Abstract
This article analyses the benefits/assistance and activation initiatives for the unemployed provided by Austria and Hungary, highlighting recent changes and trends in the regulation.
These two European states, which represent the Continental and the Eastern European systems, differ significantly in their history and approaches: Austria’s labour market and social security system remained quite stable in recent decades but underwent some changes that reflect a stricter and more activating approach. Hungary, on the other hand, is a post-socialist state that only had to establish an unemployment system in the 1990s and which recently limited the benefits and increased activation.
Implementing Flexicurity at the national level
When it comes to the implementation of flexicurity it has to be recognised that there is diversity between the EU Member States in employment, industrial relations and social security regimes. They come with a large variety of modalities and combinations of flexibility and security elements. As they create a path dependence these different systems have far-reaching consequences for EU efforts to promote the flexicurity approach.
Most observers identify
The involvement of the
The example of Austria
Background
Continental system of flexicurity
Austria is considered to be part of the so-called
Political developments
Since the mid-1980s Austria was ruled by a so-called grand coalition between the two major parties, the Social Democratic Party and the conservative People’s Party. In 2000 a major change took place when the conservative People’s Party formed a coalition with the right-wing Freedom Party and later with its spin-off ‘Alliance Future Austria’ (Bündnis Zukunft Österreich). This was seen by commentators as a change towards a more neo-liberal policy line bypassing the traditionally strong social partners. 2007 marked the comeback of the grand coalition and a line of politics aimed more at pacifying both sides of industry. It comes, therefore, as no surprise that implementation of the flexicurity strategy was undertaken in a very balanced way, exchanging increased flexibility for increased security in other fields.
Organisation of unemployment protection
Austria’s protection against unemployment is an insurance system based on federal legislation and managed by the public employment service (Arbeitsmarktservice – AMS), which is also responsible for measures of active labour market policy. It is not part of the state administration but an administrative body in its own right, featuring a three-tiered system comprising one federal organisation, nine organisations at the federal state (Länder) level, and 99 regional organisations. One important element is the social partners’ involvement in public employment service’s activities at all three levels. Thereby the representatives of Austria’s Economic Chamber and the Federation of Austrian Industry on the employers’ side, and the Chamber of Labour as well as the Austrian Trade Union Federation on the employees’ side, play a major role in the design of labour market policy and in supervising the organisation. A tripartite administrative board is established at federal level. 5 This organisational set-up ensures the involvement of the social partners in the administration of the labour market policies, hence the transposition of the flexicurity concept.
The unemployment insurance is financed via
The compulsory unemployment insurance covers the majority of employees in Austria, only marginal part-timers earning less than EUR 425.70 a month (threshold defined for 2017) and civil servants are exempted from unemployment insurance. Since 2008 self-employed persons working with free service contracts – that means those persons, who work for a definite or an indefinite time for a client without personal dependency – are also covered by law. Since 2009 other self-employed persons may opt into voluntary unemployment insurance under specific conditions. 7
Passive policies: Benefits
General remarks and prerequisites
Unemployment benefits and unemployment assistance benefits are the most important cash benefits paid by the unemployment insurance scheme in Austria. Unemployment benefits are paid for a limited period of time and are followed by unemployment assistance, which may be claimed for an unlimited period of time if certain conditions are met (indigence, means test on own and spouse’s/partner’s income). Although the unemployment insurance system features minimum-income components (supplementary amount to increase net-replacement rate), it fails to guarantee any minimum benefit. There is a ceiling on the amount of cash benefits disbursed. 8
Unemployment benefit (Arbeitslosengeld)
There are three prerequisites which have to be met to ensure entitlement to unemployment benefit:
Minimum insurance period: First-time claimants need at least 52 weeks of unemployment insurance-covered employment within a reference period of 24 months prior to asserting their claim. Young adults under 25 years of age only need a minimum of 26 weeks within a reference period of 12 months, and individuals who have already received benefits need 28 weeks of unemployment insurance-covered employment within the past 12 months (or a total of 52 weeks of such employment within the past 24 months) to requalify for unemployment benefits.
Ability to work: Unemployment insurance cover only relates to workers capable of working. In the event of invalidity or occupational disability, benefits are claimed from social pension or health insurance schemes. While an unemployed worker’s pension application is processed (usually to assess invalidity), she/he may be eligible for a cash benefit from the unemployment insurance (advance pension payment).
Willingness to accept reasonable suitable employment: This is the criterion where most changes took place and it will be covered in a subchapter of its own.
Maximum claim duration for unemployment benefits depends on the insurance record accrued within legally defined (and, under certain conditions, extendable) reference periods and on the age of claimants at the time of losing their jobs. It starts with 20 weeks and is increased to 52 weeks for claimants with a long insurance record and who are over 50 years of age. It is extended even longer upon the completion of occupational rehabilitation measures or when participating in labour market policy measures (training courses, measures of integration).
