Informe provisional - Informe núm. 12, 1954

A. Analysis of the Complaint

1. 580. In the complaint presented by the International Confederation of Free Trade Unions to the Economic and Social Council and transmitted by the latter at its 12th Session (February 1951) to the International Labour Organisation, it is alleged that trade unions in Hungary are subject to the same régime as those in Czechoslovakia. This régime includes, on the one hand, the suppression of the right to organise trade unions freely and, on the other hand, general control by the Communist Party, which is the power in control of the Government, over the existing trade union movement. Thus it is the Government which controls the trade unions, which are not permitted to function freely.
2. 581. In support of this contention the International Confederation of Free Trade Unions quotes the words of the Deputy Prime Minister and Communist Party Leader, Mr. Rákosi, who said that the trade unions " have the irrevocable task of explaining that the present trade unions are no longer protectors of the workers' interests as they formerly were, but organs in the service of all the Peoples' Democracies ".
3. 582. The complainant then gives a number of quotations to illustrate the difficulties encountered by the Communist Party in its attempt to bring the trade unions under its control, as well as the methods it used for this purpose.
4. 583. In fact, the complainant states, it does not seem to have been easy to bring Hungarian workers under the strict control of the Communist Party. It was for this reason, according to the newspaper Szabad Nép, published in July 1950, that the Political Committee of the Hungarian Workers' Party (Communist Party), after examining the work of Communists working in the National Council of Trade Unions and in the higher leadership of the trade unions, made the following criticisms with respect to these Communist leaders:
5. Communists in the Trade Union Council did not fight to secure the firm leadership of the Party nor for the systematic execution of the Party's policy in the trade union. Orally they recognised the leadership of the Party, but in practice they allowed and excused the belittling of the leading role of the Party and some of them even indulged in it themselves. They tolerated and covered up the fact that certain trade union leaders as, for example, until quite recently the leaders of the National Association of Building Workers (MEMOSZ) and of the Miners' Trade Union, repeatedly misled the Party and displayed an anti-party attitude The underrating of the Party's leading role logically led to making room for counter-revolutionary right-wing social democrat influence in the trade unions, and enabled the enemy to attempt to bring the trade unions into opposition to the Party.
6. 584. The following quotation also shows, according to the complainant, how the Hungarian workers resisted the domination of the Communist Party:
7. Opportunist Social Democrat influence and a falling away from the Party must be radically eliminated from trade union leadership. The trade union leaders make it their paramount task to see to it that the trade unions, without wavering, fulfil their mission by functioning as a main support of the Party as regards production and developing Socialist industries. Let them fight systematically for the implementation of the five-year plan, for raising productivity, for reducing production costs, for the shaping of a correct Socialist wage and norm system and for the expansion of the Stakhanovite movement and production competition.
8. 585. Mr. Kovács, Secretary of the Communist Party in Budapest, told workers that their union officials were not representatives of trade unions but representatives of the Party in the trade unions and that their task was to secure the leading role of the Party and the carrying out of its policy.
9. 586. In these circumstances, in the complainant's view, trade unions no longer exist in Hungary as independent bodies to protect their membership. The complainant points out, in fact, that in Hungary the State is the employer and the Communist Party is the State. The Party thus has absolute power.
10. 587. Trade union leaders who do not conform to Party instructions are dismissed from their posts not by the members of the trade unions but by the Government. This was the case in particular for Mr. Kishdzi, Chairman of the Hungarian Trade Unions.
11. 588. The complainant alleges that the election of trade union officials is no longer by secret ballot but by show of hands which " reveals all who are against the Communist nominees ".
12. 589. The members of trade unions are thus driven into supporting a system whereby the strongest and most skilled worker is favoured and given the best equipment. His record output then becomes the norm for the job and all who cannot reach it have their piece rates reduced.
13. 590. The complainant concludes that Hungarian workers are thus deprived of the benefits of genuine trade unions. Decisions concerning the life and welfare of the workers are made by the " dictators "; the masses are silent and have to submit.
14. B. Previous Decisions of the Committee and the Governing Body
15. 591. The complaint of the International Confederation of Free Trade Unions was communicated to the Hungarian Government for its observations by a letter dated 20 April 1951.
