufficiently dissuasive and that they are defined in the national legislation in proportion to the nature and gravity of the offence. The Committee requests the Government to indicate how it is ensured that penalties for labour law violations, including in the area of the payment of wages, are sufficiently dissuasive, and are effectively enforced.

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 that while no annual labour inspection reports were submitted, the Government has provided statistical information in its reports under Conventions Nos 81 and 129 on the subjects listed in Article 21(a),(b),(d),(e) and (f) of Convention No. 81 and Article 27(a),(b),(d),(e) and (f) of Convention No. 129. Noting that labour inspection reports have not been received since 2009, the Committee once again requests the Government to regularly publish and communicate to the ILO annual reports on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, which include information on all the items under 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 Committee notes the Government’s indication, in reply to the Committee’s request, that no specific training on labour matters in the agricultural sector were provided to labour inspectors, as the national labour inspection system covers all economic sectors. The Committee requests the Government to provide information on whether the general training provided to labour inspectors also touches upon issues that are particularly relevant to agriculture, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 previously noted that combating illegal employment was a priority for labour inspection, and that the labour inspection services were regularly associated in joint inspections to eradicate illegal migration, among others, in cooperation with the police and the custom authorities. In this respect, the Committee notes the Government’s reference to the Labour Inspection Act, which entrusts 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 (sections 3(1)(i) and 7/A(7) of the Labour Inspection Act).

The Committee once again notes that the Government has not provided the information requested on the role of labour inspectors in granting foreign workers in an irregular situation their due rights resulting from their employment relationship. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect it stated in its 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee also recalls that in its 2017 General Survey on certain occupational safety and health instruments, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452) or that their complaint will not be kept confidential. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to indicate the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to any statutory rights workers may have in an irregular situation for the period of their effective employment relationship. It urges the Government to provide 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. In addition, the Committee requests the Government to provide information on the manner in which it ensures that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Articles 10 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee previously noted a significant decrease in the number of labour inspectors from 696 to 401 between 2008 and 2013. In this respect, the Committee noted that the comments of the workers’ representatives of the Tripartite National ILO Council (included in the Government’s reports) had indicated that this decrease had compromised the efficiency of inspections as shown by the increase in the number of industrial accidents and violations detected in recent years. On the other hand, the Committee noted the Government’s reply to these comments indicating that the increased number of violations detected was in fact a result of the enhanced efficiency of inspections due to the establishment of labour inspection priorities which were determined by annual labour inspection plans (focused on high risk sectors).

The Committee notes with concern from the statistics provided in the Government’s report that the number of labour inspectors continued to decrease to 393 labour inspectors (as of May 2017), and that the number of occupational accidents increased between 2010 and 2016 from 19,948 per year to 23,027. The Committee recalls from its 2017 General Survey on certain occupational safety and health instruments, paragraph 441, that focusing inspections on the most hazardous workplaces must not diminish the overall resource commitment of the labour inspectorate. Noting the significant decline in the number of inspectors since 2008, as well as the increase in the number of occupational accidents reported, the Committee requests the Government to 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. It also requests the Government to continue to provide information on the number of occupational accidents, and to provide an explanation for their increased number in recent years.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 notes the Government’s indication in its report, in reply to its previous request, that following legislative changes to the Labour Inspection Act LXXV of 1996, the labour inspectorate no longer has any competence in the area of freedom of association. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the powers of the Equal Treatment Authority in the area of anti-union discrimination and the request made by the Committee concerning effective enforcement procedures in relation to acts of interference. The Committee requests the Government to provide information on the existing enforcement mechanisms in relation to freedom of association, and the agencies responsible in this area. The Committee also requests the Government to 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. The Committee previously noted the reorganization of the labour inspection services under the Ministry for National Economy, including 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). It notes the Government’s indication that while these units report to, and receive professional guidance from, the Employment Supervision Department and the OSH Department of the Ministry for National Economy, acting as the central labour authority, they receive their material resources (including office space and transport facilities) from the metropolitan and district administrative authorities. The Committee notes the Government’s indication that the required budget for the metropolitan and district administrative authorities is provided annually, but without specifications concerning its allocation. The Committee requests 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.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the information provided by the Government, in response to its previous request, on the cooperation between the labour inspection services and the judicial authorities, including the publication of judicial decisions on the website of the courts, and the presentation of instructive legal cases on the intranet of the OSH authority.

