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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Functions of labour inspectors in the area of freedom of association. The Committee takes note of the adoption of the Employment Supervision Act in 2020, which replaces the 1996 Labour Inspection Act, as well as of Government Decree No. 115/2021 on the activities of the employment supervisory authority. The Committee notes that the legislation does not expressly provide for the competence of the labour inspectorate in the area of freedom of association. The Committee notes that according to the information provided by the Government in the Individual Case Discussion by the Committee on the Application of Standards (CAS) in 2022, on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Treatment Authority was replaced by the Commissioner for Fundamental Rights as of 1 January 2021. The Commissioner for Fundamental Rights took over all the responsibilities of the Equal Treatment Authority, including its administrative powers. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Noting the legislative amendments, the Committee requests the Government to indicate whether the employment supervisory authority is entrusted with supervision and/or enforcement powers in relation to freedom of association. The Committee reiterates its request that the Government provide statistical information on relevant enforcement activities in practice, including, where applicable, information on the number of inspections, complaints made, subjects covered, and penalties imposed.

Articles 4 and 11 of Convention No. 81 and Articles 7 and 15 of Convention No. 129. Organization of the labour inspection services and allocation of sufficient budgetary resources for their effective functioning. In its previous comments, the Committee noted the integration of the labour inspection and occupational safety and health (OSH) units within the metropolitan and district administrative authorities (appointed as regional labour authorities) and requested the Government to provide information on how it is ensured that sufficient budgetary resources are allocated for labour inspection units as a result of their integration into the metropolitan and district administrative authorities. The Government indicates in its report that, as of 1 March 2020, the special function of district offices operating through county capitals has ceased and that the county government office exercises functions and authority (e.g. occupational safety duties) with county competence. It also indicates that the Minister of Innovation and Technology continues to exercise professional management of occupational supervisory authorities operated by both capital and county government offices. With respect to the budget allocation, the Government indicates that sufficient budgetary resources are provided from the budget of capital and county government offices to organization units carrying out official employment supervisory activities. In this respect, it indicates that when the government offices were set up, the operating budget of labour inspection organizations was integrated with the budget of government offices. The Committee requests the Government to continue to provide information on the organization and functioning of the labour inspection services and to provide detailed information on the amounts that are deemed sufficient budgetary resources, and the allocation of those resources for the effective functioning of the labour inspection services.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. System for the enforcement of administrative penalties. The Committee notes that the framework for the sanctioning regime applicable on the basis of the procedure of the employment supervisory authority is set through the Occupational Safety Act, the Sanctions Act, the Employment Supervision Act, the Government Decree No. 115/2021 and the Code of General Administrative Procedure. The Government indicates that the legislation regulates the applicability of the penalties, the overall amount of the imposable fine, as well as the gradation of fines, based also on discretionary criteria (for example repetition of infringements). The Government also indicates that the new regulation of the employment supervisory authority assigns priority to managing the infringement of informal employment. It adds that for the failure to pay wages, the tax authority is competent to enforce administrative decisions in accordance with the Code of General Administrative Procedure. The Committee requests the Government to indicate how it is ensured that penalties of labour law violations are effectively enforced.The Committee also requests the Government to continue to provide detailed information indicating the number of labour law violations identified, the nature of such violations (wages, working time, occupational safety and health, and others), as well as the number of penalties imposed and the amount of fines paid.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the activities of the labour inspection services. The Committee notes with interest thatthe annual reports on labour inspection activities for 2012-2020 were communicated to the Office with the Government report. The Committee notes that the reports contain information on the staff of the labour inspection service (Article 21(b)) of Convention No. 81 and Article 27(b)) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) of Convention No. 81 and Article 27(c)) of Convention No. 129); statistics of inspection visits (Article 21(d)) of Convention No. 81 and Article 27(d)) of Convention No. 129); and statistics of violations and penalties imposed (Article 21(e)) of Convention No. 81and Article 27(e)) of Convention No. 129). However, the Committee notes that the report does not contain information on statistics of occupational accidents (Article 21(f)) of Convention No. 81 and Article 27(f)) of Convention No. 129); and statistics of occupational diseases (Article 21(g)) of Convention No. 81 and Article 27(g)) of Convention No. 129). The Committee requests the Government to continue to regularly publish and communicate to the ILO the annual labour inspection reports and to ensure that they include all the information required by Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Capacities of labour inspectors to carry out effective inspections in the agricultural sector. The Government indicates that one of the priorities of the National Occupational Health and Safety Policy (NOHSP) adopted in 2016, is strengthening the professional conditions of the integrated occupational safety authority, and that for inspectors of the occupational safety authority, agriculture is one of the prioritized sectors. The Government indicates that the Department for Occupational Safety of the State Secretariat for Employment Policy of the Ministry for Innovation and Technology supports the occupational safety activities of government offices with the publication of methodological guidelines, professional recommendations and information materials, the holding of consultations and the evaluation of professional work, including with reference to agricultural work in particular. Furthermore, it organizes the training of government officials involved in the occupational safety activities of Government offices. In this respect, the Committee notes that the internal textbook entitled “Occupational Safety in Agriculture” was completed in 2021 for occupational safety inspectors, which is also used in training. The Committee requests the Government to provide information on whether the training provided to labour inspectors regarding occupational safety in agriculture, touches upon specific issues relevant to the sector, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Labour Inspection Act, which entrusted labour inspectors, among other things, with the control of the work and residence permits of foreign workers, and the notification to the immigration police of any decision concerning the infringement of the provisions on the employment of foreign workers, has been repealed. The Committee notes that the functions entrusted to labour inspectors are now defined in the Employment Supervision Act and the Decree No. 115/2021. Under this Decree, the employment supervision authority, in the context of the control of regularity of employment, is tasked to regulate and control the work permit of third-country nationals. The Government indicates that, as of 1 March 2021, section 10(2) of the Employment Supervision Act introduced a new rule to ensure further protection of employees’ rights. If the employer fails to meet its reporting obligation related to the establishment of a legal relationship involving employment, the employment supervisory authority determines the existence of a legal relationship involving employment from the thirtieth day calculated retroactively from the start of the infringement, unless it is established during the administrative procedure, that failure to report employment exceeded thirty days. The Committee also notes that according to section 15 of the Decree No. 115/2021, if the employment supervisory authority establishes a violation of the legislation concerning the employment of a third-country national, it shall send its final decision to the immigration enforcement authority. The Committee notes that the proportion of workers in an irregular situation employed in agriculture increased noticeably from 2018 to 2020. Out of 5,267 employees checked in 2018, 1,065 were found to be in an irregular situation (20.22 per cent), while in 2020, out of the 3,613 employees checked, 859 were found to be in an irregular situation (23.78 per cent). The Committee notes that the Government does not provide information as to the number of cases in which such workers have been granted their due rights. Regarding the manner in which it is ensured that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, the Committee takes note of the provisions of the Act CLXV of 2013 on complaints and whistleblowing, the Employment Supervision Act, and the Code of General Administrative Procedure which set out rules relating to the confidential processing of data. The Committee once again requests the Government to take measures to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, the additional functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers. In that regard, the Committee requests that the Government provide information on the proportion of labour inspectors’ time that is spent on functions related to control of regularity of employment, including work permit regulation for third party nationals. In addition, the Committee requests the Government to provide further information on the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to the statutory rights of workers found to be in an irregular situation (such as the payment of wages and any other benefits owed for the period of their effective employment relationship), especially in the context of the possibility of retroactive determination of the existence of a legal relationship provided for in the legislation. Noting the increased proportion of irregular workers employed particularly in the agricultural sector, the Committee reiterates its request that the Government provide specific 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.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee notes that the number of labour inspectors continued to decrease, from 368 in 2017 to 300 in 2021. At the same time the number of inspections conducted and violations detected also continued to decrease, from 14,298 inspections and 10,407 cases of irregularities in 2018 to 9,462 inspections and 6,649 cases of irregularities in 2020, and to 2,523 inspections and to 1,791 cases of irregularities in the first half of 2021. The Government indicates that the decline in the number of inspections in the years 2020 and 2021 are also attributable to consequences of the COVID-19 pandemic, reporting that employers suspended or reduced certain activities, and a substantial share of capacities of the occupational safety authority was allocated to investigation of suspected cases of occupational disease related to COVID-19. The Committee notes that the Government report and the labour inspection reports do not include statistics on accidents and diseases. Noting the continuing decline in the number of inspectors as well as the decrease in the number of inspections and detected violations over a four-year period, the Committee once again requests that the Government take the necessary measures to ensure that the number of labour inspections are adequate to ensure the effective protection of workers. The Committee requests the Government to continue to provide statistical information on the number of labour inspectors, inspection visits, violations detected and penalties imposed. The Committee requests the Government to provide information on the number of occupational accidents and diseases.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Functions of labour inspectors in the area of freedom of association. The Committee notes the Government’s indication in its report, in reply to its previous request, that following legislative changes to the Labour Inspection Act LXXV of 1996, the labour inspectorate no longer has any competence in the area of freedom of association. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the powers of the Equal Treatment Authority in the area of anti-union discrimination and the request made by the Committee concerning effective enforcement procedures in relation to acts of interference. The Committee requests the Government to provide information on the existing enforcement mechanisms in relation to freedom of association, and the agencies responsible in this area. The Committee also requests the Government to provide statistical information on relevant enforcement activities in practice, including, where applicable, information on the number of inspections, complaints made, subjects covered, and penalties imposed.