16. 592. No reply having been received, the Director-General sent a letter of reminder to the Hungarian Government on 4 December 1951, also informing the Government of the decisions adopted by the Governing Body at its 117th Session (Geneva, 20-23 November 1951), concerning the establishment of the Committee on Freedom of Association and the modifications in the procedure for the preliminary examination of complaints.
17. 593. In accordance with the decision adopted by the Committee at its session in January 1952, the Director-General sent a letter of reminder to the Hungarian Government on 22 January 1952, requesting it to furnish its observations to the International Labour Office before 15 February 1952.
18. 594. Noting that no reply had reached it at the time of its session in March 1952, the Committee decided to postpone examination of the case, it being understood that the Hungarian Government would again be asked to present its preliminary observations by 1 May 1952. The Director-General addressed a letter to this effect to the Hungarian Government on 21 March 1952. A letter of reminder was sent on 3 May 1952.
19. 595. No reply having been received, the Governing Body at its 119th Session (May 1952) decided, on the recommendation of the Committee:
20. (1) to instruct the Director-General to make a further approach to the Hungarian Government on its behalf with a view to obtaining such observations as it may wish to make concerning the complaint presented by the International Confederation of Free Trade Unions;
21. (2) to inform the Economic and Social Council and the United Nations of the position with regard to this matter.
22. 596. The Director-General communicated this decision of the Governing Body to the Economic and Social Council and to the Hungarian Government by letters dated 27 June and 5 July 1952, respectively. A further letter of reminder was also sent to the Hungarian Government on 9 October 1952.
23. 597. In spite of these repeated reminders the Hungarian Government made no reply concerning the allegations of the International Confederation of Free Trade Unions with respect to the violations of trade union rights in Hungary, and the Committee on Freedom of Association therefore decided, at its session in November 1953, to instruct the International Labour Office to collect and submit to it as complete documentation as possible on the legal status of trade unions in Hungary with a view to making it possible for it to submit recommendations to the Governing Body.
24. C. Text of the Principal Legislative and Statutory Provisions Governing the Status of Trade Unions in Hungary
25. 598. Unlike Poland and Czechoslovakia, Hungary has no special law governing the status of trade unions.
26. 599. The status of trade unions is at present based, as far as the Office has been able to ascertain, on the following texts: (1) Law No. XVII of 1938 concerning suppression of violations of the law on association, as amended by governmental Ordinance No. 7330 of 1946 (see below, paragraphs 601 and 602); (2) the Constitution of the Hungarian People's Republic of 20 August 1949 (see below, paragraph 605); (3) the Constitution of the trade unions of 1950, as amended in 1953 (see below, paragraphs 607 and 608); (4) the Labour Code and the Ordinance of Application of the Labour Code, of 31 January 1951 (see below, paragraphs 609 and 610). It is appropriate to summarise the scope of each of these texts.
27. 600. Law No. XVII of 1938, as amended by Ordinance No. 7330 of 1946, is a law of general scope applicable to all associations without distinction. These are placed under the general supervision of the Minister of the Interior who is responsible in particular for authorising their establishment, approving their Constitution and internal regulations and dissolving illegal associations.
28. 601. The text of the main articles of Law No. XVII of 1938 concerning suppression of violations of the law on association is as follows:
29. Article 1. A society or an organisation, however it may be called, is authorised to carry on its activity only on the basis of a Constitution approved by the Minister of the Interior or, by agreement with the latter, by the competent Minister under the legal pro visions applicable in the matter. This provision does not apply to the activities of political parties having the purpose of sending representatives to Parliament or to other public bodies constituted under law.
30. A society or an organisation, however it may be called, or a political party having the purpose of sending representatives to Parliament or to other public bodies constituted under the law, is forbidden to require of its members any oath, vow, solemn promise or any other declaration implying a moral obligation, with a view to confirming adherence to this society, organisation or party or to guarantee obedience or any other engagement towards its leaders.
31. In application of the first paragraph, Constitutions are deemed to be all rules concerning the organisation and activity of the society, however they may be called.
32. Article 2. In application of the law, any society or organisation, however it may be called, or any party which carries on activities contrary to the provisions of article 1 or continues its activities after suspension or dissolution ordered by the authorities, is deemed to be an illegal society or organisation or a political party carrying on illegal activity.
33. Any society or organisation which, while possessing a Constitution approved in accordance with article 1, secretly carries on activities different from those provided for in its Constitution, shall be considered illegal.