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 the Government’s indications, in response to the Committee’s request, concerning the enforcement procedure for administrative penalties in relation to labour law violations. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the level of penalties and fines which may be applied by the public authorities is insufficient. In this context, the Committee also notes the Government’s indication that pursuant to section 6/A(2) of the Labour Inspection Act, a fine shall not be imposed if the employer pays outstanding wages within the deadline set by the labour inspectorate. In its 2017 General Survey concerning certain occupational safety and health instruments, paragraph 471, the Committee recalled that it is essential for the credibility and effectiveness of regulatory systems that penalties are sufficiently dissuasive and that they are defined in the national legislation in proportion to the nature and gravity of the offence. The Committee requests the Government to indicate how it is ensured that penalties for labour law violations, including in the area of the payment of wages, are sufficiently dissuasive, and are effectively enforced.

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 that while no annual labour inspection reports were submitted, the Government has provided statistical information in its reports under Conventions Nos 81 and 129 on the subjects listed in Article 21(a),(b),(d),(e) and (f) of Convention No. 81 and Article 27(a),(b),(d),(e) and (f) of Convention No. 129. Noting that labour inspection reports have not been received since 2009, the Committee once again requests the Government to regularly publish and communicate to the ILO annual reports on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, which include information on all the items under 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 Committee notes the Government’s indication, in reply to the Committee’s request, that no specific training on labour matters in the agricultural sector were provided to labour inspectors, as the national labour inspection system covers all economic sectors. The Committee requests the Government to provide information on whether the general training provided to labour inspectors also touches upon issues that are particularly relevant to agriculture, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 previously noted that combating illegal employment was a priority for labour inspection, and that the labour inspection services were regularly associated in joint inspections to eradicate illegal migration, among others, in cooperation with the police and the custom authorities. In this respect, the Committee notes the Government’s reference to the Labour Inspection Act, which entrusts 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 (sections 3(1)(i) and 7/A(7) of the Labour Inspection Act).

The Committee once again notes that the Government has not provided the information requested on the role of labour inspectors in granting foreign workers in an irregular situation their due rights resulting from their employment relationship. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect it stated in its 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee also recalls that in its 2017 General Survey on certain occupational safety and health instruments, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452) or that their complaint will not be kept confidential. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to indicate the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to any statutory rights workers may have in an irregular situation for the period of their effective employment relationship. It urges the Government to provide 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. In addition, the Committee requests the Government to provide information on the manner in which it ensures that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Articles 10 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee previously noted a significant decrease in the number of labour inspectors from 696 to 401 between 2008 and 2013. In this respect, the Committee noted that the comments of the workers’ representatives of the Tripartite National ILO Council (included in the Government’s reports) had indicated that this decrease had compromised the efficiency of inspections as shown by the increase in the number of industrial accidents and violations detected in recent years. On the other hand, the Committee noted the Government’s reply to these comments indicating that the increased number of violations detected was in fact a result of the enhanced efficiency of inspections due to the establishment of labour inspection priorities which were determined by annual labour inspection plans (focused on high risk sectors).

The Committee notes with concern from the statistics provided in the Government’s report that the number of labour inspectors continued to decrease to 393 labour inspectors (as of May 2017), and that the number of occupational accidents increased between 2010 and 2016 from 19,948 per year to 23,027. The Committee recalls from its 2017 General Survey on certain occupational safety and health instruments, paragraph 441, that focusing inspections on the most hazardous workplaces must not diminish the overall resource commitment of the labour inspectorate. Noting the significant decline in the number of inspectors since 2008, as well as the increase in the number of occupational accidents reported, the Committee requests the Government to 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. It also requests the Government to continue to provide information on the number of occupational accidents, and to provide an explanation for their increased number in recent years.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee refers the Government to its comments in relation to Articles 3(1)(a) and (b), 3(1) and (2), 4, 5(a), 17 and 18 of the Labour Inspection Convention, 1947 (No. 81), in so far as they also concern the application of the present Convention. (Articles 6(1)(a) and (b), 6(1) and (3), 7, 12, 22, 23 and 24).

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council of the Ministry of Social Affairs and Labour, which were included in the Government’s report, and the Government’s reply to these observations.

