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 2019, published 109th ILC session (2021)

The Committee notes the observations of the employees’ representatives on the National ILO Council, communicated with the Government’s report.

Article 6(2) of the Convention. Participation of insured persons in the management of sickness insurance institutions. In its previous comments, the Committee noted that over the previous reporting period, several changes had taken place with respect to the involvement of insured persons in the oversight of the management and operation of healthcare providers. It also invited the Government to provide further details regarding the manner in which the national law and practice ensured compliance with Article 6 of the Convention, indicating in particular how the participation of insured persons in the management of health insurance institutions, including through trade union organizations representing the interests of insured employees, was guaranteed and how it operated in practice. The Committee notes the Government’s reply in its report indicating that the participation of insured persons in the work of regional healthcare councils is ensured by the representation of patients’ organizations in these councils. Regional healthcare councils are composed of the representative of the municipality of the given region, the representative of the competent health insurance body, one representative of the non-publicly funded healthcare service providers operating in the region and participating in basic healthcare services, one representative of each professional chamber operating in the area of healthcare, respectively, and one joint representative of the patients’ organizations operating in the region. The Government further indicates that the Ministry of Health liaises with the National Patient Forum, an advisory body composed of civil organizations representing patients suffering from the same disease, which also contributes to the representation of insured persons in decision-making processes. The Committee takes due note of this information. The Committee also notes the comments put forward by the employees’ representatives on the National ILO Council, which, as in the past, raise concerns as to the lack of harmonization of the law with Article 6 of the Convention concerning, notably, the participation of insured persons in the management of sickness insurance. They also consider that patients’ organizations are not sufficiently represented in regional health councils, which account for only one representative of patients’ organizations. Based on the above, the Committee is bound to note once again that, while representatives of insured persons are involved in a consultative capacity in the policymaking and supervision of health protection issues, additional clarification is needed on the manner in which their participation in the management of health insurance institutions is ensured, as required by Article 6(2) of the Convention. The Committee thus requests the Government to indicate how, since the restructuring of the health insurance system, the participation of insured persons in the management of health insurance institutions is guaranteed by law and how it is given effect in practice.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism (SRM) tripartite working group, the Governing Body has decided that member States for which the Sickness Insurance (Industry) Convention, 1927 (No. 24) is in force should be encouraged to ratify the more recent Medical Care and Sickness Benefits Convention, 1969 (No. 130), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting Parts II and III (see GB.328/LILS/2/1). Conventions Nos 130 and 102 reflect the more modern approach to medical care and sickness 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 130 or 102 (Parts II and III) as the most up-to-date instruments in these subject areas.

