Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Hungría

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1994)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1994)

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. In its previous comments the Committee noted that the national legislation does not expressly provide for the competence of the labour inspectorate in the area of freedom of association and requested the Government to indicate whether the employment supervisory authority is entrusted with supervision and/or enforcement powers in relation to freedom of association, and to provide statistical information on relevant enforcement activities. In its report the Government indicates that the rights of trade unions at the workplace can at present be effectively defended in labour courts. The Government also refers to the information provided by the workers’ representatives in the National ILO Council, who indicate that the labour inspectorate has not been given powers in the area of freedom of association. In this connection, the Government refers to the workers’ persistent complains regarding infringements of freedom of association, which are difficult to remedy, and to the fact that the lack of powers of the labour inspectorate in this respect is problematic. The Committee requests the Government to indicate the measures taken to ensure that the functions of the system of labour inspection include the enforcement of the legal provisions relating to freedom of association.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. In its previous comments the Committee noted the Government’s efforts to enhance occupational safety in agriculture, particularly through trainings and relevant materials, and requested information on whether the training for labour inspectors addresses sector-specific risks regarding occupational safety in agriculture. In this regard, the Government reports the information provided by the workers’ representative in the National ILO Council, who indicated that several employees of the labour inspectorate did not comply with their obligation to undergo further training. The Committee requests the Government to provide information on the frequency and content of trainings, including any retraining and refresher courses, provided to labour inspectors, and the number of inspectors that participated in such trainings.The Committee once again requests the Government to provide information on the content of the training provided to labour inspectors regarding occupational safety in agriculture, including on whether it touches upon specific issues relevant to the sector, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Allocation of sufficient budgetary resources for the effective functioning of the labour inspectorate. In reply to the Committee’s previous comment, the Government states that both capital and county offices continue to provide the material means required under Article 11 of Convention No. 81 for inspections carried out by the employment supervisory authority. Inspectors are expected to travel by public transport, with reimbursement available for use of official vehicles or, in line with relevant legislation on reimbursement of expenses, their own cars. The Government also reports the information provided by the workers’ representatives in the National ILO Council, who refer to the 2024 State Audit Office report on the functioning of the labour inspectorate in 2021–22, and highlight that an alleged underfunding of the inspectorate has contributed to IT system failures, non-compliance with legal obligations on information and notifications, inspection planning not aligned with legal requirements, lack of strategic direction in professional management, absence of systemic risk analysis, and inconsistent selection of employers for inspection. The Committee requests the Government to indicate the measures taken to ensure the allocation of sufficient budgetary resources for the effective functioning of the labour inspection services, and to provide detailed information in this respect.The Committee also requests the Government to provide information on the measures taken to address the issues related to underfunding, as raised by the workers’ representatives in the National ILO Council.

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 takes note of the information provided by the Government regarding labour law violations related to wages and working time from 2022 to the first half of 2024, as well as the number and type of sanctions imposed, including fines. The Government also reports the information provided by the workers’ representatives in the National ILO Council, who indicate that two thirds of supervisory inspections where infringements were detected concluded without sanctions, and that procedures and sanctions lacked consistency. The Committee requests the Government to indicate how it is ensured that penalties of labour law violations enforceable by labour inspectors are effectively enforced. The Committee also requests the Government to continue to provide information indicating the number of labour law violations identified, the nature of such violations, as well as the number of penalties imposed and the amount of fines paid. It requests the Government to provide the same information with regard to occupational safety and health.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication, communication and content of annual reports on the work of the labour inspection services. The Committee notes that the annual reports on labour inspection activities for the years from 2021 onwards have not been communicated to the Office. The Committee notes however that the Government’s report contains information regarding the staff of the labour inspection service (Article 21(b)) of Convention No. 81 and Article 27(b)) 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). It also notes that the Government, in its reports submitted under the Conventions pertaining to occupational safety and health, provided 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 notes that the report does not contain information on 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). The Committee requests the Government to indicate the measures taken or envisaged to ensure that the annual labour inspection reports are regularly published and communicated to the ILO, and that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including information on 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). It requests the Government to provide disaggregated data for agriculture in particular.