Articles 4 and 5 of the Convention. Scope of application of the Convention. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the scope of the Act CXIII of 1993 on Occupational Safety and Health only covers family farms employing more than one worker, and accordingly limits labour inspection. The Committee notes the Government’s reply that the Convention only applies to agricultural undertakings in which work employees or apprentices. The Government also indicates that the scope of this Act covers organized employment, i.e. all employment relations, with the exception of domestic work performed in the frame of simplified employment contract and self-employment. In this respect, the Committee recalls that Article 4 provides that the Convention applies to employees or apprentices working in agricultural undertakings, however they may be remunerated and whatever the type, form or duration of their contract. Accordingly, concerning domestic workers working under simplified employment contracts in agricultural undertakings, the Committee requests the Government to bring the national legislation and practice into conformity with Article 4. The Committee also requests the Government to provide information on whether it is envisaged to give effect to the provisions of the Convention in respect of the categories of persons mentioned in Article 5, i.e. tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; and members of the family of the operator of the undertaking, as defined by national laws or regulations.

Article 9(3). Need for specific skills of labour inspectors for the discharge of their duties in agricultural undertakings. The Committee notes that the Government has once again not provided the requested information on the training of labour inspectors in relation to the discharge of their specific duties in the agricultural sector. It however notes the Government’s indications that occupational safety and health (OSH) inspectors will receive training in areas related to agriculture in 2014–15 in the framework of the so-called TAMOP project. The Committee once again requests the Government to provide information on the training provided to labour inspectors in areas particularly relevant to agriculture, such as the handling of chemicals and pesticides, personal protective equipment, agricultural machinery, the requirements in national rules and regulations covering agriculture, etc. Please also provide information on the frequency, duration and number of participants of such training.

Articles 6(1)(a), 26 and 27. Content of the annual report on the activities of the labour inspection services in agriculture. The Committee notes the reports on the activities of the labour inspection services in OSH and labour matters for the first quarter of 2014. Noting that labour inspection reports have not been received for 2009, 2010, 2011, 2012 and 2013, the Committee requests the Government to regularly publish and communicate to the ILO up-to-date annual reports, in accordance with Article 26 of the Convention, which include information on all the items under Article 27 (a)–(g) of the Convention. It recalls in this respect that such reports, can be either separate reports or part of the general annual labour inspection report. It also requests the Government to provide a summary of these previous reports, if possible in one of the working languages of the ILO.

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

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council of the Ministry of Social Matters and Labour, which were attached to the Government’s report under the Labour Inspection Convention No. 81 (1947), and the Government’s reply to these observations.

Referring to its comments under Convention No. 81, the Committee would like to draw the Government’s attention to the following additional points:

Article 9(3) of the Convention. Need for specific skills of inspectors for the discharge of their duties in agricultural undertakings. Having noted the observations made by the workers’ representatives under Convention No. 81 on the insufficient experience of OSH inspectors, particularly in the area of chemicals, as well as the information in the Government’s report that the highest number of occupational diseases were caused by chemicals and biological agents in 2007 and 2008, the Committee notes that the Government has still not replied to the Committee’s previous comments with regard to the training available to labour inspectors in relation to the discharge of their specific duties in the agricultural sector. While the Committee notes that according to the Government certain inspectors are primarily, but not exclusively engaged in agriculture, the Committee recalls, once again, that the specific characteristics of work in the agricultural sector involve specific risks for workers (for example, risks related to the handling and use of chemicals and pesticides, and agricultural machinery) and therefore require specific skills from inspectors acquired through adequate training. The Committee, recalling that it has been raising this issue since 2005, once again asks the Government to provide information on the training provided to labour inspectors (subjects of training, frequency of such training and number of participants, etc.) to enable them to acquire the technical knowledge required to perform their duties adequately in the agricultural sector. In this regard, the Committee would like to draw the Government’s attention to Paragraphs 4–7 of Recommendation No. 133 concerning labour inspection in agriculture, on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector.

Article 6(2) of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation. Role of labour inspection in agriculture with respect to occupational safety and health. The Committee notes the Government’s indication that the agricultural sector is a high-risk sector and therefore continues to be treated as one of the priority sectors by the labour inspectorate, including in terms of prevention. However, as the Government has not provided any further information in reply to the previous comments, the Committee once again asks the Government to provide information on labour inspection activities in agriculture in the fields of prevention and the dissemination of information. It once again refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), for examples of appropriate action and strongly encourages the Government to implement further measures in order to develop a health and safety culture in agricultural work. It also once again requests the Government to provide information on any progress made in this regard.