Articles 4 and 11 of Convention No. 81 and Articles 7 and 15 of Convention No. 129. Organization of the labour inspection services and allocation of sufficient budgetary resources for their effective functioning. The Committee previously noted the reorganization of the labour inspection services under the Ministry for National Economy, including the integration of the labour inspection and occupational safety and health (OSH) units within the metropolitan and district administrative authorities (appointed as regional labour authorities). It notes the Government’s indication that while these units report to, and receive professional guidance from, the Employment Supervision Department and the OSH Department of the Ministry for National Economy, acting as the central labour authority, they receive their material resources (including office space and transport facilities) from the metropolitan and district administrative authorities. The Committee notes the Government’s indication that the required budget for the metropolitan and district administrative authorities is provided annually, but without specifications concerning its allocation. The Committee requests the Government to provide information on how it is ensured that sufficient budgetary resources are allocated for labour inspection units as a result of their integration into the metropolitan and district administrative authorities.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the information provided by the Government, in response to its previous request, on the cooperation between the labour inspection services and the judicial authorities, including the publication of judicial decisions on the website of the courts, and the presentation of instructive legal cases on the intranet of the OSH authority.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. System for the enforcement of administrative penalties. The Committee notes the Government’s indications, in response to the Committee’s request, concerning the enforcement procedure for administrative penalties in relation to labour law violations. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the level of penalties and fines which may be applied by the public authorities is insufficient. In this context, the Committee also notes the Government’s indication that pursuant to section 6/A(2) of the Labour Inspection Act, a fine shall not be imposed if the employer pays outstanding wages within the deadline set by the labour inspectorate. In its 2017 General Survey concerning certain occupational safety and health instruments, paragraph 471, the Committee recalled that it is essential for the credibility and effectiveness of regulatory systems that penalties are sufficiently dissuasive and that they are defined in the national legislation in proportion to the nature and gravity of the offence. The Committee requests the Government to indicate how it is ensured that penalties for labour law violations, including in the area of the payment of wages, are sufficiently dissuasive, and are effectively enforced.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the activities of the labour inspection services. The Committee notes that while no annual labour inspection reports were submitted, the Government has provided statistical information in its reports under Conventions Nos 81 and 129 on the subjects listed in Article 21(a),(b),(d),(e) and (f) of Convention No. 81 and Article 27(a),(b),(d),(e) and (f) of Convention No. 129. Noting that labour inspection reports have not been received since 2009, the Committee once again requests 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 Convention No. 81 and Article 26 of Convention No. 129, which include information on all the items under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Capacities of labour inspectors to carry out effective inspections in the agricultural sector. The Committee notes the Government’s indication, in reply to the Committee’s request, that no specific training on labour matters in the agricultural sector were provided to labour inspectors, as the national labour inspection system covers all economic sectors. The Committee requests the Government to provide information on whether the general training provided to labour inspectors also touches upon issues that are particularly relevant to agriculture, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted that combating illegal employment was a priority for labour inspection, and that the labour inspection services were regularly associated in joint inspections to eradicate illegal migration, among others, in cooperation with the police and the custom authorities. In this respect, the Committee notes the Government’s reference to the Labour Inspection Act, which entrusts labour inspectors, among other things, with the control of the work and residence permits of foreign workers, and the notification to the immigration police of any decision concerning the infringement of the provisions on the employment of foreign workers (sections 3(1)(i) and 7/A(7) of the Labour Inspection Act).

