Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Hungary (Ratification: 1928)

Coverage by social insurance of seasonal agricultural workers, seasonal workers in tourism and occasional workers. (a) Pension insurance. The Committee notes that, following the adoption in 2010 of Act No. LXXV on simplified employment, as of 1 April 2010, seasonal workers in agriculture and tourism and occasional workers are entitled exclusively to accidental health-care benefits among the accident benefits. The reason for this is that persons working in simplified employment are not regarded as insured eligible to the full scope of benefits, it being understood that, according to the general rules of social insurance, it is possible on the basis of an agreement to have access to benefits other than accidental health-care benefits.

The Committee understands therefore that, in its current state, the national legislation seems to allow all seasonal workers in agriculture and tourism and all occasional workers to be excluded from social insurance for the purpose of pension entitlements regardless of whether the work they perform is or is not related to their employer’s trade or business. The Committee observes in this respect that such exclusion would go beyond what is permitted by the Convention which only authorizes the exclusion of “persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer’s trade or business” (Articles 2(2)(a) of the Convention or Article 4(2)(a) of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121)). Recalling that Hungary is also party to the Workmen’s Compensation (Agriculture) Convention, 192l (No. 12), the Committee asks the Government to reconsider the situation with a view to limiting the categories of seasonal or occasional workers who may be excluded by law from pension insurance coverage to those authorized by Convention No. 17, and to report on the number of workers actually excluded from pension insurance.

(b) Health insurance. The Government indicates in its report that, following an amendment in 2011 of section 54 of the Act on simplified employment, in case of health impairment due to an accident at work or occupational disease, from 1 January 2012, the cost of the pharmaceutical products, medical supplies and health care prescribed, as well as the repair cost of medical devices, is fully supported by the social insurance. In case of an external impact recognized as an occupational accident (occupational disease) by a resolution, the costs of the necessary services will not be paid, not even if the service concerned is not compensated by social insurance at 100 per cent. The Committee asks the Government to clarify by way of practical examples in which cases the victims of occupational accidents and diseases within the above categories would not be entitled to all necessary medical care and devices free of charge.

Constant attendance by another person. The Committee requests the Government to indicate how the national legislation and practice give effect to Article 7 of the Convention which requires that in cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, additional compensation shall be provided.