34. Article 3. Illegal societies or organisations, and political parties carrying on illegal activity shall be immediately dissolved by the Minister of the Interior or, by agreement with the latter, by the Minister competent under the legal provisions in the matter. Their funds shall be used for purposes in the public interest.
35. A decision taken by the Minister of the Interior or the Minister having supervisory power under the provisions in force concerning the disposal of the funds of dissolved societies, organisations or parties constitutes a document authorising the registration of the change of owner in the Register of Property.
36. 602. Law No. XVII of 1938 on suppression of violation of the law on association was amended and completed by Order No. 7330 of 1946, which is as follows:
37. Under the powers conferred on it by article 1 of Law No. VI of 1946 the Council of Ministers orders as follows:
38. Article 1. (1) Any society or association of persons, however it may be called, is placed under the supervision of the Minister of the Interior, whatever may be its purpose or the aims set out in its Constitution.
39. (2) Within 14 days the Minister of the Interior will inform the Ministry on which the organisation mentioned in paragraph (1) depends ratione materiae of the measures he has taken concerning the organisation.
40. Article 2. The present Ordinance comes into force on the day of its publication. After its coming into force any legislative measure in contradiction to it becomes without effect.
41. Article 3. The present Ordinance is to be applied by the Minister of the Interior.
42. 603. The provisions of Law No. XVII of 1938, as amended in 1946, have continued to be applied since the promulgation of the Constitution of the Hungarian People's Republic of 20 August 1949. Under these provisions the Minister of the Interior ordered, particularly in 1948 and 1949, the dissolution of a number of associations which were not affiliated to legally recognised organisations.
43. 604. The Hungarian Constitution of 20 August 1949 "guarantees the right of association for the purposes of developing the social, economic and cultural activities of the workers ". In addition, it includes in article 56 (2) a provision laying down the principle, which has been applied in fact since 1945, of the unity of the trade union movement and its link with the democratic Popular Front.
44. 605. Articles 55 and 56 of the Hungarian Constitution of 20 August 1949, dealing with freedom of speech, freedom of the press and freedom of assembly are as follows:
45. 55. (1) In accordance with the interests of the workers the Hungarian People's Republic guarantees freedom of speech, freedom of the press and freedom of assembly.
46. (2) The State places at the disposal of the workers the material resources necessary for the enjoyment of the above right.
47. 56. (1) The Hungarian People's Republic Constitutionally guarantees the right of association for the purposes of developing the social, economic and cultural activities of the workers.
48. (2) In order to fulfil its tasks, the Hungarian People's Republic bases itself on the organisations of the class-conscious workers. In order to defend the People's Democracy, promote participation in the building up of socialism, widen the scope of cultural and educational work, implement the rights of the people and develop international solidarity, the workers establish trade unions, democratic organisations of women and young people and other mass organisations, which are grouped together in the democratic Popular Front. These organisations put into practice the close co-operation and democratic unity of the industrial, agricultural and intellectual workers. The leading force in such political and social activities is the working class, led by its advance guard and supported by the democratic unity of the whole people.
49. 606. The Constitution of the Hungarian trade unions defines the main purposes and tasks of the trade union movement, as well as its relations with the Democratic People's State and the Hungarian Workers' Party (Communist Party).
50. 607. The passages from the Constitution of the Hungarian trade unions concerning the objectives of trade unionism, the activities of the trade unions, the rights and obligations of members, the structure of the trade unions, the base organisations and the legal personality of trade unions are as follows:
51. PREAMBLE
52. ......................................................................................................................................................
53. Our State, the State of workers and working peasants fulfils the functions of the dictatorship of the proletariat. Thanks to the Soviet Union, which has unceasingly given us fraternal assistance, thanks to the accomplishment of our three-year plan, we have, under Communist leadership, reconstructed our country...
54. The Constitution of our People's Republic recapitulates the triumphs and magnificent victories of our working people in its progress towards the building of socialism. The Constitution proclaims:
55. " The Hungarian People's Republic is a State of workers and working peasants."
56. The Constitution assures to all workers the exercise of the widest democratic rights: freedom of expression, freedom of the press, freedom of assembly and freedom of association.
57. ......................................................................................................................................................
58. The Hungarian People's Republic defends the power and liberty of the Hungarian working people and the independence of the country; it opposes every form of exploitation of man and organises the forces of society for the construction of socialism.
59. For this reason Hungarian trade unions regard their essential task to be the consolidation of the power of the dictatorship of the proletariat and the continual reinforcement of our People's Republic.