The Committee once again notes that the Government has not provided the information requested on the role of labour inspectors in granting foreign workers in an irregular situation their due rights resulting from their employment relationship. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect it stated in its 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee also recalls that in its 2017 General Survey on certain occupational safety and health instruments, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452) or that their complaint will not be kept confidential. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to indicate the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to any statutory rights workers may have in an irregular situation for the period of their effective employment relationship. It urges the Government to 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. In addition, the Committee requests the Government to provide information on the manner in which it ensures that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Articles 10 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee previously noted a significant decrease in the number of labour inspectors from 696 to 401 between 2008 and 2013. In this respect, the Committee noted that the comments of the workers’ representatives of the Tripartite National ILO Council (included in the Government’s reports) had indicated that this decrease had compromised the efficiency of inspections as shown by the increase in the number of industrial accidents and violations detected in recent years. On the other hand, the Committee noted the Government’s reply to these comments indicating that the increased number of violations detected was in fact a result of the enhanced efficiency of inspections due to the establishment of labour inspection priorities which were determined by annual labour inspection plans (focused on high risk sectors).

The Committee notes with concern from the statistics provided in the Government’s report that the number of labour inspectors continued to decrease to 393 labour inspectors (as of May 2017), and that the number of occupational accidents increased between 2010 and 2016 from 19,948 per year to 23,027. The Committee recalls from its 2017 General Survey on certain occupational safety and health instruments, paragraph 441, that focusing inspections on the most hazardous workplaces must not diminish the overall resource commitment of the labour inspectorate. Noting the significant decline in the number of inspectors since 2008, as well as the increase in the number of occupational accidents reported, the Committee requests the Government to take the necessary measures to ensure that the number of labour inspections are adequate to ensure the effective protection of workers. The Committee requests the Government to continue to provide statistical information on the number of labour inspectors, inspection visits, violations detected and penalties imposed. It also requests the Government to continue to provide information on the number of occupational accidents, and to provide an explanation for their increased number in recent years.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Functions of labour inspectors in the area of freedom of association. The Committee notes the Government’s indication in its report, in reply to its previous request, that following legislative changes to the Labour Inspection Act LXXV of 1996, the labour inspectorate no longer has any competence in the area of freedom of association. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the powers of the Equal Treatment Authority in the area of anti-union discrimination and the request made by the Committee concerning effective enforcement procedures in relation to acts of interference. The Committee requests the Government to provide information on the existing enforcement mechanisms in relation to freedom of association, and the agencies responsible in this area. The Committee also requests the Government to provide statistical information on relevant enforcement activities in practice, including, where applicable, information on the number of inspections, complaints made, subjects covered, and penalties imposed.

Articles 4 and 11 of Convention No. 81 and Articles 7 and 15 of Convention No. 129. Organization of the labour inspection services and allocation of sufficient budgetary resources for their effective functioning. The Committee previously noted the reorganization of the labour inspection services under the Ministry for National Economy, including the integration of the labour inspection and occupational safety and health (OSH) units within the metropolitan and district administrative authorities (appointed as regional labour authorities). It notes the Government’s indication that while these units report to, and receive professional guidance from, the Employment Supervision Department and the OSH Department of the Ministry for National Economy, acting as the central labour authority, they receive their material resources (including office space and transport facilities) from the metropolitan and district administrative authorities. The Committee notes the Government’s indication that the required budget for the metropolitan and district administrative authorities is provided annually, but without specifications concerning its allocation. The Committee requests the Government to provide information on how it is ensured that sufficient budgetary resources are allocated for labour inspection units as a result of their integration into the metropolitan and district administrative authorities.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the information provided by the Government, in response to its previous request, on the cooperation between the labour inspection services and the judicial authorities, including the publication of judicial decisions on the website of the courts, and the presentation of instructive legal cases on the intranet of the OSH authority.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. System for the enforcement of administrative penalties. The Committee notes the Government’s indications, in response to the Committee’s request, concerning the enforcement procedure for administrative penalties in relation to labour law violations. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the level of penalties and fines which may be applied by the public authorities is insufficient. In this context, the Committee also notes the Government’s indication that pursuant to section 6/A(2) of the Labour Inspection Act, a fine shall not be imposed if the employer pays outstanding wages within the deadline set by the labour inspectorate. In its 2017 General Survey concerning certain occupational safety and health instruments, paragraph 471, the Committee recalled that it is essential for the credibility and effectiveness of regulatory systems that penalties are sufficiently dissuasive and that they are defined in the national legislation in proportion to the nature and gravity of the offence. The Committee requests the Government to indicate how it is ensured that penalties for labour law violations, including in the area of the payment of wages, are sufficiently dissuasive, and are effectively enforced.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the activities of the labour inspection services. The Committee notes that while no annual labour inspection reports were submitted, the Government has provided statistical information in its reports under Conventions Nos 81 and 129 on the subjects listed in Article 21(a),(b),(d),(e) and (f) of Convention No. 81 and Article 27(a),(b),(d),(e) and (f) of Convention No. 129. Noting that labour inspection reports have not been received since 2009, the Committee once again requests 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 Convention No. 81 and Article 26 of Convention No. 129, which include information on all the items under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Capacities of labour inspectors to carry out effective inspections in the agricultural sector. The Committee notes the Government’s indication, in reply to the Committee’s request, that no specific training on labour matters in the agricultural sector were provided to labour inspectors, as the national labour inspection system covers all economic sectors. The Committee requests the Government to provide information on whether the general training provided to labour inspectors also touches upon issues that are particularly relevant to agriculture, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted that combating illegal employment was a priority for labour inspection, and that the labour inspection services were regularly associated in joint inspections to eradicate illegal migration, among others, in cooperation with the police and the custom authorities. In this respect, the Committee notes the Government’s reference to the Labour Inspection Act, which entrusts labour inspectors, among other things, with the control of the work and residence permits of foreign workers, and the notification to the immigration police of any decision concerning the infringement of the provisions on the employment of foreign workers (sections 3(1)(i) and 7/A(7) of the Labour Inspection Act).

