Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Maritime Labour Convention, 2006 (MLC, 2006) - Hungary (Ratification: 2013)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Hungary on 18 January 2017 and 8 January 2019, respectively. The Committee notes that the Government reiterates that since 2004, there have been no maritime vessels registered flying the flag of Hungary and, at present, there are no Hungarian maritime shipping companies in operation and no Hungarian shipowners. The Committee also notes the adoption of Decree of the Ministry for National Development No. 67/2015. (XI. 18.) on the conditions of seaworthiness of maritime ships based on the Maritime Labour Convention (Decree No. 67/2015). The Committee requests the Government to provide updated information on any developments in the maritime sector, which would have a bearing on the application of the flag State requirements of the Convention. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee previously noted that the interval considered as night under section 89 of the Labour Code lasts eight hours (between 10 p.m. and 6 a.m.) and thus is not in conformity with Standard A1.1, paragraph 2, that provides for a period covering at least nine hours. Noting the absence of information in this regard, the Committee requests the Government to indicate the measures taken to ensure conformity with this provision of the Convention.

Standard A1.1, paragraph 4. Hazardous work. Noting that the existing provisions were of a general nature and do not take into account the specificities of the maritime sector, the Committee requested the Government to adopt the necessary measures to determine the types of work likely to jeopardize the health or safety of seafarers under the age of 18. The Committee notes with interest the Government’s information that pursuant to section 5 of Decree No. 67/2015, the shipowner must ensure that young seafarers may not conduct the following activities on board ships: (a) lifting, moving and transportation of heavy loads and objects; (b) entry into boilers, tanks and cofferdams; (c) exposure to harmful levels of noise and vibration; (d) operation of lifting machinery or other engines or tools, as well as working as a marker assisting the operators of such machines; (e) handling of mooring and tow lines, or mooring anchor equipment; (f) rope works; (g) work performed at height or on the deck in stormy weather; (h) night patrol service; (i) operation of electrical equipment; (j) exposure to potentially harmful substances, harmful physical effects, hazardous or toxic substances and ionizing radiation; (k) cleaning of machine equipment related to catering; (l) operation or controlling of the boats of ships; and (m) working as ship’s cook. The Government also indicates that pursuant to the Shipping Works Safety Policy set out in Annex 4 to KHVM Decree No. 17/1993. (VII. 1.) on the issue of policies relating to the security requirements of certain shipping activities, only persons over 18 years of age may be employed in shipping activities. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4. Recruitment and placement. The Committee noted that Decree No. 383/2014 and Decree No. 118/2001 regulate the registration and functioning of seafarer recruitment and placement agencies in the country. It requested the Government to provide information on how it gives effect to the requirements of Standard A1.4, paragraph 5(a) and (c)(vi), of the Convention. Noting the absence of information in this regard, the Committee recalls that according to the Convention Members shall adopt laws and regulations or other measures to (1) prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); and (2) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or of the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them (Standard A1.4, paragraph 5(c)(vi)). The Committee requests the Government to indicate the measures taken that give effect to these provisions of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee requested the Government to provide clarification concerning whether or not the Labour Code applies to national and foreign seafarers domiciled in Hungary engaged in ships not flying the Hungarian flag. The Committee notes the Government’s information that the Labour Code, unless otherwise provided, applies to persons who normally work in Hungary (section 3(2)). For seafarers, the flag State is considered as the place of employment, and thus the scope of the Labour Code does not cover persons employed on a vessel not flying the flag of Hungary. In light of this information, the Committee requests the Government to indicate the measures taken to give effect to Regulation 2.1 and the Code.

Regulation 4.5. Social security. In its previous comments, the Committee requested the Government to provide clarification regarding whether, and to what extent, the social security legislation is applicable to all seafarers residing in the Hungarian territory. The Committee notes the Government’s reference to section 4 of Act LXXX of 1997 on persons entitled to social security benefits and private pensions, which defines the term “resident”. It notes that under section 4(3), “natural persons performing work for a foreign employer outside the territory of Hungary, who fall under the scope of this Act pursuant to the Coordination of Social Security Systems Regulation also qualify as insured persons”. The Committee requests the Government to clarify whether seafarers ordinarily resident in Hungary who work on ships flying a foreign flag – especially flying the flag of non-EU countries – are granted sickness benefits, old-age pension benefits and employment injury benefits under the Hungarian social security system, which are no less favourable than those enjoyed by shoreworkers resident in the Hungarian territory.