As they are insurance-based benefits the benefit levels depend on previous income from work. Unemployment benefits are composed of the basic benefit amount and, where applicable, of family supplements and additional supplements. The basic benefit amount is 55% of the average net income. 9 Benefit recipients who need to support family members will receive an additional family supplement of EUR 0.97 per day. If the amount of unemployment benefits thus calculated falls below EUR 29.66 (2017) per day, 10 a supplement up to a net replacement rate of 60% of the previous net income will be granted. This ceiling rises to 80%, if family supplements apply. Unemployment cash benefits may be increased by this supplement to no more than the currently applicable equalisation supplement reference rate (EURO 889.84 in 2017).
Unemployment assistance (Notstandshilfe)
Upon exhaustion of unemployment benefits, unemployment assistance is granted for 52 weeks at a time. This benefit is renewable and may be paid until the individual concerned may claim a pension.
Unemployment assistance amounts to 95% of the previous basic amount of the unemployment benefit plus 95% of the previous supplement to unemployment benefits, unless this basic rate exceeds EUR 889.94 (2017 equalization supplement reference rate). In all other cases, unemployment assistance amounts to 92% of the basic amount of previous unemployment benefits.
Unemployment assistance is only granted to those in need and is therefore also means tested against the spouse’s or partner’s earnings. However, such a means test ignores parts of the spouse’s/partner’s monthly earnings (up to EUR 647 in 2017 and increasing with every dependent the spouse or partner has to support). The exemption limits for the partner’s earnings and for dependents are higher for persons aged over 50. 11
Means-tested minimum income scheme
The unemployment benefits and assistance are complemented and supplemented by the means-tested minimum income scheme (Bedarfsorientierte Mindestsicherung – BMS), which was introduced in 2010/2011, and which constitutes a key policy to avoid poverty and social exclusion. Due to the complex competencies to legislate an agreement the federal government and the state government set out the key aspects of this minimum income scheme to be transposed into the relevant federal and state laws. The minimum income scheme comprises benefits to ensure people’s means of subsistence and housing needs, and to afford protection in case of sickness, pregnancy and childbirth. As a flat-rate benefit (= minimum standard), it is designed to ensure cover for recurring expenses on food, clothing, personal hygiene, household effects, heating and electricity, as well as on personal needs to enable claimants to enjoy appropriate social and cultural participation. The minimum rates were, in 2016, EUR 837.76; for couples (per person), EUR 628.32; for children, EUR 418.88; and for children below the age of 18, EUR 226.20. 12 The benefit can be granted also partially if the income or the unemployment benefit/assistance is below the minimum level.
As no agreement between the state governments had been reached by the end of 2016 the unified national minimum level may be undercut. To date two states have deviated from the hitherto existing unified approach and have lowered the payments for persons that have been granted asylum (Upper Austria), 13 or will introduce a lower benefit for persons that have lawfully resided in Austria for less than five years in the last six years, as well as a cap on the maximum overall payment to families with a large number of children (Lower Austria). 14
Special problem: Willingness to accept reasonable suitable employment
Before 2004 the prerequisites for the willingness to accept reasonable suitable employment were defined in a rather narrow way. Suitable employment was, inter alia, that which did not endanger the future employment in the previous occupation of the currently unemployed. Therefore, the unemployed only had to take up jobs more or less similar to their previous occupation until the period for claiming the unemployment benefit had expired.
The labour market reform of 2004 changed this significantly and redefined the notion of reasonable suitable employment. Since then, during the first 100 days of unemployment the old provisions apply. Additionally, during the first 120 days, employment in another field of work or in a part-time job is considered reasonable only if the payment offered amounts to 80% or more of the last pay. During the remaining period of unemployment benefit receipt, employment in another field of work or in a part-time job is considered reasonable only if the contributory pay amounts to 75% or more of the last pay used as an assessment basis for unemployment benefit calculation. This no longer applies at all when the entitlement to unemployment benefit has run out: The long-term unemployed who are on unemployment assistance (following expiry of unemployment benefits) can be reasonably expected to accept even low-wage jobs. In such a case, wages must be at least equivalent to the minimum wages defined in the applicable collective agreement.
Commuting is considered acceptable if it does not extend 2 hours per day (or 1.5 hours for part-time work).
Active Labour Market Policies
Introduction
The Ministry of Labour, Social Affairs and Consumer Protection considers as the most important measures of active labour market policy the following:
15
Increasing the transparency of the market by processing various items of information with the aid of state of the art information technology (job matching, careers information and advice). The subsidization of initial and further vocational training in order to adapt the skills of the labour force to the needs of the market. The promotion of the mobility of the workforce, e.g. by providing assistance in finding suitable child care. Support in overcoming personal problems which make it difficult to advance oneself in employment (advice and support in cases of addiction, debt, homelessness, physical and mental disabilities, etc.). Temporary subsidized employment via recruitment grants to facilitate entry into working life.