The Committee once again notes that the Government has not provided the information requested on the role of labour inspectors in granting foreign workers in an irregular situation their due rights resulting from their employment relationship. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this respect it stated in its 2006 General Survey, Labour inspection, paragraph 78, that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee also recalls that in its 2017 General Survey on certain occupational safety and health instruments, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452) or that their complaint will not be kept confidential. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to indicate the manner in which the labour inspectorate discharges its primary duties in ensuring the enforcement of employers’ obligations with regard to any statutory rights workers may have in an irregular situation for the period of their effective employment relationship. It urges the Government to 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. In addition, the Committee requests the Government to provide information on the manner in which it ensures that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Articles 10 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee previously noted a significant decrease in the number of labour inspectors from 696 to 401 between 2008 and 2013. In this respect, the Committee noted that the comments of the workers’ representatives of the Tripartite National ILO Council (included in the Government’s reports) had indicated that this decrease had compromised the efficiency of inspections as shown by the increase in the number of industrial accidents and violations detected in recent years. On the other hand, the Committee noted the Government’s reply to these comments indicating that the increased number of violations detected was in fact a result of the enhanced efficiency of inspections due to the establishment of labour inspection priorities which were determined by annual labour inspection plans (focused on high risk sectors).

The Committee notes with concern from the statistics provided in the Government’s report that the number of labour inspectors continued to decrease to 393 labour inspectors (as of May 2017), and that the number of occupational accidents increased between 2010 and 2016 from 19,948 per year to 23,027. The Committee recalls from its 2017 General Survey on certain occupational safety and health instruments, paragraph 441, that focusing inspections on the most hazardous workplaces must not diminish the overall resource commitment of the labour inspectorate. Noting the significant decline in the number of inspectors since 2008, as well as the increase in the number of occupational accidents reported, the Committee requests the Government to take the necessary measures to ensure that the number of labour inspections are adequate to ensure the effective protection of workers. The Committee requests the Government to continue to provide statistical information on the number of labour inspectors, inspection visits, violations detected and penalties imposed. It also requests the Government to continue to provide information on the number of occupational accidents, and to provide an explanation for their increased number in recent years.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 3(1)(a) and (b) of the Convention. Functions of labour inspectors in the area of freedom of association. The Committee notes the observations made by the Tripartite National ILO Council, included in the Government’s report, that following modifications to Act LXXV of 1996 on labour inspection, the functions of the labour inspectorate in the area of freedom of association have been reduced (including the control of the entitlement of trade union officers to reduced working time for trade union activities, and the right of workers to obtain information and be consulted). The Tripartite National ILO Council asserts that judicial proceedings are lengthy, and that they are therefore no substitute for the effective enforcement of freedom of association rights. The Government indicates, in reply to these allegations, that there have only been an insignificant number of procedures in the area of freedom of association conducted by the labour inspectorate in past years; and that these procedures have not been necessarily more effective (for example, the decision of the labour inspectorate was non-binding and the courts have more extensive powers to procure evidence and render decisions). The Committee requests the Government to provide detailed information on the functions of labour inspectors in the area of freedom of association following the abovementioned legislative changes.

Article 3(1) and (2). Additional functions entrusted to labour inspectors. The Committee previously noted that combating illegal employment continued to be a priority for labour inspection. It understands from the Government’s indications, in reply to its previous request concerning the scope and nature of the function of labour inspectors and the cooperation with other authorities in this regard, that: (i) labour inspectors are entrusted with the control of the legislation concerning work and residence requirements for foreign nationals; (ii) they have the power to impose fines on employers in the event of non-compliance with these requirements; (iii) the labour inspection services are regularly associated in joint inspections to eradicate illegal migration carried out by the Integrated Control Centre, the Police, and the Custom Authorities; (iv) about 5 per cent of all labour inspections are carried out jointly with other authorities; and that (v) labour inspectors also cooperate with the authorities providing protection and medical care to victims of human trafficking. Referring to its comments made in paragraph 78 of the 2006 General Survey on labour inspection, the Committee requests the Government to ensure that the functions relating to the prevention of irregular employment of foreign workers in an illegal situation do not interfere with the primary duties of labour inspectors or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

The Committee once again asks the Government to indicate the manner in which the labour inspectorate 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, and to 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 4. Organization of the labour inspection services. The Committee notes the Government’s indications that as of 2012, the former National Labour Inspectorate (OMMF) was integrated into the National Labour Office (NMH), which is the unified body responsible for employment policy, OSH and labour matters, vocational training and adult education under the Ministry for National Economy. It further notes that the Occupational Safety and Health and Labour Inspections Directorate (MMI) of the NMH is the body entrusted with labour inspection tasks. The Committee understands that MMI exercises authority and control over the occupational safety and labour matters agencies which are now integrated into the metropolitan and district administrative authorities. In this context, the Committee also notes that, while the occupational safety and labour matters agencies appear to report to the MMI, the government offices are now responsible for providing material conditions to labour inspectors.

The Committee also notes that pursuant to legislative amendments during the reporting period, certain workplaces, including those within the military, police and fire brigade services no longer come within the responsibility of the labour inspectorate, but other bodies entrusted with labour inspections therein. The Committee requests the Government to provide an organizational chart of the labour inspection services in its entirety, including those services responsible for labour inspections in mines, the military, police, fire brigade, penitentiary services, etc. The Committee also asks the Government to provide more detailed information on the procedures for the allocation of sufficient budgetary resources to the labour inspection services, following their integration into the metropolitan and district administrative authorities.

Article 5(a). Effective cooperation between the labour inspection services and the justice system. The Committee previously noted 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. It notes that the Government has not provided the requested information on further details concerning these measures. The Committee therefore once again requests the Government to provide detailed information on the cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint trainings on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Articles 17 and 18. System for the enforcement of administrative penalties. The Committee notes that following amendments to several laws, including to Act LXXV of 1996 on labour inspection, labour inspectors are no longer entrusted with conducting administrative offence procedures. It understands from the information in the Government’s report that labour inspectors have the power to issue fines in the event of non-compliance with certain legislative provisions, and that they are required to submit a relevant request to the responsible authority in the event of non-compliance with other legislative provisions. The Committee requests the Government to describe the system for the imposition and enforcement of penalties following the detection of labour law violations that qualify as administrative offences. In this regard, please provide information on the competent authority to conduct administrative offence procedures; indicate the legislative provisions in which labour inspectors have the power to issue fines themselves; and indicate the cases in which labour inspectors have to submit a request for the imposition of fines by the competent authority.

