Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Hungary (Ratification: 1935)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (worker’s compensation, agriculture), 17 (worker’s compensation, industry), 24 (sickness benefits) and 42 (occupational diseases) together.

Article 1 of Convention No. 12 and Article 2(2) of Convention No. 17. Coverage of seasonal agricultural workers, seasonal workers in tourism and casual workers. The Committee notes the Government’s indication in its report that workers in simplified employment, notably workers in seasonal agricultural work, seasonal tourism work and casual work, are excluded from insurance-based benefits. In this respect, the Committee notes that, under section 10(1)(a) of the Act LXXV of 2010 on Simplified Employment, workers in simplified employment do not qualify for benefits provided under the Act CXXII of 2019 on Social Insurance Benefits. At the same time, workers in simplified employment are entitled to pension benefits, accident healthcare and job-seeking benefits (section 10(1)(b) of the Act LXXV of 2010 on Simplified Employment).

The Committee recalls that Article 2(2) of Convention No. 17 allows to exclude from its scope only limited categories of workers. In particular, Article 2(2) of Convention No. 17 does not exclude seasonal workers from its scope, while workers of a casual nature can only be excluded if the work they perform is not related to their employers’ trade or business. The Committee further recalls Article 1 of Convention No. 12 requires the extension of all legal provisions for the compensation of work accidents to all agricultural wage earners, without any exception.

The Committee requests the Government to specify whether in case of a work-related accident injured workers in seasonal agricultural work, seasonal tourism work and casual work or their dependants are entitled to: (i) accident sickness benefits (cash benefits in case of temporary incapacity)under the Act LXXXIII of 1997 on the Benefits of Compulsory Health Care Insurance; (ii) accident allowances (cash benefits in case of permanent incapacity) under the ActLXXXIII of 1997; and (iii) accident survivors’ pensions under the Act LXXXI of 1997 on Social Insurance Pension.

Article 5 of Convention No. 17. Compensation in case of permanent incapacity for work. The Committee previously noted that entitlement to non-occupational disability pensions under the Act No. CXCI of 2011 on Benefits for Persons with Reduced Working Capacity requires completion of a qualifying period of a certain duration (at least 1,095, 2,555, or 3,650 days within five, ten, or fifteen years, respectively). It also noted that injured workers who do not meet the eligibility criteria for disability pensions are entitled to accident allowances under Act No. LXXXIII of 1997, provided they have a permanent health impairment of at least 13 per cent. The Committee further observed that the amount of the accident allowance (8, 10, 15, or 30 per cent of the worker’s average monthly income, depending on the degree of disability) is significantly lower than the disability pension, which ranges from 40 to 70 per cent of the worker’s average monthly wage.

Noting the absence of specific information on this point, the Committee once again recalls that Convention No. 17 does not permit the establishment of a qualifying period for entitlement to benefits in the event of work-related accidents. The Committee further reiterates that the purpose of Convention No. 17 is to ensure that workers who suffer personal injury due to an industrial accident receive compensation for the resulting loss of earning capacity, calculated based on their previous earnings and the degree of disability. In this regard, the Workmen’s Compensation (Minimum Scale) Recommendation, 1925 (No. 22), Part I, provides for: (1) a periodical payment equivalent to two thirds of the worker’s annual earnings to be paid in the case of permanent total incapacity; and (2) a proportion thereof to be paid in case of partial permanent incapacity, calculated in reference to the reduction of earning power caused by the injury.

Noting the significant difference between the levels of accident allowance and disability pension,the Committee firmly encourages the Government to ensure that persons who are not eligible for a disability pension are afforded an equivalent level of protection in terms of benefit levels.

Article 7 of Convention No. 17. Constant attendance by another person. The Committee previously noted that, according to the Act III of 1993 on Social Administration and Social Assistance, a flat-rate nursing fee is granted to an adult relative who cares for a person in need of long-term care at home (section 40). Additionally, persons requiring long-term care may receive personal social services, including home care and residential care, delivered by professional caregivers provided by the State and local governments (section 56).

Application of Convention No. 17 in practice. The Committee takes note of the information provided by the Government regarding employer liability as regulated by the Labour Code. It further notes the observation of the workers’ group of the National ILO Council that the costs associated with occupational accidents and occupational healthcare decreased significantly over the past seven years. The Committee observes from the data provided by the Government’s report that while the total costs for certain benefits, such as accident-related outpatient medical care and rehabilitation benefits, decreased between 2017 and 2023, the total costs for some other benefits, including accident sickness benefits and disability pensions, increased. The Committee requests the Government to continue to provide information on the total cost of cash benefits and medical care provided in case of work-related accidents.