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

Article 5 of the Convention. Conditions of eligibility – disability pension. In its previous comments, the Committee observed that some of the eligibility conditions for compensation in case of permanent incapacity laid down in Act No. LXXXIII of 1997 on mandatory healthcare benefits (Act No. LXXXIII of 1997) and Act No. CXCI of 2011 on benefits due to persons with reduced working capacities (Act No. CXCI of 2011) were not fully in line with the guiding principles contained in international standards on employment injury protection, including this Convention. Noting in particular the qualifying period of three years of insurance for entitlement to disability benefit set out in Act No. CXCI of 2011, the Committee asked the Government to indicate how it intended to give effect to the long established principle of international social security law, contained in this Convention, that benefits due in case of a work-related accident shall not be subjected to qualifying periods. In this respect, the Committee notes, as stated by the Government in its report, that injured workers who do not meet the conditions for eligibility to the disability pension are entitled to an accident allowance if they have a permanent health impairment of 13 per cent and over (section 57 of Act No. LXXXIII of 1997). The Committee further notes that the amount of accident allowance corresponds to 8, 10, 15 or 30 per cent of the monthly average income, depending on the degree of disablement of the injured worker (section 58(2) of Act No. LXXXIII of 1997), which is substantially lower than the amount of the disability pension, ranging from 40 to 70 per cent of the workers’ average monthly wage (section 12 of Act No. CXCI of 2011), depending on his/her degree of disability. The Committee recalls that the objective of the Convention is to ensure that workers who suffer personal injury due to an industrial accident receive compensation to make up for the resulting loss of earning capacity they incur, based on their former earnings and their degree of disability. For such purpose, the Workmen’s Compensation (Minimum Scale) Recommendation, 1925 (No. 22), Part I, calls 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. The Committee observes that, while the level of disability pension is in line with this provision, the level of accident allowance set out in Act No. LXXXIII of 1997 is far from the recommended levels, resulting in amounts of compensation that are significantly lower than the previous earnings of the injured worker, even in cases where the degree of incapacity is such as to prevent the worker from earning income on the labour market. The Committee considers that compensation for total or substantial permanent incapacity in an amount or at a level that is not sufficient to allow an injured worker and his/her family to enjoy standards of living comparable to those they would have enjoyed if the accident hadn’t occurred would not be in line with the objectives of the Convention. On this basis, the Committee requests the Government to take the necessary measures to ensure that injured workers who suffer a permanent incapacity, total or substantial, due to a work-related accident and who do not fulfil the three year qualifying period for entitlement to a disability pension are provided with compensation at a level that is sufficient to enable the injured worker to sustain him/herself and his/her family in conditions comparable to those they enjoyed prior to the accident, and in any event, comparable to that of the disability pension.

With respect to the condition that workers do not perform remunerated work, the Committee recalls that ILO standards do not preclude the victims of occupational accidents the possibility to use their remaining working capacity in order to complement their pensions with some earnings gained out of employment. Finally, with respect to the condition that prohibits the recipients of the employment injury benefit from receiving any other cash benefit, the Committee also recalls that the Convention permits the accumulation of employment injury benefits and other cash benefits. The Committee once again hopes that the Government will adjust the qualifying conditions for entitlement to disability benefit, where the disability is due to an employment injury, with a view to ensuring full compliance with the Convention and requests the Government to keep it informed of any measures taken to that effect.

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 this Convention is 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.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 6 of the Convention. Management of sickness insurance institutions. With reference to its previous observation, the Committee notes the Government’s statement that, during the reporting period, several changes have taken place with respect to the involvement of insured persons into controlling the management and operation of health-care providers. Overall, health services continue to be purchased by the National Health Insurance Fund from health-care providers operating within the social insurance scheme. From 2007 to 2010, the Health Insurance Supervisory Authority was responsible for overseeing the functioning of the health insurance system and was assisted by a supervisory council composed of seven members including representatives from employers’ and employees’ sides. During the period 2009–11, the National Health Council (NHC), a consultative, advisory and reviewing body, supported the Government’s decision-making with respect to health policy and implementation. The NHC included among its members national representative bodies of patients. Starting from 2012, health regions have been established together with regional health councils which cooperate in health policy-making and assume certain responsibilities for the monitoring of the health policy at the regional level. These councils are composed of, inter alia, a representative of patients’ organizations at local level. In parallel, the Government also refers to the National Patient Forum – an advisory body composed of civil organizations representing patients suffering from the same disease. Taking into account the above, the Government states that the insured persons participate in decision-making processes related to health insurance through their right to be consulted and in contact with the responsible minister.

Taking due note of this information, the Committee would like to recall that Article 6 of the Convention aims at, on the one hand, guaranteeing that health insurance is administered by self-governing institutions under the administrative and financial supervision of the State, and that, on the other hand, the insured persons participate in the management of these self-governing institutions. The Committee notes that while it appears from the above information that representatives of insured persons have been and continue to be involved in a consultative capacity at the level of policy-making and supervision of health protection issues, the report does not state clearly how the participation of representatives of insured persons in the management of health insurance institutions operates. The Committee recalls in this respect that the employees’ side within the National ILO Council had in the past raised continuous concerns over the fact that existing mechanisms fail to ensure their participation in the management of health insurance institutions. The Committee therefore invites the Government to provide further details regarding the manner in which the national law and practice ensure compliance with Article 6 of the Convention, indicating in particular how the participation of the insured persons, including through trade union organizations representing the interests of insured employees, in the management of sickness insurance institutions is guaranteed and how it operates in practice.

