Comprehensive report of the Ombudsman on community employment

Comprehensive report of the Ombudsman on community employment

A nine-month inquiry of the commissioner for fundamental rights has revealed improprieties constituting an infringement of the requirement of legal certainty and violating basic rights of persons in community employment. In his report Máté Szabó has urged the competent ministries to the early implementation of several measures to eliminate problems and improprieties concerning the regulation on community employment and its application. 

In 2012, in the framework of the project "Dignity of Labour", the ombudsman examined the constitutional aspects of getting into and getting out of community employment, community employment programs, data management and administration and the review and management of these programmes. He also examined the constitutional problems related to the payment of the wages of persons in community employment and the lack of adequate guarantees set by labour law regulations.

In his nearly 75-page report Máté Szabó has underlined that persons in community employment are in a vulnerable situation in multiple fronts since there is a possibility of arbitrary application of law by the employers and the authorities as well, which can be getting  even worse due to problems of administration. The commissioner has pointed out that there are several groups of persons in this vulnerable situation: those, who work in community employment and those who were left out of it as well.

Community employment is not an end in itself, but is a means of employment policy which may facilitate workers in vulnerable situation to re-enter primarily labour market with offering them adequate training programmes – the ombudsman stated. The commissioner said that it is important to set guarantees in the relevant regulations and apply them in order to guarantee equal rights for persons in community employment. The report emphasizes that it is a constitutional requirement to add further guarantees to regulations on community employment instead of dismantling traditional labour law regulations protecting workers' rights.

Concerning participation in the community employment scheme, the inquiry found that considerations of jobseekers in a poor social situation are hardly noticed. The dominant position of the employers and the uncertainty resulting from the lack of a precise procedure constitute an infringement of legal certainty and hinder the promotion of equal opportunities. The ombudsman has pointed out that the weekly payment system was contested by all parties concerned and it raises concerns over several aspects. Beside that it makes administration more difficult it has a negative impact on living, therefore it is an infringement of the right to social security and the right to self determination since it's main reason is guidance. According to the commissioner, the fact that provisions on holiday entitlement are different

– without any logical reason – from the rules concerning other workers, is a violation of the requirement of  equal treatment. The report also states that the minimum-wage setting is discriminating since it fixed lower minimum wages for persons in community employment than it is required under the general provisions.

The ombudsman's report repeatedly expressed its concerns over two circumstances of withdrawing welfare aid. One of these is that it is unacceptable that somebody is dropped out of welfare benefits because she/he was unable through no fault of her/his own to provide proof of at least 30 days of work activity per year. On this point the commissioner for fundamental rights has also called attention to the need to prevent masses dropping out of the social welfare system, and therefore it is crucial to provide alternative solutions available for those who do not have access to job opportunities neither in the field of the traditional nor the community employment.

Regarding the "clean yard, tidy house" rule, meaning the permanent control of one's living environment, the commissioner for fundamental rights has welcomed the response of the minister of human resources. The minister has agreed with the ombudsman on that the control of the living environment should not be extended to the control of the interior of one's private residence. According to Máté Szabó, however, the act on social benefits should be amended to further clarify that the interior of a house or a flat shall not be subject to control and no such tasks requiring significant costs shall be provided

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