Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Hungary (Ratification: 1956)

Article 2(2)(c) of the Convention. 1. Work of prisoners for private companies. In its earlier comments, the Committee referred to the national provisions allowing law enforcement authorities to conclude agreements with private companies concerning the work of prisoners (section 101(3) of Order No. 6/1996 (VII 12) of the Ministry of Justice on the implementation of provisions concerning prison sentences and detention). The Committee also noted that, pursuant to section 33(1)(d) of Law-Decree No. 11 (1979) on the execution of prison sentences, convicts have to carry out their work assignments given to them in accordance with their vocational qualifications and abilities. The Government indicated that, in practice, only those convicts who expressly ask for a job may be given work assignments, as the number of job opportunities was lower than the number of convicts applying for a job. The Government indicated that convicts did not have an obligation to work, but work may be assigned to them at their request. In order to get a work assignment, convicts must apply for a particular job by signing an application form, which should be examined by admission and employment committees of penitentiary institutions. The Government stated that prisoners work under conditions approximating a free employment relationship, as regards occupational safety and health, working time and rest periods, paid leave, as well as a wide range of health-care provisions and accident-related benefits within the scope of social security benefits. Noting that the Government was pursuing amendments to Law-Decree No. 11 (1979) on the execution of prison sentences, the Committee expressed the hope that measures would be taken to include into the revised legislation a provision requiring free and informed consent for the work of prisoners for private companies, both inside and outside prison premises, so as to bring legislation into full conformity with the Convention and the indicated practice.

The Committee notes the Government’s indication that Law-Decree No. 11 (1979) was amended on 1 January 2012. In this regard, the Committee notes with satisfaction that these amendments included the insertion of section 44(5) of Law Decree No. 11 (1979), which states that a prisoner may work at an external business enterprise with the written consent of the prisoner. Section 44(5) further states that if the prisoner revokes his or her consent, the provisions of the Labour Code on termination of employment shall be applicable, with a notice of cancellation of 30 days. The Committee also notes the Government’s indication that Regulation No. 6/1996 of the Minister of Justice on the implementation of rules of conviction and preliminary arrest was also amended on 1 January 2012. The Government states that the amendment included the insertion of a new section 19(c), which states that in order to designate a prisoner for work performed at an external business enterprise (pursuant to section 44 of Law-Decree No. 11 (1979)), the prisoner must make a statement at the time of reception indicating whether he or she consents to being employed in a business enterprise. The Government states that the new rules also state that in case of employment at an external business enterprise, the prisoner may withdraw his or her consent either verbally or in writing.

2. Labour for public interest performed by convicted persons placed at the disposal of private parties. The Committee previously noted the Penal Code provisions concerning labour for public interest, which is labour performed as a penal sanction, without deprivation of a person’s freedom and without remuneration, and which may be replaced by confinement in prison, if the convicted person fails to fulfil his or her labour obligations (sections 49–50 of the Penal Code). The Committee noted the Government’s indication that work performed as labour for public interest must be for the interest of the public and that the employer (which may be a public institution, or a private business organization) shall observe the safety provisions and ensure the same working conditions as those enjoyed by workers employed on the basis of a contract. The Government also indicated that, according to a 2008 study, probation officers approached municipal bodies or institutions to employ convicts in 60 per cent of cases, private business organizations in 10.9 per cent of cases, and various non-public associations and foundations in 9.3 per cent of cases. The Committee expressed the hope that measures would be taken to introduce a requirement of the informed voluntary consent of convicted persons sentenced to community service to work for a private employer.

The Committee notes the Government’s statement that section 7(1) of Act II of 2012 (on offences, infringement procedures and an infringement registration system) provides for the possibility to impose community service as a penalty in the case of an offence, if the convicted person states that he or she consents to the imposition of community service work. In this regard, the Committee notes that section 104 of Act II of 2012 states that the refusal of consent by the convicted person precludes the imposition of community service. Moreover, the Government states that a convicted person may also choose to perform community service work instead of the payment of a fine. The Committee further notes the Government’s statement that if a convicted person fails to complete his or her community service work, or chooses not to, the penalty will be changed to another type of punishment.

Concerning the consent of persons sentenced to community work working for private enterprises, the Committee notes the Government’s indication that convicted persons must provide their consent to the probation officer concerning the forwarding of their relevant personal data to the designated place of work. The Government also states that convicted persons can request that the designated workplace be changed, under certain conditions. Taking due note of the information provided by the Government, the Committee requests the Government to provide information on the conditions under which the designated workplace can be changed at the request of the convicted person, and to provide copies of any relevant provisions in this regard.