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

Coverage by social insurance of seasonal agricultural workers, seasonal workers in tourism and occasional workers. (a) Pension insurance. The Committee notes that, following the adoption in 2010 of Act No. LXXV on simplified employment, as of 1 April 2010, seasonal workers in agriculture and tourism and occasional workers are entitled exclusively to accidental health-care benefits among the accident benefits. The reason for this is that persons working in simplified employment are not regarded as insured eligible to the full scope of benefits, it being understood that, according to the general rules of social insurance, it is possible on the basis of an agreement to have access to benefits other than accidental health-care benefits.

The Committee understands therefore that, in its current state, the national legislation seems to allow all seasonal workers in agriculture and tourism and all occasional workers to be excluded from social insurance for the purpose of pension entitlements regardless of whether the work they perform is or is not related to their employer’s trade or business. The Committee observes in this respect that such exclusion would go beyond what is permitted by the Convention which only authorizes the exclusion of “persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer’s trade or business” (Articles 2(2)(a) of the Convention or Article 4(2)(a) of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121)). Recalling that Hungary is also party to the Workmen’s Compensation (Agriculture) Convention, 192l (No. 12), the Committee asks 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 pension insurance.

(b) Health insurance. The Government indicates in its report that, following an amendment in 2011 of section 54 of the Act on simplified employment, in case of health impairment due to an accident at work or occupational disease, from 1 January 2012, the cost of the pharmaceutical products, medical supplies and health care prescribed, as well as the repair cost of medical devices, is fully supported by the social insurance. In case of an external impact recognized as an occupational accident (occupational disease) by a resolution, the costs of the necessary services will not be paid, not even if the service concerned is not compensated by social insurance at 100 per cent. The Committee asks the Government to clarify by way of practical examples in which cases the victims of occupational accidents and diseases within the above categories would not be entitled to all necessary medical care and devices free of charge.

Constant attendance by another person. The Committee requests the Government to indicate how the national legislation and practice give effect to Article 7 of the Convention which requires that in cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, additional compensation shall be provided.

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.

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

Conditions for the eligibility for benefits. The rules on compensation in case of permanent incapacity or death are laid down in Act No. LXXXIII on mandatory health-care benefits of 1997 and Act No. CXCI on benefits due to persons with reduced working capacities of 2011. As of 1 January 2012, persons are eligible to receive a new flat-rate benefit in the framework of health insurance if they fulfil the following four conditions: (i) their health status is maximum 60 per cent on the evaluation basis; (ii) they have been insured for at least three years prior to the submission of the application; (iii) they do not perform remunerated work; and (iv) they do not receive any other cash benefits. The new system does not have a special category for the risk of disability due to accidents at work. The Government also states in its report that, upon discussing the report on the application of the Convention with the National ILO Council, the workers’ side considered the new three years’ qualifying period to go against the provisions of the Convention. The Government observed in this respect that Article 5 of the Convention is being given effect by Act No. LXXXIII and by Act No. CXCI mentioned above which, together, guarantee compensation for everyone in case of occupational accident.

With respect to condition (ii) above, the Committee wishes to observe that it is a long established principle of international social security law that benefits due in case of employment injuries shall not be subjected to qualifying periods even where the national social security systems do not differentiate between employment and other injuries. Neither this Convention to which Hungary is party, nor the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), which represents the most up-to-date international social security standard in the area of employment injuries, authorize such condition to be imposed. The Committee would therefore like the Government to indicate in its next report how it intends to give effect to this requirement of the Convention. With respect to condition (iii) above, the Committee wishes to observe that ILO standards do not preclude the victims of occupational accidents the possibility to use their remaining working capacity in order to complement their pensions with some earnings gained out of employment.