Articles 5(a), 20 and 21. Annual reports on the activities of the labour inspection services. The Committee notes the reports on the activities of the labour inspection services in OSH and labour matters for the first quarter of 2014. Noting that labour inspection reports have not been received for 2009, 2010, 2011, 2012 and 2013, the Committee requests 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 also requests the Government to provide a summary of these previous reports, if possible in one of the working languages of the ILO.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council of the Ministry of Social Affairs and Labour, which were included in the Government’s report, and the Government’s reply to these observations.

Legislation. The Committee notes the Government's indications that Act LXXV of 1996 on labour inspection was amended several times during the reporting period. It requests the Government to provide a copy of Act LXXV of 1996 in its current version.

Articles 3(1)(b), 7, 9 and 13 of the Convention. Labour inspection functions in the area of technical information and advice. Training. Activities aimed at the prevention of industrial accidents and cases of occupational disease. Association of duly qualified technical experts and specialists. The Committee notes the information provided by the Government in reply to its previous requests concerning the application of Articles 3(1)(b), 7, 9 and 13.

Articles 10 and 16. Number of labour inspectors and effectiveness of the labour inspection system. The Committee previously noted a significant decrease in the total number of labour inspectors from 696 to 538 between 2008 and 2011 (in 2011, there were 200 occupational safety and health (OSH) inspectors and 338 labour inspectors entrusted with labour matters). In this regard, the Committee notes the Government’s indications that the number of labour inspectors further decreased by about 200 during the reporting period. It notes that according to the statistics provided by the Government, the total number of labour inspectors was 401 in 2013 (that is, 149 OSH inspectors and 252 labour inspectors entrusted with labour matters). It notes that the Government indicates that this decrease is due to changes in the mandate of labour inspectors and the re-organization of the labour inspection services, and that the number of labour inspectors was determined on the basis of the duties they have to perform.

The Committee notes the reiterated observations made by the workers’ representatives of the Tripartite National ILO Council concerning the insufficient number of labour inspectors. They consider that this number is too low in comparison to the number of approximately 600,000 workplaces liable to inspection, especially in view of the number of industrial accidents, and that this compromises the efficiency of inspections, as is evidenced by the number of industrial accidents and the number of violations detected. The Committee notes that the Government indicates, in reply to these observations, that despite the decrease in the number of labour inspectors, labour inspections have become more efficient because they are now focused on the priorities as determined in the annual labour inspection plans. The Government further indicates that the increase in the number of violations detected is a result of the enhanced efficiency of labour inspections. The Committee requests the Government to provide statistical information from 2010 on the number of inspection visits carried out, the number of workplaces covered and the workers concerned by these inspections, statistics of violations detected and penalties imposed and statistics of industrial accidents and occupational diseases. Noting the Government’s indications that the number of labour inspectors was determined on the basis of the duties they have to perform, the Committee requests the Government to provide more details on the corresponding evaluation of the needs of the labour inspection system in terms of human resources.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council of the Ministry of Social Matters and Labour, which were attached to the Government’s report, and the Government’s reply to these observations.

Article 3(1)(b) of the Convention. Labour inspection functions in the area of technical information and advice. The Committee notes that, in reply to a request for further information by the workers’ representatives of the Tripartite National ILO Council, the Government indicates that the advisory functions envisaged in Article 3(1)(b) of the Convention are exercised only by Occupational Safety and Health (OSH) inspectors, through the Labour Protection Information Service and the Labour Protection Consultancy Service in regional labour inspectorates, while inspectors entrusted with labour matters do not provide advice to employers and workers.

The Committee recalls that in conformity with Article 3(1)(b) of the Convention, the functions of labour inspectors should include the supply of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions relating to conditions of work and the protection of workers while engaged in their work, in so far as such provisions are enforceable by labour inspectors. The Committee notes that since under section 3 of Act No. LXXV of 1996, labour inspectors are entrusted with the supervision of legal provisions in a number of areas beyond OSH (such as employment contracts, employers’ records, equality of treatment, the employment of women, young persons and people with disabilities, working time, the protection of trade union rights etc.), labour inspectors should be able to provide technical information and advice to employers and workers concerning the most effective means of complying with these legal provisions. While taking due note of the information provided by the Government on the promotional campaigns carried out by the labour inspectorate in the area of OSH, the Committee also recalls that as indicated in paragraph 99 of its General Observation of 2006 on Labour Inspection, while it is very important to make a special effort to carry out promotional campaigns to promote compliance with legal provisions on OSH, this approach should also include other important aspects of conditions of work, such as hours of work, leave, protection of wages, prohibition of discrimination, equality of remuneration for men and women for work of equal value and equality of treatment and protection of vulnerable categories of workers.

The Committee requests the Government to indicate the measures taken or envisaged so that inspectors in the area of labour matters are also entrusted with the function of providing technical information and advice to employers and workers in line with Article 3(1)(b) of the Convention, and to provide information on any progress made in this regard, including any promotional campaigns to promote compliance with legal provisions in areas other than OSH.

Please also indicate whether OSH inspectors can provide information and advice during inspection visits or only exercise these functions through the Labour Protection Information Service and the Labour Protection Consultancy Service.

Articles 7(3), 9, 10, 13 and 14. Association of duly qualified technical experts and specialists in the work of the labour inspectorate. Labour inspection activities aimed at the prevention of industrial accidents and cases of occupational disease. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council with regard to OSH inspectors not having the requisite expertise to detect potential hazards that lead to occupational diseases, particularly in relation to chemicals, and order measures to eliminate them. They consider that labour inspection reports do not reflect potential hazards and do not allow for the investigation of the causes of occupational diseases. They also consider it alarming that, in this context, the labour inspectorate employs external experts only for the investigation of fatal work accidents.

The Government indicates that all OSH inspectors have the requisite technical and/or occupational health and hygiene qualifications and have taken part in courses related to chemicals. The Government provides information on the length of training and the number of participants in training courses for OSH inspectors in 2008 and 2009, without indicating the content of such training, except in one case (training on asbestos). Taking into account the qualifications and training of labour inspectors, the Government is of the view that it is only necessary to associate external experts (such as experts in forensic medicine) in the work of the labour inspectorate in specific cases. The Government particularly refutes the allegation that hazards potentially leading to occupational diseases are not appropriately prevented and investigated. In this regard, the Government refers to Decree No. 27/1996 (VIII.28) NM of the Ministry of Welfare on the reporting and investigation of occupational diseases and cases of increased or high exposure (DRIOD), which empowers the Hungarian Institute for Occupational Safety and Health (HIOSH) to order the communication of additional data through examination by the OSH Inspectorate, the conduct of further examinations under its own responsibility, or the employment of external experts if it comes to the conclusion that data provided in a report on a suspected case of an occupational disease is not complete or that there are inconsistencies (section 5(8) of DRIOD No.27/1996). The Government adds that the existence of an occupational disease is determined by the social security body in a final decision following the procedure described in the above Decree.