Activating measures
Active labour market policies applied by the public employment service focus on three types of measures: promotion of employment, initial and continued training as well as the provision of support. The resources spent on skills training and qualification are considered high in international comparison, with roughly two thirds of the labour market policies funding budget, and almost three quarters of newly subsidised persons accounting for this area. More than one third of all persons registered as unemployed are included in an active labour market policy programme. The respective funds have been increased primarily for disadvantaged groups in the labour market (young people, older workers, non-Austrians, individuals with health-related employment disadvantages) in recent years. 16
One of the key elements of the public employment service’s counselling and guidance services is the (back-to-work) action plan (Betreuungsvereinbarung) agreed between clients and public employment service case workers. The action plan defines the situation at the outset, the targets set, the barriers to achieving the targets and the steps to take to overcome these barriers, division of activities between the client and the case worker, and a timetable. It applies for three or four months. 17
In 2013, a higher amount of unemployment benefit for participation in training measures was introduced. An extra amount (flat rate EUR 1.97 a day in 2017) is due in addition to unemployment benefit during participation in training measures.
Strategic priorities are services for young people (transition to school from work, training guarantees and apprenticeship training, production schools), for women (fostering training in engineering, programme for returners, systematic development of competencies), older workers, people with health issues (re-training benefits), persons from migrant backgrounds, as well as services for claimants of means-tested minimum income and to the chronically long-term unemployed. Subsidies like the journey-to-work subsidy, grants for moving costs, interview grants and childcare subsidies as well as the subsidies to childcare facilities, are also part of the
Some of the measures of the public employment service are aimed at
A
Sanctions
If an unemployed person fails to accept a vacancy or a training measure offered, she/he will lose entitlement to unemployment benefits (unemployment assistance) for as long as she/he refuses to cooperate. In any case, she/he will lose entitlement for a minimum period of six weeks; in repeated cases this period will be extended to eight weeks. Claim duration will be reduced by the period in question (e.g. 30 weeks reduced by six weeks = 24 weeks of claim duration).
If workers are to blame for losing their jobs or they quit their jobs voluntarily, they will not be entitled to unemployment benefits or unemployment assistance in the first four weeks thereafter. Claim duration is not reduced but postponed.
Activation measures for minimum income claimants
Persons claiming minimum income for a longer period of time are assisted to achieve (re-)entry into the labour market. A special exemption limit for returners has been introduced for this purpose, which may also be claimed by those taking up work for the first time. This exemption limit means that any additional money earned is not fully set off against minimum income. As former beneficiaries are no longer obliged to repay benefits, the incentive to (re-)enter the job market becomes stronger thereby.
Cash benefits for persons in employment
The Austrian unemployment insurance provides for an extensive number of cash benefits for persons in employment.
Integration measures
In February 2012 and until 2016, a labour market initiative was launched for
In order to combat youth unemployment, the ‘job guarantee’ for youths was introduced in 2016. According to it, no person under 25 years of age shall be unemployed for more than six months. Those who do not find a job immediately receive an offer of an education/training programme or subsidised employment from the public employment service. The education and training guarantee introduced as early as 2008 applies to youths aged 15 to 19. Some 40% of youths each year start dual apprenticeship training, that is, practical training in a business combined with theoretical instruction at a vocational school. Those youths who do not find an apprenticeship in a business are guaranteed an apprenticeship in an industry-wide organisation. If necessary, they can complete a full dual education/training programme in an apprenticeship workshop, which is considered equivalent to on-the-job training. The ultimate goal still is helping them to find an apprenticeship in a business. 19
Earning additional income
While on unemployment benefits or unemployment assistance, claimants may earn an additional income up to the marginal earnings threshold (EUR 425.70 a month in 2017) without losing their entitlement to these cash benefits. If the additional income from temporary employment (i.e. less than four weeks of work agreed upon or performed) exceeds the marginal earnings threshold, 90% of the net income above the threshold is set off against unemployment benefits or assistance benefits. Thereby the persons on benefits shall be encouraged to (re-)enter the labour market.