Finally, with respect to condition (iv) above, which prohibits the recipients of the employment injury benefit from receiving any other cash benefit, the Committee wishes to emphasize that the Convention permits the accumulation of employment injury benefits and other cash benefits and expressly requires another cash benefit to be paid to the injured worker in need of the constant help of another person. The Committee hopes that explanations of these guiding principles contained in international standards on compensation of employment injuries would help the Government to improve the protection of the victims of occupational accidents in national law and practice and adjust accordingly the new qualifying conditions for the flat-rate benefit under the health insurance introduced as from 1 January 2012.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its previous observation, the Committee notes with interest that Act I of 2008 on health insurance offices based on Bill T/4221, which aimed at privatizing health insurance funds and moving the social partners away from participation in the management of these funds, has been repealed by Act No. XXIV of 2008. The Government reports that the reason for repeal was that the health model specified in this Act has led to discord in the political, social and professional opinions.

According to the Government, given the current economic and political situation, the reform of health insurance management is no longer a topical issue in Hungary. The Committee invites the Government, in its next detailed report on the Convention due in 2012, to explain its plans or proposals for the future model of health insurance management in Hungary. The Committee further invites the Government to explain its plan to administrate sickness insurance in line with Article 6 of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6 of the Convention. Participation of representatives of the insured persons in the management of insurance institutions. Referring to its previous comments, the Committee notes the information provided by the Government in its report as well as the comments on the application of the Convention put forward by the employees’ representatives in the National ILO Council. The Committee recalls that the supervision and management of the National Health Insurance Fund was transferred to fall under the Government’s competency by Act No. XXXIX of 1998 following a decision of the Constitutional Court. The Court concluded that, given the level of unionization, the employees’ national representative organizations lack the democratic legitimacy required to be entrusted with representative functions of the insured. Subsequent to this ruling, the role of the social partners became limited to participation in the supervision of the health insurance fund within the tripartite Control Board of Health Insurance. In 2006, however, Act No. CXVI on the Supervision of Health replaced the above Control Board by the Health Insurance Supervisory Authority, the management of which is appointed by the Government. The social partners retained only the right to nominate two out of the seven independent members of the Surveillance Council appointed by the Government in their individual capacity to assist the Health Insurance Supervisory Authority.

According to the employees’ representatives in the National ILO Council, the Act No. CXVI of 2006 on the Supervision of Health Insurance is not in conformity with Article 6 of the Convention in so far as it does not allow the participation of insured persons in the administration of the national health insurance institution. While the Health Insurance Supervisory Authority is assisted by the Surveillance Council, this body is not involved in the management, but in the control and monitoring of the health insurance institutions. There can be no reason to exclude national level social partners and the insured represented by them from the management of health insurance. All the parties concerned should therefore seek a method in line with Hungarian constitutional requirements which would allow the involvement of employers’ and employees’ organizations actually representing the insured in the management of the health insurance institutions, in compliance with the provisions of the Convention.

In its response, the Government states that the overall reorganization of the health insurance system has started with the submission of Bill T/4221 on the health insurance administration offices, which seeks to replace the National Health Insurance Fund (OEP) by funds that would give substantial decision rights to private investors, even though the State would still retain the majority participation. The Bill establishes the Tariff Committee and the Quota Committee which are responsible for submitting proposals regarding the modification of the content of the health insurance package and on the extent of the quota per person due. Each Committee will be composed of five members, three of which are appointed by the Government and two by the health insurance funds. To make recommendations to these Committees, the Government considers it essential to, after the adoption of the Bill, establish separate consultative bodies composed of persons delegated by all trade unions concerned. The Tariff and the Quota Committees might thus become major players in the field of health insurance, because they would have the right to make proposals affecting the operation of the health insurance system in consultation with the social partners.

