The priorities of labor inspections for the year 2010 were disclosed in issue number 2010/4 of the Social and Labor Journal. The essential elements of these are summoned in the present article.
The legal background of the inspection directive
According to Section 2/A of the Act number LXXV of 1996 on labor inspection, the minister for employment policy is obliged to annually disclose the directives of labor inspection for the year concerned.
The inspection directive of the minister for employment policy regulates the use of the inspection sources of the labor authority with special regard to the current employment issues, the employment targets, the law amendments, the behaviors violating legal employment the most, and the employer and employee groups involving the highest risks from the aspect of employment.
The inspection directive contains the particular inspection and investigation targets of the year concerned, the major scope of activities, professions or branches that shall be inspected.
The number of the inspections shall reach 5% of all the employers
The inspection directive states it as a general rule that the target of the labor inspection is to reduce the employees’ vulnerable state deriving from the subordination of the employees and to ensure the order of employment relationships.
The OMMF shall seek to adopt measures as a result of the labor inspections during its procedures that are appropriate from the aspect of protection of rights of the employees. Beside this it was also declared that customers’ rights and consistency shall prevail in the law enforcement process in a way that is more severe than ever before.
Eventually this progress fits well into the sphere of changes that have the declared goal of promoting proficiency of the OMMF, the compliance with the deadlines in a way lot more severe than before.
Employment without reporting and its more serious forms remain a stressed issue
Discovering employment without employment contract or in lack of reporting to the tax authority, ensuring financial interests of the employees and their right for proper recreation and controlling the compliance with the legal regulation concerning the proper record of actual work hours remain stressed issues for the labor inspections of 2010.
The inspections shall pursue in every case to filter the false elements of contracts such as hiring employees for full time but only reporting them for part time. In 2010 the OMMF will seek to discover real employment relationships and to prevent actual employers hiding behind the chain of subcontractors from not being held responsible for employment issues.
We quickly add that not all the necessary legal provisions and tools are granted to the OMMF to carry out this task in real practice so the actual accurate performance in this matter is highly doubted.
Inspection of work hour registers is a stressed issue for 2010
Ensuring financial interests of the employees and their right for proper recreation and controlling the compliance with the legal regulation concerning the proper record of actual work hours remain stressed issues for the labor inspections of 2010.
During labor inspection the data of the work hours register is often compared with the data of other registers to adjudge authenticity. Usually the data of work hours schedule, holiday record and personal payroll certificates are compared however in some cases the work hours register is compared with other, not employment records. Such records are the guard record, the event record or the record on receiving keys in security industry, the stock registry and the cleaning record in the catering industry, the HACCP records, cash registers in commerce and mileage records and travel descriptions in transportation industry, etc.
The directives of labor inspection for the year 2010 can be downloaded from our website at www.munkaugyi-blog.hu as well.
Attila Máriás