Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Hungary (Ratification: 1969)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 1(1) of the Convention. Minimum wage fixing machinery in agriculture. The Committee notes that, under section 153(2) of the new Labour Code, which was adopted on 13 December 2011, minimum wage rates may vary by occupational category or geographical region. It also notes that under section 153(3) of the Labour Code, minimum wage rates are determined by the Government after consultations with the National Economic and Social Council (NGTT) and taking principally into account economic indicators. The Committee requests the Government to indicate whether a separate minimum wage rate is fixed for agricultural workers (or for rural areas) and, if so, how it is ensured that the most representative organizations of employers and workers of the agricultural sector take part in the minimum wage fixing process on a basis of complete equality. The Committee would also appreciate if the Government would specify whether and how social considerations, such as the basic needs of the workers and their families, are taken into account in determining or adjusting minimum wage levels for agricultural workers.

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

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:

Repetition

Article 1(1) of the Convention. Fixing and adjusting minimum wage levels. The Committee notes that following the introduction of a system of a single national minimum wage, the statutory minimum wage is now also applicable in agriculture. The minimum hourly and monthly pay rates for unskilled workers were last revised by Decree No. 316/2005(XII.25) and currently amount to HUF377 and HUF65,500, respectively. The Committee would appreciate receiving additional information as to whether and how the particular conditions characterizing the agriculture sector are taken into consideration in determining the statutory minimum wage within the National Conciliation Council.

Article 2(2). Payment of minimum wages in kind. The Committee notes the Government’s explanations concerning the conditions under which the general labour legislation permits the partial payment of wages in the form of goods or services. In this connection, the Committee recalls its previous comments made under Convention No. 95 and requests the Government to further specify how it is ensured in law and practice that the value attributed to the allowances in kind is fair and reasonable, as required under this Article of the Convention. The Committee once again draws the Government’s attention to paragraphs 92–160 of the 2003 General Survey on the protection of wages, which reviews relevant state practice and illustrates possible ways in which legislative conformity may be attained in this regard.

Article 5 and Part V of the report form. Practical application. The Committee notes that, according to the statistical information provided by the Government, 98,200 persons (representing 7.6 per cent of the national workforce) are employed in the agriculture, forestry and fisheries sectors. Their gross average wage stands at HUF102,796 per month and is ranking among the lowest sectoral average wages, while nearly 45 per cent of all agricultural workers are remunerated at the minimum wage rate. The Committee also notes that in the period 2002–05 around 8 per cent of all infringements observed by the Labour Inspectorate involved the breach of minimum wage rules and that no separate data for the agricultural, forestry or fisheries sectors are available. The Committee would be grateful if the Government would continue to provide up to date information concerning the application of the Convention in practice including, for instance, available statistics on the number of agricultural workers covered by relevant legislation, copies of any collective agreements establishing minimum wage rates for agricultural workers, inspection results showing the number of minimum wage-related offences and the sanctions imposed, official publications or studies dealing with the operation of the minimum wage system in the agricultural sector, etc.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

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

Article 1, paragraph 1, of the Convention. Fixing and adjusting minimum wage levels. The Committee notes that following the introduction of a system of a single national minimum wage, the statutory minimum wage is now also applicable in agriculture. The minimum hourly and monthly pay rates for unskilled workers were last revised by Decree No. 316/2005(XII.25) and currently amount to HUF377 and HUF65,500, respectively. The Committee would appreciate receiving additional information as to whether and how the particular conditions characterizing the agriculture sector are taken into consideration in determining the statutory minimum wage within the National Conciliation Council.

Article 2, paragraph 2. Payment of minimum wages in kind. The Committee notes the Government’s explanations concerning the conditions under which the general labour legislation permits the partial payment of wages in the form of goods or services. In this connection, the Committee recalls its previous comments made under Convention No. 95 and requests the Government to further specify how it is ensured in law and practice that the value attributed to the allowances in kind is fair and reasonable, as required under this Article of the Convention. The Committee once again draws the Government’s attention to paragraphs 92–160 of the 2003 General Survey on the protection of wages, which reviews relevant state practice and illustrates possible ways in which legislative conformity may be attained in this regard.