Measures securing jobs
Partial unemployment benefits (Kurzarbeitsbeihilfe) are used to mitigate short-term fluctuations in employment caused by temporary economic difficulties and secure jobs through partial compensation of wages lost because of short-time working arrangements. For the purpose of securing jobs in the longer term, the benefit claimant (enterprise and/or employer) in question may be placed under the obligation to keep the current number of employees not only as long as they are put on reduced hours but also for as long afterwards as agreed. Subsidies to skills enhancement while in partial unemployment should help workers to use the hours not worked for ongoing training (which meets labour market and employers’ needs) and thus to improve their chances for sustainable employability. 20
To avoid fluctuations in employment in the construction industry caused by weather-related inactivity, bad weather compensation is granted. 21
Other measures concerning the other four pillars of flexicurity
In 2008 Austria underwent a major reform of the working time legislation. The result provides for greater internal flexibility for partners to works agreements to modify working hours in line with employer and employee requirements, thus derogating from the rather rigid limits set in collective agreements and legislation. In the same amendment of the Working Time Act an extra-work premium for part-timers was introduced to – as the explanatory notes of the draft legislation puts it 22 – fairly compensate them for the flexibility they provide their employers with
All self-employed persons are covered since 1998 by the compulsory public health, pension and workplace accident insurance. Since 2007 they are also included in the statutory severance pay scheme and may opt into unemployment insurance. This especially benefits vulnerable solo entrepreneurs, although they sometimes consider the contributions as a burden and hindering their business growth. There has been some support for the self-employed to recruit their first employee through an exemption from paying non-wage labour costs for a period of a year.
The protection against dismissal for disabled workers was weakened in 2010, and it now only applies after four years of employment. This was justified with the argument that this protection deterred employers from hiring persons with disabilities. The measure was accompanied with an increase in the payment to be paid by employers who do not meet the statutory quota in employing disabled workers.
Findings
The evaluation report for the first phase of flexicurity describes Austria as one of those countries where the European Commission’s flexicurity initiative acted to inspire the policy debate and resulted in the spirit of flexicurity being considered in the reforms implemented. 23 Austria is considered as an example for the balance between flexibility and security. The report states:
‘In Austria, on the whole, strong emphasis is placed on the need to balance flexibility and security, and indeed on the fact that “there is no conflict between labour market flexicurity and social security”, but that the two components strengthen each other. In relation to many measures taken, it is strongly highlighted that any steps towards flexibilisation are balanced out with greater protections. There has been an emphasis towards creating greater flexibility in employment relationships, both externally and internally, for example through the loosening of working time regulations and employment protections for disabled individuals, or the strengthening of requirements to accept a “reasonable job” for unemployed individuals (with reasonableness more widely defined). However, on the whole such steps are balanced with measures to increase security by other measures, particularly for the most vulnerable individuals.’ 24
The report considers Austria as an example for flexicurity as an overarching strategy. It states:
‘In Austria, there is a significant degree of interlinkage between the four components of flexicurity. This is exemplified by the fact that some measures alternately appear as related to different flexicurity components in the NRP; for example the training guarantees can be listed as a lifelong learning or active labour market policy measure and the social security coverage for self-employed and freelancers is mentioned under contractual arrangements and social security measures. It is in the areas of lifelong learning and social security modernisation that there has been the greatest renewed policy emphasis as a result of the EU flexicurity strategy. Although efforts and expenditure may have focussed (particularly in the crisis years) on ALMP measures, there is arguably greater policy stability in this area, whereas responses to the policy challenges in the field of LLL and social security took longer to develop, and are in some cases not yet finalised and in need of further work (e.g. the lifelong learning strategy). Flexicurity considerations feature highly in collective bargaining and because of the strong interlinkages of social partners in policy making the focus here has been rather similar.’ 25
The overview shows that the Austrian public employment service offers a very diverse multitude of measures of active employment policy especially for vulnerable groups. The effects of this are modest as unemployment figures have been rising in the last two years moving Austria’s unemployment figures from second place to the eighth. This is mostly attributed to the weak economic growth and the massive growth of the labour force attributable to workers especially from the newer Eastern European Member States. This example shows well that the concept of flexicurity is able to promote a more or less smooth turnover of jobs with little disadvantages to employees, but only has limited effects on job creation and combatting structural unemployment.