While the reform of the national health insurance system is far from complete, the Committee observes that at present social partners have been moved away from the management of the insurance institutions and have no real role to play in representing the interests of the persons protected. No representation of the insured persons is foreseen in the management of the health insurance funds to be set up under Bill T/4221. The Committee warns that splitting the single National Health Insurance Fund administered by the public authority into a multitude of semi-privatized funds where private investors are given substantial decision rights, whereas the representatives of the insured are excluded from management, raises governance concerns for the health insurance system. In the current period of transformation of the national health insurance system, the Government states that it is unable to declare along which principles the new system will be elaborated and is now examining the roles that the employer and the employee sides could play in the operation of the new system. In this situation, the Committee would like to once again draw the Government’s attention to those principles of the participatory management of sickness insurance, which were laid down in Article 6 of the Convention as early as 1927 and upheld since in many subsequent international and European social security instruments. These principles require the Government to conserve its overall primary responsibility for the proper administration and functioning of the institutions and services involved, to assign and promote a strong role for the social partners, to guarantee an effective representation of the insured persons as well as to ensure close supervision of private investors. In view of the importance of these principles for the good governance of social insurance, the Committee would like the Government to explain to what extent they are being followed in the current reform of the health insurance in Hungary.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its previous comments, the Committee notes with interest the indications provided by the Government concerning the manner in which the national legislation gives effect to Articles 5 and 6 of the Convention in relation, respectively, to the payment of benefit in the form of periodical payments in the event of death or permanent incapacity of below 67 per cent resulting from an employment accident, and the waiting period for cash benefit. The Committee also reiterates its request for detailed information on the manner in which effect is given in practice to Articles 9 and 10 of the Convention respecting the right of victims of employment accidents to medical, surgical and pharmaceutical aid free of charge and the supply and renewal of such artificial limbs and surgical appliances as are recognized to be necessary.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. Participation of representatives of the insured persons in the management of insurance institutions. Referring to its previous comments, the Committee notes the information provided by the Government in its report as well as the comments on the application of the Convention put forward by the employees’ representatives in the National ILO Council. The Committee recalls that the supervision and management of the National Health Insurance Fund was transferred to fall under the Government’s competency by Act No. XXXIX of 1998 following a decision of the Constitutional Court. The Court concluded that, given the level of unionization, the employees’ national representative organizations lack the democratic legitimacy required to be entrusted with representative functions of the insured. Subsequent to this ruling, the role of the social partners became limited to participation in the supervision of the health insurance fund within the tripartite Control Board of Health Insurance. In 2006, however, Act No. CXVI on the Supervision of Health replaced the above Control Board by the Health Insurance Supervisory Authority, the management of which is appointed by the Government. The social partners retained only the right to nominate two out of the seven independent members of the Surveillance Council appointed by the Government in their individual capacity to assist the Health Insurance Supervisory Authority.

According to the employees’ representatives in the National ILO Council, the Act No. CXVI of 2006 on the Supervision of Health Insurance is not in conformity with Article 6 of the Convention in so far as it does not allow the participation of insured persons in the administration of the national health insurance institution. While the Health Insurance Supervisory Authority is assisted by the Surveillance Council, this body is not involved in the management, but in the control and monitoring of the health insurance institutions. There can be no reason to exclude national level social partners and the insured represented by them from the management of health insurance. All the parties concerned should therefore seek a method in line with Hungarian constitutional requirements which would allow the involvement of employers’ and employees’ organizations actually representing the insured in the management of the health insurance institutions, in compliance with the provisions of the Convention.

In its response, the Government states that the overall reorganization of the health insurance system has started with the submission of Bill T/4221 on the health insurance administration offices, which seeks to replace the National Health Insurance Fund (OEP) by funds that would give substantial decision rights to private investors, even though the State would still retain the majority participation. The Bill establishes the Tariff Committee and the Quota Committee which are responsible for submitting proposals regarding the modification of the content of the health insurance package and on the extent of the quota per person due. Each Committee will be composed of five members, three of which are appointed by the Government and two by the health insurance funds. To make recommendations to these Committees, the Government considers it essential to, after the adoption of the Bill, establish separate consultative bodies composed of persons delegated by all trade unions concerned. The Tariff and the Quota Committees might thus become major players in the field of health insurance, because they would have the right to make proposals affecting the operation of the health insurance system in consultation with the social partners.