Articles 6(1)(a), 26 and 27 of the Convention. Content of the annual report on the activities of the labour inspection services in agriculture. The Committee notes that no annual labour inspection report has been received at the ILO. It notes, however, that the annual report on the activities of the labour inspectorate in the area of occupational safety and health for 2008, published on the website of the Labour Inspectorate, includes some information on the activities of the labour inspectorate in agriculture, including data on industrial accidents in agriculture and cases of occupational disease. It also notes that the Government provides some data in its report relating to the activities of the labour inspectorate in agriculture, namely: the number of inspection visits in agriculture in 2009, as well as the measures taken by the labour inspectors, including orders relating to the suspension of work or the use of products during their inspections visits from 2006 to 2010. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take steps to publish and communicate to the ILO up-to-date annual reports, in accordance with Article 26 of the Convention. It hopes that such reports, which can be either separate reports or part of the general annual labour inspection report, will include information on all the items under Article 27 (a)–(g) of the Convention, also in relation to the work of inspectors in areas other than occupational safety and health.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

The Committee notes the Government’s report covering the period from 31 May 2006 to 31 May 2008, as well as the labour inspection reports for 2007 and the first half of 2008. With reference to its direct request under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points.

Article 9, paragraph 3, of the Convention. Need for specific skills of inspectors for the discharge of their duties in agricultural undertakings. The Committee, recalling that it has been raising this issue since 2005, once again asks the Government to provide information on the further training available to labour inspectors in relation to the discharge of their specific duties in the agricultural sector (diseases, chemical hazards, technical skills, particularly relating to the risks inherent in the use of electrical equipment and the handling and use of chemicals).

Articles 17 and 19. Role of labour inspection in agriculture with respect to occupational safety and health. The Committee notes from the report of the National Labour Inspectorate for 2007 that the number of occupational accidents and fatalities in all sectors appears to have decreased between 2005 and 2007. The Committee notes in this regard that from then on the agricultural sector has been treated as a priority sector by the labour inspectorate, with special emphasis on activities that pose a high risk to employees. It further notes that a specific occupational safety survey of agriculture was carried out in 2007, which identified certain problems (situations determined mostly by the financial situation of employers) and risk areas (especially working tools in stock rearing). With reference to its comments under Convention No. 81, in which it notes that a number of measures have been taken in the area of safety and health that are not especially aimed at the agricultural sector (the adoption of new legislation, the unification of competence for inspectors relating to occupational safety and health, the reinforcement of inspections, more severe sanctions, the publication of lists of employers that have violated health and safety regulations, the introduction of the “Partnership for Safe Employment” initiative). These measures would also have a positive impact on occupational health and safety in agriculture. However, noting that no information has been provided on labour inspection activities in agriculture in the fields of prevention and the dissemination of information, the Committee once again refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), for examples of appropriate actions and strongly encourages the Government to implement further measures in order to develop a health and safety culture in agricultural work. It requests the Government to provide information on any progress made in this regard.

Article 27. Content of the annual labour inspection report. Referring in this respect to its comments under Convention No. 81, the Committee once again requests the Government to ensure that the annual inspection report contains the information required by this Article (clauses (a)–(g)) relating to labour inspection in agriculture.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report covering the period from 31 May 2006 to 31 May 2008, as well as the labour inspection reports for 2007 and the first half of 2008. With reference to its direct request under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points.

Article 9, paragraph 3, of the Convention. Need for specific skills of inspectors for the discharge of their duties in agricultural undertakings. The Committee, recalling that it has been raising this issue since 2005, once again asks the Government to provide information on the further training available to labour inspectors in relation to the discharge of their specific duties in the agricultural sector (diseases, chemical hazards, technical skills, particularly relating to the risks inherent in the use of electrical equipment and the handling and use of chemicals).

Articles 17 and 19. Role of labour inspection in agriculture with respect to occupational safety and health. The Committee notes from the report of the National Labour Inspectorate for 2007 that the number of occupational accidents and fatalities in all sectors appears to have decreased between 2005 and 2007. The Committee notes with interest in this regard that from then on the agricultural sector has been treated as a priority sector by the labour inspectorate, with special emphasis on activities that pose a high risk to employees. It further notes that a specific occupational safety survey of agriculture was carried out in 2007, which identified certain problems (situations determined mostly by the financial situation of employers) and risk areas (especially working tools in stock rearing). With reference to its comments under Convention No. 81, in which it notes that a number of measures have been taken in the area of safety and health that are not especially aimed at the agricultural sector (the adoption of new legislation, the unification of competence for inspectors relating to occupational safety and health, the reinforcement of inspections, more severe sanctions, the publication of lists of employers that have violated health and safety regulations, the introduction of the “Partnership for Safe Employment” initiative). These measures would also have a positive impact on occupational health and safety in agriculture. However, noting that no information has been provided on labour inspection activities in agriculture in the fields of prevention and the dissemination of information, the Committee once again refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), for examples of appropriate actions and strongly encourages the Government to implement further measures in order to develop a health and safety culture in agricultural work. It requests the Government to provide information on any progress made in this regard.