The example of Hungary
Background
Eastern European system of flexicurity
Hungary is considered to be part of the ‘Eastern European system’ of flexicurity that includes also the Baltic States, Poland, Czech Republic, Slovakia, Slovenia, Romania, and Bulgaria. To put it simply, they are characterised by insecurity, intermediate-to-high flexibility and intermediate-to-high taxation. This classification is an oversimplification. However, all in all, we can say that compared with most Western European countries, employment protection legislation is less strict 26 and social assistance in these countries is weak. The countries in this system tend to have high long-term unemployment rates, with unemployment particularly high among older people. 27
Political background
In the socialist period Hungary did not have an unemployment insurance system, as full employment – at least on a formal level – was the official doctrine. The first forms of unemployment benefits had already been introduced before the regime change in as early as 1986. During the transition in 1989 the unemployment rate skyrocketed, therefore the introduction of a real system of unemployment benefit was inevitable. This was shortly followed by active LMPs and by the Act No. IV of 1991 on Promoting Employment and Providing Assistance for the Unemployed. 28
The political landscape in Hungary has changed significantly in the last decade. In 2002 a social-democratic/liberal government prepared the accession and actually joined the EU in 2004. In the 2006 election the social-democratic/liberal government was re-elected but broke up in 2008 followed by elections that brought the right-wing Fidesz as the strongest party. Its main goal was to restart economic growth. Prime Minister Viktor Orbán discarded the idea of a welfare state and asserted that the Hungarian economy must be a work-based economy thereby shifting public employment policy away from paying benefits towards public employment and deregulation of the labour market. The so-called ‘Hungarian Work Plan’ (Magyar Munka Terv) of 2011 identified the extremely low level of employment as the major problem of the Hungarian economy. 29 It set the goal to create 1 million new workplaces within the next ten years by the deregulation of the labour market, improvement in the competitiveness of the workforce and support for the creation of new workplaces and legal employment. 30
By 2014 seemingly significant improvements had been made in reducing unemployment (from 11.4% in 2010 to 7.1% in 2014) and generating economic growth (reaching 3.5% in 2014, the top value among EU Member States). But the growth has been very unequal: the wealth of the top 20% of society grew significantly, while the ratio of people living below poverty line increased and is currently one of the highest in the EU. 31 The decrease in unemployment was also based on the so-called ‘public work programme’ (közmunka program), which favours the unemployment statistics, but has been strongly criticised for several reasons (see in detail below). Another major undisclosed reason of the relatively low level of unemployment is the massive and increasing number of people working abroad. 32 There are no official statistics, but according to estimates at least 500.000 Hungarians work in another country, which counts to 8-9% of the people in economically active age.
Organisation of the protection against unemployment
The structure of the Hungarian authorities responsible for labour market underwent several significant changes in the last decade. It started out as the Public Employment Service with some 20 county labour centres and 170 branch offices. The labour centres had been prestigious state authorities with distinct responsibilities at county level, managed and coordinated by the Employment Office (Foglalkoztatási Hivatal). In 2011, they were renamed and amalgamated with the county government offices to become more embedded in local government policies and actions. The structure became more complex, when the Ministry of Interior took charge of public works programmes and began working directly with county labour offices in planning and running such programmes. In 2012 the Central Employment Office, the Health and Safety Inspectorate (OMMF) and the National Institute of Vocational and Adult Education (NSZFI) were merged to form the National Labour Office (Nemzeti Munkaügyi Hivatal). 33 This also resulted in the county-level branches of the health and safety inspectorate being merged with the county government offices, resulting in significant cuts in staff numbers.
After the re-election of the Orbán government the National Labour Office was closed in 2015 without any consultation with the social partners. The responsibilities of the National Labour Office were distributed to two ministries. The Ministry of National Economy took charge of employment and labour related issues as well as of the county labour centres, which are organised in the frame of the National Employment Service (Nemzeti Foglalkoztatási Szolgálat). 34 It was argued by the government that the restructuring would increase the efficiency of labour market processes and help keep unemployment low; the new structure was considered necessary to help the government achieve its target of full employment. 35 Adult training is currently organised by a newly established office, called National Professional and Adult Vocational Training Office (Nemzeti Szakképzési és Felnőttképzési Hivatal).
The regular reorganisations of the authorities have not served the transparency and efficiency. The European Commission expressed its concern that ‘the overly complex and centralised allocation of responsibilities following the recent reform of the public employment service (PES) is likely to reduce its effectiveness.’ 36
The legal framework of the labour market policies
The protection against unemployment is organised as a compulsory social insurance scheme based on two statutes, namely the Act IV of 1991 on Promoting Employment and Providing Assistance for the Unemployed (1991. évi IV. törvény a foglalkoztatás elősegítéséről és a munkanélküliek ellátásáról) and the Act III of 1993 on social administration and social benefits (1993. évi III. törvény a szociális igazgatásról és szociális ellátásokról). It is financed via contributions of employees (1.5% of the wages) and by the employer who pays a social tax of 27% on top of the wages covering all branches of social security (pension, health and unemployment). Unemployment insurance covers not only employees but also self-employed persons who pay contributions of 1.5% of their declared monthly earnings. 37
Passive labour market policies: Benefits
The system of unemployment benefits and social assistance has been changed several times in recent years. In 2011, with the abolishment of certain forms of benefits, the increase in the conditions of their entitlement and the reduction in the amount of them, a radical change took place. This reform led to an increase in the number of those jobseekers who are not entitled to any kind of social assistance. 38 In addition, the system of public work has been changed (see below)
Currently, there are two types of unemployment benefits in Hungary: Jobseeker’s Benefit (álláskeresési járadék) and Jobseeker’s Assistance before Pension (nyugdíj előtti álláskeresési segély).