Article 6(2) of Convention No. 24. Participation of insured persons in the management of sickness insurance institutions. The Committee notes the Government’s indication that insured persons participate in the work of regional healthcare councils through their patient organization, as provided in section 148 of the Act CLIV of 1997 on Health Care. The Government also indicates that the relevant Minister liaises with non-governmental organizations operating in the health sector through the National Patient Forum.

The Committee recalls that pursuant to Article 6(2) of the Convention, the insured persons shall participate in the management of the self-governing insurance institutions on such conditions as may be prescribed by national laws or regulations. The Committee therefore requests the Government to provide information on how insured persons participate in the management of the National Health Insurance Fund, which is responsible for providing cash benefits and medical care in cases of sickness.

Article 2 of Convention No. 42. List of occupational diseases. The Committee notes that, as a result of the legislative changes introduced by Prime Minister’s Decree 10/2019 (IX.4), a list of occupational diseases set out in Annex 3 to Act XLVII of 1997 on the Management and Protection of Health and Related Personal Data now applies for the notification and investigation of occupational diseases. The Government further indicates that cases are investigated by the occupational safety and health authority, as well as the occupational health and hygiene body, to determine whether they qualify as occupational diseases. Based on notifications from these bodies, the National Health Insurance Fund decides whether the disease should be recognized as an industrial accident for social security purposes.

Application of Convention No. 42 in practice. The Committee previously noted the issues concerning the underreporting of occupational diseases. It takes due note of the information provided in the Government’s report, indicating that the number of sickness cases caused by occupational diseases rose from 131 in 2016 to 13,110 in 2021, 15,471 in 2022, and 5,384 in 2023. The Committee requests the Government to continue to provide information on the number of occupational disease cases reported and compensated.

The Committee recalls that the ILO Governing Body at its 343rd (October–November 2021) and 346th Sessions (October–November 2022), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Conventions Nos 17, 24 and 42 as outdated. The ILO Governing Body further placed an item on the agenda of the 118th Session (2030) of the International Labour Conference (ILC) for the consideration of abrogation of Convention No. 24 and Conventions Nos 17 and 42 at the 121st ILC Session (2033).

The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments concerning: (i) employment injury benefits, including the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI); and (ii) sickness benefits, including the Medical Care and Sickness Benefits Convention, 1969 (No. 130), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part III). The Committee therefore encourages the Government to give effect to the decisions of the Governing Body at its 343rd (October–November 2021) and 346th Sessions (October–November 2022) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the most up-to-date instruments in the subject areas of employment injury benefits and sickness benefits.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (accidents) and 42 (occupational diseases) (revised) together.

The Committee notes the observations of the employees’ representatives in the National ILO Council on the application of Convention No. 17, communicated with the Government’s report.

Article 1 of Convention No. 12 and Article 2(2) of Convention No. 17. Coverage of seasonal agricultural workers, seasonal workers in tourism and occasional workers. (a) Pension insurance. In its previous comments, the Committee noted that, following the adoption in 2010 of Act No. LXXV on Simplified Employment, seasonal workers in agriculture and tourism and occasional workers are only entitled to healthcare services in case of employment injury, and asked the Government to reconsider the situation with a view to limiting the categories of seasonal or occasional workers who may be excluded by law from pension insurance coverage to those authorized by Convention No. 17, and to report on the number of workers actually excluded from the benefits provided under the pension insurance scheme. The Committee notes the information provided by the Government in its report concerning the possibility for workers in simplified employment, excluded from pension insurance coverage under the Social Security Act, to qualify for pension benefits and accident-related health services through the payment of a tax stamp (section 10(1)(b) of Act No. LXXV of 2010). The Committee recalls however that, according to Article 2(2) of Convention No. 17, only specific categories of workers can be excluded from compensation for occupational injuries and that workers of a casual nature can only be excluded if the work they perform is not related to their employers’ trade or business. In addition, Article 1 of Convention No. 12 requires the extension to all agricultural wage-earners of all legal provisions for the compensation of work injuries. The Committee once again requests the Government to consider the possibility of limiting the categories of seasonal or occasional workers excluded from workers’ compensation to those established by Convention No. 12 and to keep it informed of any measures taken with a view to ensuring full compliance with Conventions Nos 12 and 17. In this regard, the Committee requests the Government to indicate whether it envisages to extend the payment of the tax stamp to cover work accident-related benefits other than healthcare in order to provide the protection required under Conventions Nos 12 and 17.