Article 27. Content of the annual labour inspection report. Referring in this respect to its comments under Convention No. 81, the Committee once again requests the Government to ensure that the annual inspection report contains the information required by this Article (clauses (a)–(g)) relating to labour inspection in agriculture.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 following matters raised in its previous direct request:

The Committee notes the Government’s report for the period ending May 2006, as well as the information contained in the general annual inspection report for 2005 on the activities carried out in agricultural undertakings. It also notes the legislation and regulations adopted during the period covered by the report.

Article 9, paragraph 3, of the Convention. Specific skills of inspectors for the discharge of their duties in agricultural undertakings. The Committee would be grateful if the Government would provide further information on the training intended for labour inspectors in specific relation to the discharge of their duties in the agricultural sector (specific diseases, chemical hazards, technical skills, in particular with respect to risks inherent in the use of electrical equipment and the handling and use of chemical products or substances).

Articles 17 and 19. Role of the labour inspectorate in agriculture with respect to occupational safety and health. The Committee notes with concern that the number of persons suffering serious injury in agriculture remains constant, and that the number of fatal accidents has even increased compared to 2004. Emphasizing the need to develop preventive and informative labour inspection activities to reduce and prevent the specific occupational risks to which workers in the agricultural sector are exposed, the Committee invites the Government to refer to the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), with regard to the possibility of associating the labour inspectorate in preventive control through prior consultation on issues relating to the putting into operation of new plant, new materials or substances and new methods, and the plans of any plant in which dangerous machines or unhealthy or dangerous work processes are to be used (Paragraph 11). The Committee also draws the Government’s attention to the measures advocated by Recommendation No. 133 with a view to undertaking education campaigns aimed at employers and workers in the agricultural sector, such as the use of the services of rural promoters or instructors; distribution of posters, pamphlets, periodicals and newspapers; organization of film shows, and radio and television broadcasts; arrangements for exhibitions and practical demonstrations on hygiene and safety; inclusion of hygiene and safety and other appropriate subjects in the teaching programmes of rural schools and agricultural schools; organization of conferences for persons working in agriculture who are affected by the introduction of new working methods or of new materials or substances; participation of labour inspectors in agriculture in workers’ education programmes; and arrangements for lectures, debates, seminars and competitions with prizes (Paragraph 14). The Committee strongly encourages the Government to implement measures that it considers appropriate to the situation in the country in order to develop a health and safety culture in agricultural work with the support of the parties concerned, and requests it to provide information on any progress made in this regard.

Article 27. Content of the annual labour inspection report. Referring also in this regard to its comments under Convention No. 81, the Committee requests the Government to ensure that its annual inspection report contains the information required by this Article on all the legislative fields relating to the conditions of work and the protection of workers in agricultural undertakings covered by the inspection services.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending May 2006, as well as the information contained in the general annual inspection report for 2005 on the activities carried out in agricultural undertakings. It also notes with interest the legislation and regulations adopted during the period covered by the report.

Article 9, paragraph 3, of the Convention. Specific skills of inspectors for the discharge of their duties in agricultural undertakings. The Committee would be grateful if the Government would provide further information on the training intended for labour inspectors in specific relation to the discharge of their duties in the agricultural sector (specific diseases, chemical hazards, technical skills, in particular with respect to risks inherent in the use of electrical equipment and the handling and use of chemical products or substances).