60. The Hungarian trade unions are non-party organisations, mass social organisations, which include on the basis of the principle of voluntary membership broad classes of industrial and agricultural workers, salaried employees and intellectuals, without consideration of their membership of a political party, without distinction of race, nationality, sex or religious or political convictions.
61. The Hungarian trade unions accomplish their work under the leadership of the Hungarian Workers' Party, the directing power of our country and the organiser of our victories. The trade unions group about the Party, the working masses which they mobilise with a view to fulfilling and exceeding the people's economic plans, to constructing socialism and raising the material and cultural level of our people.
62. ......................................................................................................................................................
63. The trade unions educate their members in the spirit of Socialist patriotism, in a spirit of self-sacrifice, teach them how to defend Socialist property and to conform to the principles of labour discipline and to fulfil their obligations. With all their power and by using all their influence, they contribute to the defence of the Socialist Fatherland...
64. The Hungarian trade unions are faithful to the principle of proletarian internationalism, they are faithful to the powerful Soviet Union, they are affiliated to the World Federation of Trade Unions and to its trade departments, and recognise the obligation to apply the resolutions of the W.F.T.U and those of the leading organs of its international federations. They fight for the unity of the International Labour movement, for a lasting peace and for the democratic rights of workers of the whole world.
65. CHAPTER I. ACTIVITIES OF THE TRADE UNIONS
66. 1. With a view to the construction of socialism, the accomplishment and surpassing of the people's economic plans, the trade unions:
67. (a) organise and develop Socialist labour competition, the Stakhanovite movement and the movement for innovations, fight for better labour Organisation, for strengthening labour discipline, for improvement in the quality of production, for reduction of costs and waste, to increase labour productivity;
68. (b) facilitate the development of technical knowledge among the workers, popularise the latest conquests of science and technology, the experience of shock-workers; support the state authorities in the accomplishment of tasks of this kind;
69. (c) work out, in collaboration with the state authorities, the system of wages on the basis of the Socialist principle that remuneration for work should be in accordance with tire quantity and quality of the work done, and help to increase labour productivity;
70. (d) support the State in its work of distribution of manpower; help, by explanation, in the training and renewing of manpower, in accordance with the needs of economic life; participate in the selection and training of the technicians necessary for the construction of socialism;
71. (e) vigilantly defend the property of the working people against all destructive activities by the class enemy, fight against elements prejudicial to the economy and against sabotage;
72. (f) make proposals for the award of decorations and bonuses to workers who particularly distinguish themselves in their work.
73. ......................................................................................................................................................
74. CHAPTER II. RIGHTS AND OBLIGATIONS OF THE MEMBER
75. Any industrial and agricultural worker, any intellectual worker and salaried employee, any apprentice in industry and commerce, any student in high schools and technical schools who states to the trade union his intention of becoming a member, may become a member of the trade union.
76. ......................................................................................................................................................
77. 7. Obligations of the Member.
78. A member of the trade union:
79. (a) shall observe the provisions of the Constitution of the trade unions and satisfy the demands of trade union discipline; he shall regularly pay his trade union dues;
80. (b) defends and supports the State, the People's Democracy, the social and economic system of the country as well as the work of construction of socialism;
81. (c) strengthens and defends Socialist property, the wealth of the working people;
82. (d) carries out the clauses of the collective agreement, strengthens labour discipline;
83. (e) takes an active part in Socialist labour competition, in the struggle to increase labour productivity and to fulfil the plan;
84. (f) continually and regularly develops his technical qualifications.
85. ......................................................................................................................................................
86. CHAPTER III. STRUCTURE OF THE TRADE UNIONS
87. 14. The Hungarian trade unions are constructed on the basis of the principles of democratic centralism. In accordance with these principles:
88. (a) all trade union organs, from the lowest to the highest level, are elected by the members; these organs are responsible for their work to all the members;
89. (b) trade union organs shall take decisions concerning the whole of trade union work, in accordance with the Constitution and with the decisions of higher organs;
90. (c) the lower trade union organ is subject to the decision of the higher trade union organ;
91. (d) trade union organs take their decisions on the basis of a simple majority; the decision of the majority is obligatory upon the minority; for a decision to be valid, the presence of the majority of the members and of the elected leaders is necessary.