Jobseeker’s Benefit (Álláskeresési járadék) 39
The Jobseeker’s Benefit underwent significant changes in 2012. Previously the benefit duration had two parts. The first period lasted for a maximum of 91 days, the second term for another 179 days. In the first term the amount of the Jobseeker’s Benefit was 60% of the previous wage (capped with 120% of the minimum wage) and in the second term it was fixed at 60% of the minimum wage. To be eligible jobseeker had to be employed for at least 200 days during the previous four years. 40
This regime was changed significantly and the conditions were made stricter in 2012. Now to be eligible for the Jobseeker’s Benefit one has to prove prior employment and paid contributions for at least 360 days during the last three years. 41 The benefit amounts to 60% of the claimant’s average pay in the four previous calendar quarters, but is capped at the official minimum wage (i.e. HUF 111,000 gross [EUR 354] in 2016). 42 If the jobseeker’s average wage cannot be determined, the benefit equals to 130% of the national minimum wage. The nominal level of this benefit comes up to 33% of the at-risk-of-poverty threshold. 43
Jobseeker’s Benefit can be received for a minimum of 36 and a maximum of 90 days. For every 10 days the claimant worked in the previous three years they are entitled to one day of benefit, independently on the kind of ending their employment. The extremely short duration of this unemployment benefit is striking. The maximum duration of three months is by far the shortest period in the EU. 44 Even if someone has worked and paid contributions for twenty years, this person will be entitled only to three months’ benefit. This short duration may push jobseekers into barely efficient public work or force them to accept jobs below their qualification level resulting in reduced productivity. 45
To encourage jobseekers to find a job as soon as possible the law opens up the possibility to claim 80% of the remaining amount of the benefit left over from the period as a lump sum payment.
Jobseeker’s Aid before Pension (Nyugdíj előtti álláskeresési segély)
Older persons encounter particular difficulties in finding a new job after becoming unemployed. This allowance intends to help this group. The Jobseeker’s Aid before Pension followed an interesting path as it was actually cancelled in 2005, but reintroduced in 2012. 46
This benefit is payable to jobseekers who are within five years of reaching the applicable retirement age (between 62 and 65 years) and is payable for the entire period until they get entitled to pension. The person concerned first has to exhaust the Jobseekers’ Benefit and cooperate with the employment office. Another condition is to have a sufficient service period to be entitled to an old-age pension (usually 20 years of service). The allowance amounts to 40% of the beneficiary’s earlier average wage with a maximum of 40% of the minimum wage, i.e. HUF 44,400 (EUR 142) in 2016.
In Hungary there is currently no possibility of early retirement with the exception of women who have at least 40 years of service (of which there are at least 32 years of employment). Special exceptions apply to those working in public service (ministries, police, army, etc) and to some artists.
Means-tested social benefits
Social benefits financed from the central budget are provided to make up the other income of people in need. 47 The earlier system of regular social aid was abolished in 2015. The law currently knows four forms of means-tested financial benefits, namely (1) Old-Age Assistance (időskorúak járadéka); (2) Employment Substituting Assistance (foglalkoztatást helyettesítő támogatás); (3) Assistance in case of Damage to Health and Child Care Assistance (egészségkárosodási és gyermekfelügyeleti támogatás); and finally (4) Home Care Assistance (ápolási díj). These social benefits serve the goal to ensure a minimum standard of living for those persons of active age who are not employed.
As a passive labour market means the Employment Substituting Assistance is of particular relevance. This is for people of working age who are able to work, but are unemployed. 48 The precondition of the entitlement to this kind of assistance is the exhaustion of the Jobseekers’ Benefit. Those persons, who are not entitled to Jobseekers’ Benefit, because they do have not completed a sufficient prior employment period, can claim Employment Substituting Assistance only after cooperating for at least one year with the employment office. 49 The person has to cooperate with the employment office, accept appropriate jobs and participate in the public work programme. A further condition of this kind of assistance is that the entire income of the persons and their families does not reach the subsistence level and they do not own any property (beyond the accommodation they are living in). The assistance is paid at a fixed amount equal to 80% of the minimum old-age pension, i.e. HUF 22,800 (EURO 73) per month in 2015. This is an alarmingly low level of assistance.
For those people who are not entitled to Jobseeker’s Benefit or to Employment Substituting Assistance, the municipalities can provide assistance in the form of so-called ‘Local Assistance’ (települési támogatás). Local Assistance can be regular or exceptional (i.e. in case of birth or death), in cash or in kind. These are intended to be the last means of providing some kind of aid for the people in need. The idea, namely that municipalities are nearer to the people and can better decide on their indigence, is right. The real reason behind shifting the responsibilities to the municipalities though, is that they are expected to finance the assistance on their own and receive only partial compensation from the government. However, they certainly are not in the financial position to provide regular assistance to people in poverty.
Earning additional income
The payment of Jobseeker’s Benefit is terminated if the recipient performs a wage-earning activity (except short-term activity not exceeding 120 calendar days during which the payment is suspended) or if he/she accepts a training placement with regular support amounting to the sum of the minimum wage.