Article 1 of Convention No. 12 and Article 2(2) of Convention No. 17. (b) Health insurance – medical care benefits. The Committee notes the information provided by the Government in reply to its previous request concerning the entitlement of injured workers in simplified employment to all necessary medical care and devices free of charge.

Article 7 of Convention No. 17. Constant attendance by another person. In its previous comments, the Committee requested the Government to indicate how the national legislation and practice gave effect to Article 7 of the Convention which requires that in cases where the work injury results in incapacity of such a nature that the injured worker must have the constant help of another person, additional compensation shall be provided. The Committee notes that according to Act No. III of 1993, a Nursing Fee of a basic amount of 32,600 Hungarian forint (HUF) (Central Budget Act 2018), doubled in case of significant incapacity, is granted to an adult relative who cares for a person in need of long-term care at home (section 40 of Act No. III of 1993). The Committee requests the Government to provide information on whether other payments or services, free of charge, are available to workers who have sustained an occupational injury to guarantee that, when their state requires constant help, they can afford to pay for, or receive, assistance from persons other than relatives, such as professional caregivers.

Application of Convention No. 17 in practice. The Committee notes, as indicated by the Government, that there is no specific social security branch for employment injury, but that various types of social insurance benefits are payable, alongside the compensation for which employers are liable under the Labour Code. Concerning the rules for compensation, the Committee further notes that, according to the employees’ representatives in the National ILO Council, the new Labour Code promulgated by Act No. I. of 2012 introduced a substantial change in the provisions on employers’ liability for damages in case of accidents at work. According to these observations, while employers’ liability remains objective, and the burden of proof remains with the employer in the case of exemption from liability, the new rules widen the range of exemptions from liability, thus limiting the scope of interpretation of employers’ liability by national tribunals. The Committee requests the Government to provide information on the functioning of the current provisions regulating employers’ liability for damages in case of accidents at work and of the way they are applied in practice, and to continue providing examples of relevant judicial decisions.

Article 2 of Convention No. 42. Proof of the occupational origin of disease. In its previous comments, the Committee requested the Government to indicate measures with a view to re-establishing the principle of presumption of occupational origin of occupational diseases at least with respect to the diseases established by the Schedule appended to the Convention. The Committee notes, as indicated by the Government that, apart from Annex 2 of Decree No. 27/1996 (VIII.28) NM, including the list of the occupational diseases to be reported, this also provides the possibility to recognize a disease that can be identified as occupational in origin, based on factors such as working environment and conditions. The Committee once again requests the Government to confirm that a presumption of occupational origin without the requirement to prove the causal link with the occupation exists, at least in cases of the diseases listed in the Annex 2 to the Decree that are in accordance with the Schedule appended to Article 2 of the Convention, when those affect workers engaged in the trades, industries or processes placed in the said Schedule.

Application of Convention No. 42 in practice. The Committee notes the indication provided by the Government that occupational diseases are underreported. For a total of over 4 million employed persons in 2016, the Government reported 245 cases of occupational diseases in 2016, and 131 sick pays were paid. The Committee requests the Government to indicate measures taken to improve the reporting of occupational diseases with a view to giving full effect to the Convention in practice.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Proof of the occupational origin of diseases. In its report, the Government indicates that, following a reform which entered into force on 1 January 2007, compensation is henceforth guaranteed in case of all occupational diseases, while previously only 35 diseases gave right to compensation. Nonetheless, the workers’ side within the National ILO Council considered that Annex 2 of Regulation No. 27/1996 does not list the occupational diseases but only the aetiological factors on the basis of which occupational diseases cannot be clearly identified and which places on employees the burden of proving in every case the occupational origin of their disease in long and complex court proceedings. In reply to these comments, the Government states that, in judicial proceedings, the plaintiff needs to prove his/her claim for damages both with respect to the causality between the work performed and the disease and between the disease and the compensation requested. The Committee wishes to recall that the Schedule appended to the Convention establishes a legal presumption of the vocational origin of the diseases listed in it whenever the workers concerned are employed in the corresponding trades, industries and processes, and relieves the worker of bearing the burden of proving the occupational origin of a disease and the costs of complex and lengthy judicial proceedings. The Committee requests the Government to indicate in its next report measures taken with a view to re establishing the principle of presumption of occupational origin enshrined in the Convention at least with respect to the diseases established by the Schedule appended to the Convention.