Articles 17 and 19. Role of the labour inspectorate in agriculture with respect to occupational safety and health. The Committee notes with concern that the number of persons suffering serious injury in agriculture remains constant, and that the number of fatal accidents has even increased compared to 2004. Emphasizing the need to develop preventive and informative labour inspection activities to reduce and prevent the specific occupational risks to which workers in the agricultural sector are exposed, the Committee invites the Government to refer to the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), with regard to the possibility of associating the labour inspectorate in preventive control through prior consultation on issues relating to the putting into operation of new plant, new materials or substances and new methods, and the plans of any plant in which dangerous machines or unhealthy or dangerous work processes are to be used (Paragraph 11). The Committee also draws the Government’s attention to the measures advocated by Recommendation No. 133 with a view to undertaking education campaigns aimed at employers and workers in the agricultural sector, such as the use of the services of rural promoters or instructors; distribution of posters, pamphlets, periodicals and newspapers; organization of film shows, and radio and television broadcasts; arrangements for exhibitions and practical demonstrations on hygiene and safety; inclusion of hygiene and safety and other appropriate subjects in the teaching programmes of rural schools and agricultural schools; organization of conferences for persons working in agriculture who are affected by the introduction of new working methods or of new materials or substances; participation of labour inspectors in agriculture in workers’ education programmes; and arrangements for lectures, debates, seminars and competitions with prizes (Paragraph 14). The Committee strongly encourages the Government to implement measures that it considers appropriate to the situation in the country in order to develop a health and safety culture in agricultural work with the support of the parties concerned, and requests it to provide information on any progress made in this regard.

Article 27. Content of the annual labour inspection report. Referring also in this regard to its comments under Convention No. 81, the Committee requests the Government to ensure that its annual inspection report contains the information required by this Article on all the legislative fields relating to the conditions of work and the protection of workers in agricultural undertakings covered by the inspection services.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the information provided in reply to its previous request. Also referring to the application of Convention No. 81, the Committee would be grateful if the Government would provide in its next report further information on the following points.

1. Labour inspection and the living conditions of workers and their families. Please indicate whether, in agriculture, the functions of provision of assistance and supervision of labour inspectors are extended to include the application of the legal provisions relating to the living conditions of workers and their families, as provided for in Article 6, paragraph 2, of the Convention.

2. Training of labour inspectors in agriculture. Please describe the measures taken to provide initial and further training adopted to operating labour inspectors in agriculture (Article 9, paragraph 3).

3. Annual report on labour inspection in agriculture. Please indicate the measures taken or envisaged to ensure the publication of an annual report on the activities of the inspection services in agriculture, either in the form of a separate report, or as part of the general labour inspection report, and its transmission to the ILO, in accordance with Article 26, dealing in particular with the subjects set out in Article 27 of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report for the period ending in May 2002 and the documentation and legislation attached thereto. It notes however that the Government has not yet sent, as promised, the annual inspection report for 2000, which means that the Committee is unable to assess the extent to which the Convention is applied in practice. The Committee requests the Government to provide the recently adopted texts amending the Labour Inspection Act of 1996 and the Act of 1993 on safety at work, and those of Decree No. 118/2001 on the terms and conditions for registering and hiring temporary workers and Decree No. 16/2001 of the Minister of Agriculture and Rural Development issuing agricultural safety rules. It would be grateful if the Government would also provide available annual inspection reports on the activities conducted in all agricultural enterprises and their results.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending May 2000. It notes that, by virtue of Law No. 36 of 1998, the Ministry of Labour was abolished and that labour inspection is now attributed to the Ministry of Social and Family Affairs. It also notes that Law No. 122 of 1999 has amended Law No. 75 of 1996 governing labour inspection. The Government is therefore requested to transmit a copy of the two new texts as well as any other text which is related, whether directly or indirectly, to the composition, attributes, and operation of the labour inspection services in agricultural undertakings.

Noting the partial information provided by the Government in reply to the Committee’s previous comments, and the subsequent difficulty of giving an appreciation of the practical application of the Convention, the Committee requests that the Government transmit to the ILO a detailed report on the application of the Convention. This report should contain the information requested in the report form adopted by the Governing Body of the ILO, under each of its provisions, as well as under each of Parts I, II, IV, and V.

Recalling the attention of the Government to paragraphs 272 and subsequent paragraphs of its 1985 General Survey on labour inspection on the importance it attaches to the fulfilment of obligations resulting from Articles 26 and 27 of the Convention, the Committee hopes that the Government will not fail to take the necessary measures to ensure that an annual report on the activities of the labour inspection services containing the required information on each of the points identified in Article 27 will be formulated, and published by the central authority, and that a copy thereof shall be transmitted to the ILO in the form, and within the time limits established in Article 26. It would be grateful if the Government would indicate in its next report the measures it has taken, and the deadlines in which it is envisaged to give effect to the provisions of the Convention.

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

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.