The payment of Jobseeker’s Aid before Pension is suspended for the period during which the recipient performs a wage-earning activity (regardless of its length).
Analysis of the passive labour market policies
The main challenge in the regulation of the various benefits in the case of unemployment is to strike the delicate balance between the provision of an appropriate level of benefits in order to replace the income of the people concerned and prevent them from poverty on the one hand, and to motivate them to find another employment, on the other hand. 50 Pushing unemployed people into employment certainly complies with the basic idea of flexicurity to make transitions between employments easier. 51 However, the extremely short maximum duration of the Hungarian unemployment benefit does not comply with the contributory logic of the insurance-based unemployment benefit system. The designation of the unemployment benefit as Jobseeker’s Benefit reveals that the idea of insurance faded into the background and this benefit is clearly used to put strong pressure on the people to take up employment.
Active labour market policies
Public work
Performing public work in one or the other form has been used since 1987. However, their role remained limited until 2000, when – as part of a workfare reform – the task of organising such projects was handed over to local municipalities, with around 90% of wage costs covered by a central government subsidy. Eligibility rules for unemployment assistance were tightened and recipients were obliged to participate in public works for at least 30 days a year. 52
A new scheme was introduced in 2009 when the social-democratic/liberal government presented the ‘Road to work’ programme. It was not a crisis response action, but a reframing of the social benefit system, with a strong commitment to a workfare model. Most of the social benefit recipients were transferred to a new type of benefit for inactive persons. The benefit recipients were obliged to take public work or they lost the benefit of inactive persons. 53
The most recent, more radical reform took place in 2011. The declared aim was to introduce a uniform system and involve more participants in the system for the same funding. The number of public workers has significantly increased in the last couple of years. Some 235,000 and 309,000 people were employed in this kind of work in 2011 and 2013, respectively. 54
Prior to 2011 the amount of their payment equalled to the minimum wage. 55 After 2011, public workers have received 78% of the minimum wage for full time work. The idea behind this wage reduction was to stronger motivate people to look for a job in the real labour market. Also, the possibility to work part-time was introduced. Most of the public works are non-commercial, physical tasks (gardening, cleaning road slides, parks, etc.) and the participants are obliged to accept any kind of job the municipality offers them independently of their educational level and skills. The declared policy behind public work aims at activating people and thus breaking their benefit dependency. 56 Nowadays those able to work will lose their benefits after 90 days of unemployment, unless they agree to do public works.
The public work programme has been criticised for several reasons. One of the major criticisms is that productivity of public work is not a priority; the work is often pointless and thus demoralising. Therefore this kind of work does not serve its dual goals, namely to support the people to get back into the real labour market and produce public value. 57 Empirical studies provide an even more significant criticism, i.e. that public work is not efficient to lead people back to the first labour market. 58 Only 10% of those participating in the public work programme has received a ‘normal’ employment thereafter, while this is 24% for those who have not participated in such programmes. 59 This failure has several grounds, inter alia, the isolated employment of public workers, due to which they do not come into touch with actual employers. 60 The risk is very high that people become trapped in public work. 61 The last available statistics of the National Employment Office from 2012 demonstrates that the proportion of those receiving an employment in the labour market after participating in an active labour market policy was 57.2% compared with the 11.6% of those performing public work. 62
Another major issue is that the public work programme has high costs and takes financial resources away from other active labour market measures. In 2014, public work cost HUF 231.1 billion, while all other active labour market measures came up to HUF 32 billion. Even if we take the EU subsidy to labour market policies into account (HUF 71.3 billion), these are less than the half of the cost of the public work programme. 63 The comparison with other European states reveals that in 2012 Hungary spent the highest proportion of all costs of the active labour market measures for direct job creation. 64 This statement is also true, if we consider also the passive labour market policies. This data proves that the dimension of the Hungarian public work programme to handle long-term unemployment is unique in Europe.
Other activating measures
Next to the public work programme, two major measures have been used to activate unemployed persons, namely subsidies for the employers by state supplement to the wage and the training of the unemployed. An empirical study proved, that both measures are more successful in terms of getting unemployed people into employment, than public work. 65 These measures are more beneficial in case of short-term unemployed persons, but less successful for long-term unemployed.