92. 15. All trade union organs are in close contact with the workers. In their activity they apply and develop the widest trade union democracy. In preparing and organising the selection of candidates, elections and reporting sessions, they encourage the initiative of the workers and make it fully possible for the members to exercise criticism and self-criticism.
93. ......................................................................................................................................................
94. 17. The highest authority of the trade unions is the National Congress of Trade Unions, which elects the Central Council of Trade Unions. In the interval between two congresses the Central Council of Trade Unions directs and supervises the work of the federal bureau of each trade union and departmental councils of the trade unions.
95. 18. Shop committees, works committees, local committees, departmental trade union councils, the federal bureaux of the trade unions, as well as the Central Council of Trade Unions, are elected by secret ballot by the members of the trade unions or their delegates respectively. At the time of the elections the members of the trade unions and their delegates have the right to propose candidates, to make criticism of any of the candidates, and to propose the rejection of the latter.
96. ......................................................................................................................................................
97. CHAPTER VIII. BASIC ORGANISATIONS OF THE TRADE UNIONS
98. 43. The basic organisation of the trade union is composed of members working in the same plant (enterprise, institution, office, mine, construction site, railway and agricultural enterprise, etc.) or within a certain area. In all plants (institutions, offices, etc.) where the number of organised workers is more than 30, a basic organisation of the trade union is formed. Where the number of trade union members is not higher than 30, the basic organisation-which is then called local group-is constituted by towns, localities, or other territorial unit.
99. 44. ...The tasks of the leadership of the basic organisation (works committee, trade union committee, leadership of the local group) are: to organise Socialist labour competition in the plant, to conclude collective agreements with the management of the enterprise, to supervise the application of the clauses of the collective agreements; to assure the social protection of the workers; to give effect to the requests, complaints and proposals of the workers; to help workers with a view to raising their political, cultural and vocational level and the development of their activities; to convene the meetings to elect the leadership and the delegates; to convene the various trade union meetings; to organise the election of shop committees; to select and educate large numbers of activists; to direct the economic affairs of the basic Organisation; to keep a list of the members.
100. ......................................................................................................................................................
101. CHAPTER X. THE LEGAL PERSONALITY OF THE TRADE UNIONS
102. 61. The Central Council of the Trade Unions and its regional organisations, the central organs, the regional organs and the basic organs of the various trade unions have legal personality.
103. ......................................................................................................................................................
104. 63. The various trade unions prepare their Constitutions and submit them to the Central Council of Trade Unions for approval. The present Constitution serves as a guiding principle in this preparation. The provisions of the Constitutions of the various trade unions cannot contradict the present Constitution.
105. 64. The Constitution of the Hungarian trade union movement is obligatory on all trade union organs and all trade union members.
106. ......................................................................................................................................................
107. 608. Certain amendments were made to the Constitution of the Hungarian trade unions by the XVIIIth Congress of the Hungarian Trade Unions (27 February-1 March 1953). The text of these amendments is not available to the Office, but a passage from a report of the work of the XVIIIth Congress, which appeared in the Information Bulletin of the Hungarian Trade Unions, containing a summary of the decisions concerning the amendment of the Constitution, is as follows:
108. The new Constitution places more emphasis on provisions to develop internal democracy in the trade unions. A new article in Chapter I states that each organised worker has the right to appeal to any trade union authority to obtain assistance in the defence of his rights. Article 11 (a) of Chapter II of the new Constitution states that " trade union organs shall account for their activity to the members ". Contrary to the previous Constitution, article 16 of Chapter II states that plenary meetings, such as the General Assembly, the delegates' meeting and the Congress are the supreme directive organs of the respective trade union organisations.
109. Under the previous Constitution 30 members were necessary to form a basic organisation of the trade union. Under the new Constitution 25 members will be enough from now on. A second amendment to Chapter V prescribes the election of a social security delegate and an unpaid inspector for safety measures in each basic Organisation of the trade union.
110. The amendments to the Constitution also reflect the change in the role and tasks of the trade unions. Thus, among the tasks of the trade unions, the new Constitution states that " the trade unions create and maintain rest homes and sanatoria " and that they " organise social supervision by the workers over workers' canteens and stores ". Contrary to the former Constitution, which stated that the Central Council of Trade Unions was charged with concluding collective agreements, the new Constitution lays down that the Central Council of Trade Unions presides over the elaboration and conclusion of collective agreements, which should be concluded by the trade unions and the works committees.