The Committee would like to draw the Government’s attention to paragraphs 196–198 of its 2006 General Survey on labour inspection where it is indicated that, in order to be effective, the inspection of workplaces must permit the detection of potential hazards so that measures can be determined to eliminate or reduce them as far as possible. Such inspections often require a high level of expertise and are thus a matter for specialist technical advisers. Inspectors must collaborate with such technical advisers or experts in order to carry out technical inspections for which their own qualifications are not sufficient as provided for in Article 9 of Convention No. 81. The Committee also recalls that as indicated in paragraph 198 of its General Survey, national conditions permitting, it would be desirable that such technical advisers or specialists be integrated into the labour inspection teams.

The Committee requests the Government to provide information and data on the application in practice of legislation on the investigation of industrial accidents and cases of occupational disease (number of industrial accidents and cases of occupational disease reported to the labour inspectorate, number of investigations of industrial accidents and cases of occupational disease, findings and follow-up measures including sanctions imposed).

The Committee requests the Government to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers including measures with immediate executory force in the event of imminent danger to the health or safety of the workers as provided for in Article 13 of the Convention.

The Committee asks the Government to provide detailed information on the training provided to labour inspectors in the area of OSH during the next reporting period (content, duration, frequency and number of participants, etc.). Noting that according to the Government the highest number of occupational diseases had been caused by chemicals and biological agents in 2007 and 2008, the Committee asks the Government to provide in particular information on any related training provided to labour inspectors. If available, please send a copy of any legislative text (including any administrative decision or circular) on training arrangements for OSH inspectors.

Articles 10 and 16. Number of labour inspectors and effectiveness of the labour inspection system. The Committee notes that the workers’ representatives of the Tripartite National ILO Council deplore the insufficient numbers of inspectors. In this regard, it notes the information in the Government’s report showing a significant decrease in the total number of labour inspectors from 696 in 2008 to 538 in 2011, including a decrease in the number of inspectors entrusted with labour matters from 415 in 2008 to 338 in 2011 and a decrease in the number of OSH inspectors from 281 in 2008 to 200 in 2011. While noting the Government’s indication that the number of labour inspectors satisfies efficiency requirements, the Committee asks the Government to provide information on the impact of the reduction in labour inspectors on the work of the labour inspectorate. It would be grateful if the Government would carry out an evaluation of the needs of the labour inspection system in terms of human resources, both in the areas of OSH and labour matters, in the light of the criteria set in Article 10 of the Convention, in particular the number of workplaces liable to inspection and the number of workers employed therein, as well as the material means at their disposal.

The Committee is raising other points in a request addressed directly to the Government.

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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3, paragraph 1(a) and (b), of the Convention. Preventive measures in the area of occupational safety and health. The Committee notes the measures taken to improve levels of occupational safety and health, namely: (a) the unification of competence for inspections relating to occupational safety and health and general working conditions (Decree No. 295/2006 establishing the legal and institutional conditions for the uniform supervision of health and safety by regional inspectorates); (b) the reinforcement of inspections (inspections outside regular hours, inspections focusing on sectors in which employees are exposed to serious hazards, inspections in the priority sectors of agriculture, construction and processing industries); (c) more severe sanctions; (d) the publication of lists of employers which have violated health and safety regulations as a deterrent on the Ministry’s web site; and (e) the introduction of the “Partnership for Safe Employment” initiative. The latter initiative is intended to improve occupational safety and health, enhance the social responsibility of employers and disseminate good practices. This initiative consists of a voluntary commitment to compliance with the regulations respecting health, safety and labour conditions and this takes the form of a written agreement entitling employers to use the label “Safety Employment Partner” at their events and in the provision of their services. A list of employers which have signed the agreement is published on the web site of the labour inspectorate. These employers are provided with regular information on labour law provisions by the Government. Any violation of the respective requirements involves the risk of losing the right to use the label.

The Committee would be grateful if the Government would continue to provide information on any further measures adopted with a view to promoting a culture of good safety and health conditions in all workplaces and their impact.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 with interest 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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 1(a) and (b), of the Convention. Preventive measures in the area of occupational safety and health. The Committee notes with interest the measures taken to improve levels of occupational safety and health, namely: (a) the unification of competence for inspections relating to occupational safety and health and general working conditions (Decree No. 295/2006 establishing the legal and institutional conditions for the uniform supervision of health and safety by regional inspectorates); (b) the reinforcement of inspections (inspections outside regular hours, inspections focusing on sectors in which employees are exposed to serious hazards, inspections in the priority sectors of agriculture, construction and processing industries); (c) more severe sanctions; (d) the publication of lists of employers which have violated health and safety regulations as a deterrent on the Ministry’s web site; and (e) the introduction of the “Partnership for Safe Employment” initiative. The latter initiative is intended to improve occupational safety and health, enhance the social responsibility of employers and disseminate good practices. This initiative consists of a voluntary commitment to compliance with the regulations respecting health, safety and labour conditions and this takes the form of a written agreement entitling employers to use the label “Safety Employment Partner” at their events and in the provision of their services. A list of employers which have signed the agreement is published on the web site of the labour inspectorate. These employers are provided with regular information on labour law provisions by the Government. Any violation of the respective requirements involves the risk of losing the right to use the label.

The Committee would be grateful if the Government would continue to provide information on any further measures adopted with a view to promoting a culture of good safety and health conditions in all workplaces and their impact.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

The Committee notes the Government’s report for the period ending May 2006, as well as the activity report by the inspectorate for the metropolitan county of Pest. However, it notes that the Government has not provided the information requested on the implementation in law and in practice of the provisions of Article 12 of the Convention on labour inspectors’ powers of investigation, or on the changes in the functioning of the labour inspection system as a whole following the efforts made in legislative, judicial, structural and material terms, in the context of the harmonization required by European directives. The Committee hopes that the Government will not fail to provide detailed information in its next report in this regard, as well as a copy of any relevant text.