Employment subsidies are a common, but currently underused measure of the labour policy. The so-called ‘Start’ programmes between 2004 and 2013 (mainly financed by the EU) intended to support the young and older workers, the long-term unemployed and those coming back after childcare. 66 The employers who employed unemployed persons in the frame of this programme, received tax and social security relief. This programme has been closed and not been replaced by another subsidy schemes. There are now definitely not enough subsidies to efficiently support the unemployed to get back to the labour market. Particularly worrying is the situation of mothers, older workers and the Roma people, who need special targeted active labour policy measures. 67
Vocational education and training has not been the focus of the labour policy measures. In 2014, the government started a pilot project that aims at improving the dual vocational education. 68 In 2015, a ministerial decree regulated the training subsidies and the subsidies in case of the creation or improvement of a vocational training establishment within a company. This measure rather serves as a direct subsidy for the wage costs of the newly employed persons, than an actual training programme. The insane degree of centralisation and the poor efficiency of this measure are best demonstrated by the fact that the Minister personally decides on every claim for this subsidy. 69
Other measures concerning the other four pillars of flexicurity
Another landmark in the deregulatory policy of the Orbán government was the adoption of the new Labour Code in 2012 that introduced varied sources of flexibility. 70 The clear expectation of the government was that the law should make employment more flexible and market-compliant in order to enhance the competitiveness of the employers and thus the entire Hungarian economy. 71 This idea dominates throughout the Labour Code.
Main feature of the Code is the loosening of provisions and thereby the creation of external flexibility for employers. Dismissal protection has been traditionally at a very low level and sanctions for the unlawful termination of employment have been further limited. 72 The Labour Code emphasises the importance of the individual employment contract and collective agreements by increasing the individual and collective autonomy. 73 Bearing in mind the fact that trade unions are extremely weak in Hungary and thus collective bargaining hardly plays any role in determining wages and protecting workers’ rights, these changes mean that workers have been left alone. 74
Internal flexibility has also been increased. The working time regulation is as flexible as possible within the frame of the EU Working Time Directive, using this rather as a ceiling instead of a minimum level. The regulation provides employers with great flexibility, for example with the possibility of using 300 hours overtime a year and cutting overtime costs when there is a sudden surge in labour force demand. 75
While the main goal of making labour law more employer-friendly was achieved, the Labour Code has not delivered any major, up-to-date solutions. The earlier dual system with the basic distinction between employees and self-employed has been preserved maintaining the problem of false self-employment. The range of atypical forms of employment has been expanded, 76 but the rules are vague and the social security and tax law do not provide enough incentives for taking advantage of these forms. Altogether, the Labour Code was not an actual well-balanced reform, but served rather the unilateral goal to lessen the protection of workers.
Findings
The evaluation report for the first phase of flexicurity stated that there was no targeted flexicurity strategy in Hungary and this concept was not implemented in a balanced manner across the components. The flexicurity debate across the EU has not had a significant impact on policy development in Hungary, seen instead as ‘superficial’. 77 The novelty and principal concept of flexibility is that the combination of flexicurity and security should result in a ‘positive-sum game’ meaning that both areas should be improved at the same time. 78 This promising idea has not worked in Hungary at all. Flexicurity has been only referred to as a justification for measures aimed at increasing flexibility (most notably in terms of the justification for launching a new labour code). Especially in the last five years all measures and changes have served to increase flexicurity at the cost of security.
One of the major shortcomings of the Hungarian labour market policy is the domination of the public work programme. This one-sided orientation without the appropriate use of active labour policy measures is not efficient to cope with long-term unemployment, and even boosts poverty. In 2015 63% of the National Employment Funds was spent for public work, 12% on some kind of unemployment assistance, and only 25% of the budget was dedicated to active labour policy measures. 79 In the planned 2017 budget of the National Employment Funds the proportions are even more alarming: 66% of the budget is going to be spent on public work and only 20% of the budget is dedicated for active labour policy measures. 80 In both cases the data were calculated based on the assumption that the entire EU LMP subsidy will be used for active measures, which is very probably not the case. The European Commission clearly criticised this tendency, since ‘the public works scheme does not sufficiently support the reintegration of participants into the open labour market.’ 81
In addition, the passive measures are not sufficient to prevent people from living in poverty. The social safety net has been dismantled in the last couple of years; the available benefits provide very little assistance and the number of people falling through the net is rising, resulting in high poverty.
The active labour market policies remain completely on the sidelines. Financial resources especially for training, but also for employers’ subsidies are very low. The labour offices do not have the capacity to perform real profiling of the unemployed to be able to provide efficient advice to find the appropriate training and jobs.
Finally, another relevant shortcoming of the system is the nearly complete lack of any social dialogue and consultation on labour market measures. Workers’ and employers’ organizations cannot actually influence on the decision-making process. In 2012 a new tripartite organisation composed of the government, three trade unions’ federations and three employers’ organisations was created – the so-called ‘Constant Consultation Panel of the Private Sphere and the Government’ (abbr. VKF). It has only consultative function. Although it is not statutory regulated, the minimum wage in 2017 was agreed in this panel and it is irregularly consulted on some other LMP issues.
Final Conclusions
The two examples treated in this article show how two very different approaches to protecting individuals against the loss of paid employment and to supporting their transition back into employment can be organised at a national level, taking into account, more or less, the concept of flexicurity.
The
Footnotes
Declaration of Conflicting Interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The author(s) received no financial support for the research, authorship, and/or publication of this article.
