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

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

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee would like to draw the Government’s attention to the following points:

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes from the Government’s report and the information available on the website of the labour Inspectorate (OMMF) that combating illegal employment continues to be a priority for the OMMF and that targeted inspections have been carried out in this regard in seasonal sectors, including comprehensive inspections of grape harvest sites in cooperation with eight other authorities. It further notes that the OMMF has concluded cooperation agreements, among others, with the National Police Headquarters and the Directorate General of the Hungarian Customs and Finance Guard. The Committee also notes that further operations in cooperation with partner authorities are envisaged and that where illegal employment is identified, both remedial measures are taken and sanctions imposed if necessary. Noting that section 3(i) of Act No. LXXV of 1996 entrusts labour inspectors with functions relating to the employment of foreign nationals in Hungary, the Committee asks the Government to indicate the scope and nature of the functions of labour inspectors in this framework. Please also specify the nature of the cooperation with other public entities and provide further details on any joint investigations between the OMMF and the police and customs services, and send a copy of the relevant cooperation agreements.

The Committee once again asks the Government to indicate the manner in which the OMMF 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. Please 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 5(a) of the Convention. Effective cooperation between the labour inspection services and the justice system. With reference to its General Observation of 2007, the Committee notes with interest the conclusion of an agreement between the OMMF and the Hungarian Chamber of Judicial Officers, aimed at the more efficient collection of fines imposed by the OMMF. It also notes 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. The Committee would be grateful if the Government would provide more detailed information on the measures envisaged (for example, the provision of training for labour inspectors and its content, the development of information material or manuals, etc.) and if it would keep the ILO informed of the progress made in the implementation of these measures, as well as their impact.

Articles 5(a), 20 and 21 of the Convention. Content of the annual labour inspection reports and their publication and communication within the prescribed time limits. The Committee notes that annual reports for 2009 and 2010 on the activities of the labour inspection services have not been received by the ILO. It notes, however, that the website of the OMMF contains annual reports on the activities of the OMMF. The Committee recalls that, in conformity with Article 20(3) of the Convention, copies of the annual reports should be transmitted to the Director-General of the ILO within a reasonable period after their publication and in any case within three months.

In its 2009 General Observation the Committee indicated that, through the establishment of a register of workplaces and the workers employed therein, the central labour inspection authorities were provided with the data essential, among others, for the preparation of the annual report. It further noted that the continuing inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions in possession of relevant data, is particularly desirable to ensure that the register of workplaces and enterprises meets the expected objectives.

The Committee therefore notes the conclusion of a special cooperation agreement between the OMMF and the Central Statistical Office (KSH), encouraging the transfer of data from operating enterprises to OMMF. Such statistics include: the number of registered enterprises, the number of workers and gender-based activity rates, staff data for workers employed in agriculture, the number of workers in industry and commerce and gender distribution of workers in industry and commerce. In 2009, the OMMF also introduced in practice the use of a so-called “exposure sheet”, based on data obtained from inspections. According to the Government, this sheet has, among others, the potential to ensure that the number of workers exposed to potential harms is known to the OMMF.

The Committee asks the Government to keep the ILO informed of progress made in the establishment of a register of workplaces liable to inspection and workers employed therein and to indicate the impact in this regard of data exchange between the OMMF and the KSH as well as other government bodies.

The Committee asks 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 would be grateful if the Government would provide a summary of the content of the reports in one of the working languages of the ILO.