Article 3, paragraph 1(b), of the Convention. Technical information and advice to employers and workers. The Committee notes that, according to the report for 2005 by the labour inspectorate for the Pest region, most of the irregularities noted are due to a lack of knowledge of the labour legislation by employers. The Committee recalls that the Convention attaches the same importance to the supervisory function of labour inspectors as to their advisory role through the provision of technical information and advice, and that the Labour Inspection Recommendation, 1947 (No. 81), specifies the various forms of collaboration between officials of the labour inspectorate and organizations of employers and workers, during which questions concerning the enforcement of labour and occupational health and safety legislation can be discussed (Paragraph 6), as well as the measures by which employers and workers can be given advice and instruction in labour legislation and questions of industrial hygiene and safety: lectures, radio talks, posters, pamphlets and films explaining the provisions of labour legislation and suggesting methods for their application and measures for preventing industrial accidents and occupational diseases; health and safety exhibitions; and instruction in industrial hygiene and safety in technical schools (Paragraph 7). The Committee hopes that the Government will not fail to ensure that it takes advantage of this guidance and that it will provide information in its next report on any development in this regard.

Article 14. Use by the labour inspectorate of information concerning specific cases of occupational disease. The Committee notes the significant reduction in the number of workers suffering from occupational diseases in 2005 compared to previous years. However, it notes that the number of workers affected by certain infections – particularly those caused by biological factors – has not fallen. The Committee requests the Government to indicate the measures taken or envisaged to reduce as much as possible the occupational risks responsible for such pathologies or to indicate any difficulty encountered in this regard.

Article 3, paragraph 1(a), and Article 21. Content of the annual report on labour inspection activities. The Committee notes that the information contained in the labour inspectorate’s annual report for 2005 mainly concerns activities relating to health and safety. Noting that, in accordance with article 3 of Act LXXV of 1996, the labour inspectorate’s functions extend to other areas (employment contracts, compulsory employer records, equality of treatment, the employment of women, young persons and people with disabilities, working time, protection of trade union rights, etc.), the Committee requests the Government to ensure that future annual reports also cover these areas of competence of the labour inspectorate and that they indicate the level of effectiveness of its functioning so that ways of improving it can be considered in collaboration with employers and workers.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending May 2006, as well as the activity report by the inspectorate for the metropolitan county of Pest. However, it notes that the Government has not provided the information requested on the implementation in law and in practice of the provisions of Article 12 of the Convention on labour inspectors’ powers of investigation, or on the changes in the functioning of the labour inspection system as a whole following the efforts made in legislative, judicial, structural and material terms, in the context of the harmonization required by European directives. The Committee hopes that the Government will not fail to provide detailed information in its next report in this regard, as well as a copy of any relevant text.

Article 3, paragraph 1(b), of the Convention. Technical information and advice to employers and workers. The Committee notes that, according to the report for 2005 by the labour inspectorate for the Pest region, most of the irregularities noted are due to a lack of knowledge of the labour legislation by employers. The Committee recalls that the Convention attaches the same importance to the supervisory function of labour inspectors as to their advisory role through the provision of technical information and advice, and that the Labour Inspection Recommendation, 1947 (No. 81), specifies the various forms of collaboration between officials of the labour inspectorate and organizations of employers and workers, during which questions concerning the enforcement of labour and occupational health and safety legislation can be discussed (Paragraph 6), as well as the measures by which employers and workers can be given advice and instruction in labour legislation and questions of industrial hygiene and safety: lectures, radio talks, posters, pamphlets and films explaining the provisions of labour legislation and suggesting methods for their application and measures for preventing industrial accidents and occupational diseases; health and safety exhibitions; and instruction in industrial hygiene and safety in technical schools (Paragraph 7). The Committee hopes that the Government will not fail to ensure that it takes advantage of this guidance and that it will provide information in its next report on any development in this regard.

Article 14. Use by the labour inspectorate of information concerning specific cases of occupational disease. The Committee notes with interest the significant reduction in the number of workers suffering from occupational diseases in 2005 compared to previous years. However, it notes that the number of workers affected by certain infections – particularly those caused by biological factors – has not fallen. The Committee requests the Government to indicate the measures taken or envisaged to reduce as much as possible the occupational risks responsible for such pathologies or to indicate any difficulty encountered in this regard.

Article 3, paragraph 1(a), and Article 21. Content of the annual report on labour inspection activities. The Committee notes that the information contained in the labour inspectorate’s annual report for 2005 mainly concerns activities relating to health and safety. Noting that, in accordance with article 3 of Act LXXV of 1996, the labour inspectorate’s functions extend to other areas (employment contracts, compulsory employer records, equality of treatment, the employment of women, young persons and people with disabilities, working time, protection of trade union rights, etc.), the Committee requests the Government to ensure that future annual reports also cover these areas of competence of the labour inspectorate and that they indicate the level of effectiveness of its functioning so that ways of improving it can be considered in collaboration with employers and workers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the information submitted in reply to its previous direct request. It requests that the Government provide additional information in its next report on the following points.

1. Supervisory powers of labour inspectors. Please indicate the current legislative provisions which endow labour inspectors with the power to enter workplaces or premises and to carry out any examination, test or enquiry which they may consider necessary, as provided for in Article 12, paragraph 1, of the Convention.

2. Publication of an annual report. The Committee notes the annual reports submitted by the Government for 2001 and 2002 on the state of occupational health and safety. It notes that these reports contain detailed statistics concerning inspection activities in the field of occupational health and safety. The Committee requests the Government to indicate the measures taken or envisaged with a view to the publication and transmission to the ILO of a similar annual report on the other activities of the labour inspection service, in accordance with Articles 20 and 21 of the Convention.

3. With reference to its previous request, the Committee reminds the Government of its interest in any information on measures which may be taken to strengthen the efficiency of the inspection system. It requests the Government to describe any developments made in this regard over the reporting period (Part IV of the report form).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s replies to its previous comments and the Government’s reports on this Convention as well as the information supplied on the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee also takes note of the additional information supplied by other government sources concerning the far-reaching changes in labour administration with a view to the country’s forthcoming accession to the European Union and its implications for the organization and functioning of the labour inspectorate.