While the reform of the national health insurance system is far from complete, the Committee observes that at present social partners have been moved away from the management of the insurance institutions and have no real role to play in representing the interests of the persons protected. No representation of the insured persons is foreseen in the management of the health insurance funds to be set up under Bill T/4221. The Committee warns that splitting the single National Health Insurance Fund administered by the public authority into a multitude of semi-privatized funds where private investors are given substantial decision rights, whereas the representatives of the insured are excluded from management, raises governance concerns for the health insurance system. In the current period of transformation of the national health insurance system, the Government states that it is unable to declare along which principles the new system will be elaborated and is now examining the roles that the employer and the employee sides could play in the operation of the new system. In this situation, the Committee would like to once again draw the Government’s attention to those principles of the participatory management of sickness insurance, which were laid down in Article 6 of the Convention as early as 1927 and upheld since in many subsequent international and European social security instruments. These principles require the Government to conserve its overall primary responsibility for the proper administration and functioning of the institutions and services involved, to assign and promote a strong role for the social partners, to guarantee an effective representation of the insured persons as well as to ensure close supervision of private investors. In view of the importance of these principles for the good governance of social insurance, the Committee would like the Government to explain to what extent they are being followed in the current reform of the health insurance in Hungary.

[The Government is asked to reply in detail to the present comments in 2009.]

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

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:

The Committee notes the information provided by the Government in its latest report. It also notes the comments put forward by the employees’ representatives in the National ILO Council, which discussed the report, and the reply made by the Government in this regard.

According to the employees’ representatives, by terminating the social insurance self-government and thus placing sickness insurance under the control of the Government, effect is not given to Article 6 of the Convention. This provision of the Convention only allows the direct administration of sickness insurance by the State as long as its administration is rendered difficult or inappropriate by reason of the insufficient development of the employers’ and workers’ organizations. The employees’ representatives stressed that employers and employees have equally been formed and are operational at the national level. In these circumstances, the conditions are fulfilled to allow the functioning of the self-government institutions.

In its reply the Government stated that the supervision and management of the National Health Insurance Fund has been transferred under the Government’s competency by Act No. XXXIX of 1998 following a ruling of the Constitutional Court. Having investigated the legitimacy of self-government, the Constitutional Court stated in its resolution No. 16/1998 that “entrusting the delegation process on the employees’ national representative organization is not, at the current level of unionization, adequate to ensure the legitimacy to insurance representatives required by section 2 of the Constitution”. The Government sets out the reasons that led the Constitutional Court to their conclusion as to the lack of democratic legitimacy of the organizations. The Constitutional Court’s resolution did not judge unconstitutional in itself the creation of social insurance self-government through delegation; it considered that the task of the legislature is to create regulations that ensure democratic legitimacy. The Government adds that in the absence of appropriate legislation the situation has not changed even after the Constitutional Court’s resolution and therefore the conditions for creating legitimate self-government do not apply in the health insurance system.

The Committee notes this information. It asks the Government to ensure that, in accordance with Article 6 of the Convention, the sickness insurance scheme is administered by self-governing institutions and that the insured persons participate in the management of these institutions. The provisions of this Article do not exclude the possibility that the administration of the said institutions shall be under the administrative and financial supervision of the competent public authorities. The Committee expresses the hope that in accordance with the Constitutional Court’s resolution the Government will take the necessary steps to enable the adoption of the appropriate regulations. It asks the Government to indicate any progress made in this regard.

