Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Private Employment Agencies Convention, 1997 (No. 181) - Hungary (Ratification: 2003)

Article 3(2) of the Convention. Conditions governing the operation of private employment agencies. Application of the Convention in practice. The Government provides information on the legislative changes made during the reporting period, including Government Decree 226/2022 on the registration and activity of certified temporary work agencies. The Labour Code's provisions applying the Convention have also been modified in 2022 with the addition of a definition where, pursuant to section 214(1)(f) of the Labour Code, a certified temporary work agency shall mean the temporary work agency, as per section 214(1)(b) and section 215, which is authorised to employ third-country citizens based on the requirements set out in legislation. Workers from non-neighbouring third countries can be employed through certified temporary work agencies by way of a single accelerated hiring application procedure via the National Directorate-General for Aliens Policing (DGAP), the law enforcement body responsible for the entry and stay of foreign nationals in Hungary. The Government indicates that authorities must impose a fine if an employer performs employment agency activities without an official registration, or if a certified temporary work agency has failed to comply with the obligation to inform third-country nationals, or has violated the rules relating to the obligation to register. With regard to the application of the Convention in practice, the Committee notes from the report that there has been a steady increase in the number of private employment agencies over the last decade, with the exception of 2020 and 2021, years affected by the COVID-19 pandemic. There were 17.44 per cent more intermediary firms operating in 2022 when compared to 2015, with a total of 983 private employment agencies operating in Hungary on 31 December 2022. Available data show that the number of jobseekers registered by private employment agencies decreased from 792,700 in 2018 to 409,600 in 2021, and increased to 491,700 jobseekers in 2022. During the 2015-22 period, the number of successful placements peaked in 2016 with 71,927, falling to 29,696 in 2020, and increasing again in 2022 with 51,232. With regard to temporary work agencies, a total of 652 temporary work agencies were operating as at 31 December 2022; 446 of which were operating through their registered offices and 206 through branches. The number of temporary work agencies increased by 6.4 per cent as at 31 December 2022 when compared to the data as at 31 December 2021. An analysis of the data of earlier years shows that the number of temporary agency workers fluctuated in the range of 121,000 to 125,000 in 2015 and 2016, while in 2017 the number increased to nearly 160,000. The Government indicates that, in spite of the continued COVID-19 pandemic in 2021, the number of temporary agency workers increased to an all-time high, with 217,672 workers, followed by a decrease in 2022, with 177,655 workers. The Committee requests the Government to continue to provide updated information on the conditions governing the operation of private employment agencies and temporary work agencies. Noting that information on infringements and sanctions has not been provided, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from inspection reports in relation to private employment agencies and temporary work agencies investigated, the number and nature of infringements reported and sanctions applied, including the number and amounts of fines imposed, as well as statistics on the number of workers covered by the measures giving effect to the Convention.

Article 7. Fees and costs. The Committee notes the Government’s indication that section 2(1) of Government Decree 118/2001 was, from 1 January 2019, supplemented with subparagraph k), which provides for a temporary work agency fee; that is, the amount of the consideration payable under a temporary work agency contract to the temporary work agency for the placement of the temporary agency worker, net of the value added tax. The rules on the exercise of private employment agency activities were also modified in 2019, by indicating that the customer hiring the temporary workforce shall pay at least the minimum temporary agency fee for the temporary work agency service provided under the temporary work agency contract. The Committee notes that the Labour Code continues to stipulate that the agreement for the assignment of temporary agency employees is to be considered invalid if it contains a clause to stipulate the payment of a fee by the employee to the temporary work agency for the assignment, or for entering into a relationship with the user enterprise. The Committee requests the Government to continue to provide information on the application of Article 7 in practice, and to indicate how it monitors and sanctions unauthorized fee-charging by private employment agencies or temporary work agencies.

Article 8. Adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies. The Committee notes, that the 2019 concluding observations from the UN Committee on the Elimination of Racial Discrimination (CERD) regarding Hungary (CERD/C/HUN/CO/18-25) contain several important areas of concern and recommendations. CERD emphasized the need for Hungary to strengthen its legislative and policy framework to better protect against racial discrimination, ensuring alignment with the International Convention on the Elimination of All Forms of Racial Discrimination. It also considered that persistent discrimination against ethnic minorities, particularly the Roma community, remains a significant issue, and urged the Government to take effective measures to eliminate all forms of racial discrimination and promote equality. In addition, the rise in hate speech and hate crimes, especially against migrants but also against Roma and refugees, was also noted, with a call for stronger actions to prevent and punish such acts. Disparities in access to education and employment for ethnic minorities were further highlighted, with recommendations for policies to ensure equal opportunities. Additionally, the Committee underscored the need for better access to justice for victims of racial discrimination, including legal assistance and the ability to file complaints without fear of retaliation. In view of the above and in the absence of information in the Government’s report on the application of Article 8 of the Convention, the Committee requests the Government to provide details in its next report as regards the measures providing adequate protection for and prevent abuses of migrant workers recruited or placed in Hungary by private employment agencies. Please also indicate the applicable penalties, including whether the law provides that private employment agencies which engage in fraudulent practices and abuses are to be prohibited.

Articles 11 and 12. Protection for workers and responsibilities of private employment agencies and user enterprises. The Government indicates that Act XCIII of 1993 on Occupational Safety and other pieces of legislation on labour safety do not distinguish between temporary agency workers and an enterprise’s own employees. The Occupational Safety Act stipulates that, in the case of employment agency activities, the employer who employs the agency worker as a hirer is responsible for the implementation of the requirements for safe and healthy work. During the reporting period, occupational safety and health inspections were carried out with regard to over 40,000 workers employed in the context of employment agency activities, and a total number of 623 employers of temporary agency workers were inspected in 2018. The Committee notes the Government's indication that inspections found that employers had risk assessment functions in place, but in some cases a separate risk assessment was not carried out for the hired workers. The overwhelming majority of temporary employees were provided occupational health and safety training by the employers of temporary agency workers. The Committee further notes from the report that the organisation of the occupational health and safety education faced complications in several places, given that the training was carried out by an external occupational health and safety specialist, and seeing that the temporary agency workers appeared confused at the user enterprise as they were needed from time to time. The Committee requests the Government to continue to provide updated information on the measures taken or envisaged to ensure adequate protection for workers employed by private employment agencies and user enterprises in accordance with Articles 11 and 12, and more specifically with respect to occupational safety and health.

Article 13. Cooperation between the public employment service and private employment agencies. The Government’s report refers to the rules on employment agency activities for public employment, pursuant to Government Decree 118/2001, and informs that the latter lapsed in January 2020. The Committee recalls that the Convention requires that member States formulate, establish and periodically review the conditions to promote cooperation between the public employment service and private employment agencies. It also requests the Government to provide information on the consultations held with the social partners in this regard and on the impact of the measures taken to promote and enhance cooperation.