The Committee notes that profound changes in institutions and the labour law are under way or will be implemented in the near future in order to align them with European directives. The Committee notes with particular interest measures such as the strengthening and further training of inspection staff; the installation of an efficient computer system to which all labour inspectors ought to have access; and the strengthening of the labour courts, in particular by the training of labour court judges. The Committee would be grateful if the Government would supply information giving an up-to-date picture of developments in the labour inspection system in terms of institutions and their working, and human and material resources, in response to each question of the report form on the Convention under Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 16, 18 and 19 of the Convention, and to the questions under Parts I, II, III and IV of the report form. The Government is also requested to provide a copy of any legislation in force which gives effect to each of the abovementioned provisions and to those of Article 12.

Lastly, the Committee requests the Government to indicate the measures taken or envisaged to give effect to Article 20, which requires the central labour inspection authority to publish and send to the Office an annual report on the work of the inspection services under its control, and Article 21, which lists the subjects to be dealt with in the annual report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the reports of the Government for the period ending 31 May 1997.

1. The Committee requests the Government to provide information on the application of the following Articles of the Convention.

Article 5, paragraph (a), of the Convention. The Committee asks the Government to indicate the specific arrangements made by the competent authority in order to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities.

Article 5, paragraph (b). Please indicate other arrangements, in addition to those mentioned in the report, made by the competent authority in order to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Article 10. The Committee notes the indication of the Government's report that labour inspectorates in the counties employed 326 inspectors, and this number was expected to rise to 425 by 31 December 1997; and that the number of inspectors in the National Labour Inspectorate ("OMMF") across the country totalled 220 in 1996. The Committee recalls the indication in the Government's report under Convention No. 129 for the period from 31 May 1996 to 31 August 1998, that on 1 January 1998 a total of 388 labour safety and labour inspectors were conducting inspections, out of whom 61 were women. The Committee asks the Government to indicate: (i) the total number of labour inspectors in Hungary; (ii) their distribution among different inspection services and different counties; and (iii) the measures taken or envisaged in order to increase the number of labour inspectors.

Article 16. Please indicate what measures have been undertaken or are envisaged in order to increase the frequency of inspection visits.

Article 21. Please indicate what measures have been undertaken or are envisaged in order to include the statistics of occupational diseases in the annual general reports on the work of the labour inspection in the Republic of Hungary.

2. The Committee also requests the Government to provide further information on the following points:

Article 2, paragraph 2. Please indicate whether the mining undertakings subject to the inspection of the National Mining Authority, in respect of the matters not related to safety and health, are also subject to the general inspection exercised by OMMF.

Article 3, paragraph 1(b). The Committee asks the Government to provide information on the practical application of this provision and on the respective activities of the National Public Health and Medical Officer's Service ("ANTSZ").

Article 3, paragraph 1(c). Please indicate whether OMMF shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 3, paragraph 2. Please indicate the measures that have been undertaken or are envisaged in order to ensure that additional duties entrusted to ANTSZ do not interfere with the effective discharge of its primary duties related to occupational health/occupational hygiene.

Article 6. Please provide the description of the status and conditions of service of the officials of the inspection staff and indicate how they are assured of stability of employment, of independence of changes of government and of improper external influences.

Article 9. Please indicate the measures undertaken or envisaged by the Government in order to ensure that duly qualified outside technical experts and specialists, who are not members of the inspection staff, are associated with the work of inspection.

Article 15, paragraph (a). Please indicate whether the national legislation prohibits labour inspectors from having other types of interests in the undertakings under their supervision (e.g. ownership interest, interest based on family relations, etc.), in addition to those mentioned in the report, and what procedure shall be followed by the labour inspector in case of existence of any such interest (disclosure of existence of interest, refrain from conduct of inspection, etc).

Article 15, paragraph (b). The Committee asks the Government to indicate the duration of the duty of labour inspectors not to reveal any manufacturing or commercial secrets or working process after leaving the labour inspection service.

Article 15, paragraph (c). Please indicate what kind of protection the person bringing to the notice of labour inspection a defect or breach of legal provision is entitled to under Act I of 1977 on Reports and Complaints in Public Interest and what are the duties of the labour inspectors in respect of preserving the confidentiality of the source of such complaint.

Article 16. Please indicate the total number of inspection visits conducted by county and capital city labour inspections within county and capital city labour centres.

Article 27. The Committee asks the Government to indicate whether under the legislation the arbitration awards and collective agreements are among the legal provisions enforceable by labour inspectors.

3. The Committee asks the Government to provide clarification in respect of the following:

Article 8. Please indicate whether any special duties are assigned to men and women inspectors.

Article 11, paragraph 1(a). The Committee asks the Government to provide the specific information in respect of the number of local offices, their equipment and accessibility to all persons concerned.

Article 11, paragraph 1(b). Please indicate the total number of the office cars at the disposal of OMMF, their geographical distribution and the average number of inspectors per car.

Article 11, paragraph 2. Please indicate the specific arrangements made in order to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties and provide information on the amount and the procedure of reimbursement in case of use by labour inspectors of their own vehicles.

Article 12, paragraph 1(a). The Committee asks the Government to indicate whether labour inspectors are empowered to enter workplaces freely at any hour of the day or night.

Article 12, paragraph 1(b). Please indicate under which provision of the national legislation the labour inspectors are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection.

Article 12, paragraph 1(c)(i). Please indicate under which provision of the national legislation labour inspectors are empowered to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.

Article 12, paragraph 1(c)(ii). Please indicate under which provision of the national legislation labour inspectors are empowered to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, and to copy such documents or make extracts from them.

Article 12, paragraph 1(c)(iii). Please indicate under which provision of the national legislation labour inspectors are empowered to enforce the posting of notices required by the legal provisions.

Article 12, paragraph 1(c)(iv). Please indicate under which provision of the national legislation labour inspectors are empowered to take or remove for purposes of analysis samples of materials and substances used or handled.

Article 14. The Committee asks the Government to describe the procedure of notification of OMMF and ANTSZ of industrial accidents (period of notification, amount of presented information, etc.) as well as indication of the cases in which it shall be notified of occupational diseases and description of the procedure of such notification.

Article 20, paragraph 1. The Committee asks the Government to indicate whether the 1996 annual general report, transmitted by it, was officially published, and what is the procedure for access to such report by an interested party.

Article 20, paragraph 2. Please indicate the time-limits for the publication of the annual general report.

4. The Committee notes the Government's indication in its report that employers and workers have expressed the opinion that the national supervision of occupational health and safety should be performed by one single body in order to ensure efficient enforcement of the provisions of the Convention. The Committee requests the Government to provide any comments it deems appropriate in response to the employers' and workers' organizations' observations.