Article 5 and Part V of the report form. The Committee notes that, according to the statistical information provided by the Government, 98,200 persons (representing 7.6 per cent of the national workforce) are employed in the agriculture, forestry and fisheries sectors. Their gross average wage stands at HUF102,796 per month and is ranking among the lowest sectoral average wages, while nearly 45 per cent of all agricultural workers are remunerated at the minimum wage rate. The Committee also notes that in the period 2002–05 around 8 per cent of all infringements observed by the Labour Inspectorate involved the breach of minimum wage rules and that no separate data for the agricultural, forestry or fisheries sectors are available. The Committee would be grateful if the Government would continue to provide up to date information concerning the application of the Convention in practice including, for instance, available statistics on the number of agricultural workers covered by relevant legislation, copies of any collective agreements establishing minimum wage rates for agricultural workers, inspection results showing the number of minimum wage-related offences and the sanctions imposed, official publications or studies dealing with the operation of the minimum wage system in the agricultural sector, etc.

In addition, the Committee refers to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report.

Article 1, paragraph 1, of the Convention. The Committee notes that, according to the information supplied by the Government in its report, as of 1 January 2000 the minimum wage in agriculture, gamekeeping, forestry and fishery came into effect for the first time simultaneously with the minimum wage applicable in other branches of the national economy, and that this development marked the discontinuation of the previous practice whereby the minimum wage in agriculture was introduced with a few months’ delay compared to the minimum wages in other sectors. The Committee requests the Government to specify the minimum wage rates in force and provide a copy of the statutory instrument fixing these rates at their current level.

Article 2. While noting the provisions of section 154(2) of the Labour Code, the Committee asks the Government to indicate whether, and if so under which conditions and within which limits, the partial payment of minimum wages in the form of allowances in kind is authorized under existing laws or regulations. In this regard, the Committee would appreciate receiving copies of any relevant texts giving effect to the specific requirements of this Article of the Convention as well as information concerning the practical application of such method of payment.

Article 5, in conjunction with Part V of the report form. The Committee notes the Government’s indication that, according to 2001 figures, about 30-33 per cent of agricultural workers were remunerated at the minimum wage rate. It also notes that in 2001 the labour inspection services carried out 385 inspections of agricultural undertakings and reported 28 infringements of the national legislation in respect of minimum wages, while in 2002 the inspection action programme involved 124 employers 17 of whom were found in breach of minimum wage provisions. While noting the Government’s statement to the effect that no specific statistics are available with regard to inspection results and penalties imposed in the agricultural, forestry and fishery sectors, the Committee hopes that the Government will make every effort to collect and communicate all relevant information in future reports. It also requests the Government to continue supplying up-to-date information on all aspects of the implementation and enforcement of the minimum wage legislation in respect of agricultural workers.

In addition, the Committee refers to the comments made under Convention No. 26.

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

The Committee notes that the agreement by the National Interest Reconciliation Council on minimum wage, as well as the government decree based on this agreement, included a separate provision which provided that the compulsory amount of the national minimum wage is introduced with a few months' delay compared to other sectoral minimum wages. The period of delay is regressive -- while it was ten months in 1993, it was only five months in 1997.

The Committee requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, information on the effect given in practice to the Convention in the agricultural, forestry and fishery sectors, for instance: (i) the minimum wage rates in force; (ii) the available statistical data on the number and various categories of workers covered by minimum wage regulations; and (iii) the results of the inspections carried out (e.g. the number of the violations reported concerning minimum wage provisions, the sanctions imposed, etc.).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report on the application of Convention No. 26 contains comments made by the National Confederation of Hungarian Trade Unions, in which this workers' organization points out that there are numerous cases of non-observance of the prescribed rates of wages, for economic reasons, in the fields of silviculture and agriculture. It requests the Government to supply information on any measures taken or envisaged to ensure the observance of the minimum wages in the agricultural sector in particular.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 26, as follows:

The Committee notes the comments of the National Confederation of Hungarian Trade Unions on the application of the Convention, enclosed with the Government's report, to the effect that, despite the adoption of new legislation, there are many cases of employers paying wages which are lower than the prescribed rates, for economic reasons, in the water supply, forestry and agricultural sectors.

The Committee has addressed a direct request including comments on this matter to the Government.