111. 609. The Labour Code of 1951 contains certain provisions defining the competence of the trade unions, in particular concerning the collective bargaining and wage regulation.
112. 610. These provisions are as follows:
113. CHAPTER II. REGULATION OF EMPLOYMENT RELATIONS
114. §6. (1) Employment relations are governed by laws, legislative decrees and ordinances, and by collective agreements, administrative decisions and employment rules made thereunder.
115. (2) The organs of the State regulate conditions of employment and wages in conjunction with the National Trade Unions Council, the trade unions and the workers' representation bodies.
116. Collective Agreements
117. §7. (1) By means of the system of collective agreements the Hungarian People's Republic gives the workers a possibility of participating directly in determining their conditions and terms of employment. It secures for the workers the right of popular control over the operation of the Socialist undertaking.
118. (2) The collective agreements mobilise the workers, in the interests of the Socialist construction, to fulfil the economic plans.
119. (3) In the collective agreement the director of the undertaking undertakes to provide such conditions as will make it possible to fulfil or exceed the plans, improve working conditions, carry out the commitments of the undertaking in respect of welfare and safety, and raise the material and cultural level of the workers. In the collective agreement the workers assume the obligation of fulfilling or exceeding the plans.
120. (4) The collective agreement also contains the scale of wages applicable in the undertaking (s. 64).
121. §8. The collective agreement shall be signed by the works committee in the name of the workers and by the director of the undertaking.
122. §9. (1) The guiding principles to be followed when making collective agreements shall be laid down by the competent Minister in agreement with the trade union.
123. (2) The draft collective agreement shall be thoroughly discussed by the workers. They shall be entitled to suggest amendments and modifications.
124. (3) The collective agreement shall not take effect until it has received the joint approval of the competent Minister and the trade union.
125. (4) The collective agreement shall be made known to the workers and displayed in the workplaces.
126. (5) The competent Minister and the trade union shall supervise the operation of the collective agreement.
127. §10. The collective agreement shall not contain anything contrary to any law, ordinance or administrative decision. Any such clause shall be null and void.
128. ......................................................................................................................................................
129. CHAPTER VI. WAGES
130. ......................................................................................................................................................
131. Fixing of Wages
132. §64. (1) The Council of Ministers shall by ordinance fix the wage rates (wage scale).
133. ......................................................................................................................................................
134. 611. Ordinance No. 30/1951 of 31 January 1951 concerning the application of the Labour Code also contains certain provisions concerning collective agreements as follows:
135. Collective Agreements
136. §2 (1) The draft collective agreement is prepared by the manager of the enterprise and by the works committee. It must be discussed at meetings at the workplace. The draft, as modified or completed in accordance with comments and proposals presented at the meetings, is submitted to the General Assembly of the enterprise. The final text of the agreement is established by taking into account the comments and proposals presented at the General Assembly. The final text adopted by the General Assembly is signed by the manager of the enterprise and by the delegates of the works committee.
137. (2) The collective agreement is submitted for approval to the competent Minister and to the trade union concerned.
138. (3) The competent Minister and the trade union concerned must examine the collective agreement and pronounce approval within seven days. Before giving their approval, one or other may request that the agreement shall be completed or amended. The approved collective agreement must be registered and its approval must be announced in the " Bulletin of the National Commission on Wages ". It cannot be put into force before this announcement is published.
139. (4) The approved collective agreement cannot, during the period it is valid, be modified or completed except by agreement between the two parties. Amendments and additions are only valid after approval by the Minister and the trade union concerned, and announcement of the approval in the " Bulletin of the National Commission on Wages ".
140. §3. The manager of the enterprise and the works committee must make a report every three months to the General Assembly of the enterprise on the carrying out of the obligations undertaken in the collective agreement for the three months just expired. The workers may discuss the report.
141. §4. (1) Work relations are governed by administrative decisions taken, in their respective fields, by the competent Minister, the National Commission on Wages, the Office of Reserve Manpower and the Central Trade Union Office of Social Insurance of the Railways (Government Ordinance No. 4194-1949 of 7 August 1949, Ordinance of the Council of Ministers No. 8/1950 of 8 January 1950, Decree-Law No. 36-1950, Ordinance of the Council of Ministers No. 238/1950 of 23 December 1950).
142. (2) Administrative decisions governing work relations may not contain any provision contrary to a law or an ordinance.