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

Labour Inspection Convention, 1947 (No. 81) - Hungary (Ratification: 1994)

Other comments on C081

Observation

Direct Request

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Articles 3(1)(a) and (b) of the Convention. Functions of labour inspectors in the area of freedom of association. The Committee notes the observations made by the Tripartite National ILO Council, included in the Government’s report, that following modifications to Act LXXV of 1996 on labour inspection, the functions of the labour inspectorate in the area of freedom of association have been reduced (including the control of the entitlement of trade union officers to reduced working time for trade union activities, and the right of workers to obtain information and be consulted). The Tripartite National ILO Council asserts that judicial proceedings are lengthy, and that they are therefore no substitute for the effective enforcement of freedom of association rights. The Government indicates, in reply to these allegations, that there have only been an insignificant number of procedures in the area of freedom of association conducted by the labour inspectorate in past years; and that these procedures have not been necessarily more effective (for example, the decision of the labour inspectorate was non-binding and the courts have more extensive powers to procure evidence and render decisions). The Committee requests the Government to provide detailed information on the functions of labour inspectors in the area of freedom of association following the abovementioned legislative changes.

Article 3(1) and (2). Additional functions entrusted to labour inspectors. The Committee previously noted that combating illegal employment continued to be a priority for labour inspection. It understands from the Government’s indications, in reply to its previous request concerning the scope and nature of the function of labour inspectors and the cooperation with other authorities in this regard, that: (i) labour inspectors are entrusted with the control of the legislation concerning work and residence requirements for foreign nationals; (ii) they have the power to impose fines on employers in the event of non-compliance with these requirements; (iii) the labour inspection services are regularly associated in joint inspections to eradicate illegal migration carried out by the Integrated Control Centre, the Police, and the Custom Authorities; (iv) about 5 per cent of all labour inspections are carried out jointly with other authorities; and that (v) labour inspectors also cooperate with the authorities providing protection and medical care to victims of human trafficking. Referring to its comments made in paragraph 78 of the 2006 General Survey on labour inspection, the Committee requests the Government to ensure that the functions relating to the prevention of irregular employment of foreign workers in an illegal situation do not interfere with the primary duties of labour inspectors or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

The Committee once again asks the Government to indicate the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights of workers who are in an irregular situation for the period of their effective employment relationship, in particular where these workers are foreign nationals and are obliged to leave the country, and 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.

Article 4. Organization of the labour inspection services. The Committee notes the Government’s indications that as of 2012, the former National Labour Inspectorate (OMMF) was integrated into the National Labour Office (NMH), which is the unified body responsible for employment policy, OSH and labour matters, vocational training and adult education under the Ministry for National Economy. It further notes that the Occupational Safety and Health and Labour Inspections Directorate (MMI) of the NMH is the body entrusted with labour inspection tasks. The Committee understands that MMI exercises authority and control over the occupational safety and labour matters agencies which are now integrated into the metropolitan and district administrative authorities. In this context, the Committee also notes that, while the occupational safety and labour matters agencies appear to report to the MMI, the government offices are now responsible for providing material conditions to labour inspectors.

The Committee also notes that pursuant to legislative amendments during the reporting period, certain workplaces, including those within the military, police and fire brigade services no longer come within the responsibility of the labour inspectorate, but other bodies entrusted with labour inspections therein. The Committee requests the Government to provide an organizational chart of the labour inspection services in its entirety, including those services responsible for labour inspections in mines, the military, police, fire brigade, penitentiary services, etc. The Committee also asks the Government to provide more detailed information on the procedures for the allocation of sufficient budgetary resources to the labour inspection services, following their integration into the metropolitan and district administrative authorities.

Article 5(a). Effective cooperation between the labour inspection services and the justice system. The Committee previously noted the measures envisaged to achieve greater consistency in the work of the regional inspectorates through the provision of information on the content of judicial cases of general effect, with appended professional opinions and evaluations, and through the preparation of materials summarizing experience of appeal proceedings. It notes that the Government has not provided the requested information on further details concerning these measures. The Committee therefore once again requests the Government to provide detailed information on the cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint trainings on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Articles 17 and 18. System for the enforcement of administrative penalties. The Committee notes that following amendments to several laws, including to Act LXXV of 1996 on labour inspection, labour inspectors are no longer entrusted with conducting administrative offence procedures. It understands from the information in the Government’s report that labour inspectors have the power to issue fines in the event of non-compliance with certain legislative provisions, and that they are required to submit a relevant request to the responsible authority in the event of non-compliance with other legislative provisions. The Committee requests the Government to describe the system for the imposition and enforcement of penalties following the detection of labour law violations that qualify as administrative offences. In this regard, please provide information on the competent authority to conduct administrative offence procedures; indicate the legislative provisions in which labour inspectors have the power to issue fines themselves; and indicate the cases in which labour inspectors have to submit a request for the imposition of fines by the competent authority.

Articles 5(a), 20 and 21. Annual reports on the activities of the labour inspection services. 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 annual reports on the work of the labour inspection services, in accordance with Article 20 of the Convention, which include information on all the items under Article 21(a)–(g) of the Convention. It also requests the Government to provide a summary of these previous reports, if possible in one of the working languages of the ILO.