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:

With reference to its observation, the Committee would welcome further information concerning the following points.

Article 3, paragraphs 1 and 2, Articles 5(a), 6, 12, 15(c) and 17 of the Convention. Additional duties entrusted to labour inspectors. Mobilization of resources. The Committee notes from the labour inspection reports for 2007 and the first half of 2008 that the adoption of measures to combat irregular employment has been made a priority of labour inspection and that many sanctions have been imposed on employers in this regard. It also notes the reference made by the Government to joint labour inspections. The Committee recalls that these activities raise problems of compatibility with the primary functions of labour inspection and make additional calls on the resources available to the labour inspection services. The Committee would be grateful if the Government would provide information on the manner in which joint inspections are conducted and their results. It requested the Government to indicate how it is ensured to workers who are in an irregular situation, the protection of rights derived from their employment relationship for the period worked, in particular where these workers are foreign nationals and are obliged to leave the country.

Articles 8 and 10. Number of labour inspectors. The Committee notes that the number of labour inspectors has increased from 469 in 2006 to 696 in 2008. Noting that 201 of these inspectors are women, the Committee would be grateful if the Government would indicate whether it intends to encourage the recruitment of women inspectors with a view to attaining the principle of gender balance in the labour inspection staff, taking into account the gender composition of the workers occupied in industrial and commercial workplaces.

Articles 3, paragraph 1(a) and (b), 14 and 21(g). The provision of technical information and advice to employers and workers in the area of occupational safety and health. Having noted, in its previous comments, that, according to a labour inspection report for the Pest region, most of the violations detected are due to a lack of knowledge of the labour legislation by employers, the Committee observes the indication in the annual labour inspection report for the first half of 2008 that a special unit has been established in the labour inspectorate for the provision of technical information and advice. In addition, there are safety advisors in all regions of the country, who can be contacted in person, in writing and by phone.

While the Government indicates that such advice and the further preventive measures welcomed by the Committee in its observation have had an impact on reducing the number of employees suffering from infections due to biological factors, the lack of information on occupational diseases in the 2007 report and the report for the first half of 2008 means that it is not possible to assess the overall impact of these measures. The Committee would again like to refer the Government to the Labour Inspection Recommendation, 1947 (No. 81), for examples of the various forms of collaboration between officials of the labour inspectorate and organizations of employers and workers which could be promoted to strengthen and implement a safety and health culture in all workplaces (Paragraphs 4–7). The Committee would be grateful that the Government will continue to report any further measures taken for this purpose.

Article 5(a). Effective cooperation between the labour inspection services and the justice system. With reference to the concern expressed by the Government relating to the independence of the courts, the Committee observes that forms of cooperation can be maintained between the labour inspection services and the justice system without any risk of interference or improper influence. The Committee refers the Government in this regard to paragraph 158 of its General Survey of 2006 and to its general observation of 2007. It would be grateful if the Government would inform the ILO of any arrangements made with a view to ensuring that the justice system supports the credibility of the work of the labour inspection services.