Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - Hongrie (Ratification: 1994)

Autre commentaire sur C129

Observation

Demande directe

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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.