In addition, the Committee would be grateful if the Government would supply a copy of a translated version of Act No. LXXXIII on the services of the compulsory health insurance and its regulations, if available.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information provided by the Government in its latest report. It notes in particular the adoption in 1997 of several laws on social protection, in particular Act LXXX on persons entitled to social security benefits and private pensions, Act LXXXI on pensions insurance and Act LXXXIII on compulsory health insurance. However, the Committee does not have a translation of the abovementioned Act on compulsory health insurance. Hence, it would like the Government to provide additional information on the way effect is given to Articles 6, 9 and 10 of the Convention. It asks it to indicate the relevant legislative provisions in this regard.

2. Article 5 of the Convention. The Committee notes that, under section 33 of Act LXXXI on pensions insurance, any person who as a result of an occupational accident has lost at least 67 per cent of his capacity to work receives an invalidity pension. It would like the Government to indicate how, and under which provisions, permanent incapacity of less than 67 per cent is compensated.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its latest report. It also notes the comments put forward by the employees’ representatives in the National ILO Council, which discussed the report, and the reply made by the Government in this regard.

According to the employees’ representatives, by terminating the social insurance self-government and thus placing sickness insurance under the control of the Government, effect is not given to Article 6 of the Convention. This provision of the Convention only allows the direct administration of sickness insurance by the State as long as its administration is rendered difficult or inappropriate by reason of the insufficient development of the employers’ and workers’ organizations. The employees’ representatives stressed that employers and employees have equally been formed and are operational at the national level. In these circumstances, the conditions are fulfilled to allow the functioning of the self-government institutions.

In its reply the Government stated that the supervision and management of the National Health Insurance Fund has been transferred under the Government’s competency by Act No. XXXIX of 1998 following a ruling of the Constitutional Court. Having investigated the legitimacy of self-government, the Constitutional Court stated in its resolution No. 16/1998 that "entrusting the delegation process on the employees’ national representative organization is not, at the current level of unionization, adequate to ensure the legitimacy to insurance representatives required by section 2 of the Constitution". The Government sets out the reasons that led the Constitutional Court to their conclusion as to the lack of democratic legitimacy of the organizations. The Constitutional Court’s resolution did not judge unconstitutional in itself the creation of social insurance self-government through delegation; it considered that the task of the legislature is to create regulations that ensure democratic legitimacy. The Government adds that in the absence of appropriate legislation the situation has not changed even after the Constitutional Court’s resolution and therefore the conditions for creating legitimate self-government do not apply in the health insurance system.

The Committee notes this information. It asks the Government to ensure that, in accordance with Article 6 of the Convention, the sickness insurance scheme is administered by self-governing institutions and that the insured persons participate in the management of these institutions. The provisions of this Article do not exclude the possibility that the administration of the said institutions shall be under the administrative and financial supervision of the competent public authorities. The Committee expresses the hope that in accordance with the Constitutional Court’s resolution the Government will take the necessary steps to enable the adoption of the appropriate regulations. It asks the Government to indicate any progress made in this regard.

In addition, the Committee would be grateful if the Government would supply a copy of a translated version of Act No. LXXXIII on the services of the compulsory health insurance and its regulations, if available.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee notes from the latest report received on the application of Convention No. 103 that the social security legislation, particularly Act II of 1975, underwent substantial amendment in 1997. It would therefore be grateful if the Government would include with its next report, due in 2000, the texts of any new laws adopted on sickness insurance and health care and of any implementing regulations. The Committee considers that its examination of the legislation would be greatly facilitated if the Government could indicate the relevant provisions of laws and regulations which apply to each Article of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes from the latest report received on the application of Convention No. 103 that the social security legislation, particularly Act II of 1975, underwent substantial amendment in 1997. It would therefore be grateful if the Government would include with its next report, due in 2000, the texts of any new laws adopted on sickness insurance and health care and of any implementing regulations. The Committee considers that its examination of the legislation would be greatly facilitated if the Government could indicate the relevant provisions of laws and regulations which apply to each Article of the Convention.