Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Hungary (Ratification: 1957)

The Committee notes the information supplied by the Government in its last report.

1. The Committee notes, according to the Government's report, that the Act No. 13 of 1993 concerning the protection of trade union property (Magyar Közlöny, 12 March 1993, No. 29, pages 1547-1553) and amending Act No. 28 of 11 July 1991 (Magyar Közlöny, 17 July 1991, No. 80, pages 1725-1733), reproduces the agreement that it had concluded concerning the distribution of trade union property, with the National Association of Trade Unions (MSZOSZ) and the six National Confederations of Trade Unions. According to the Government, the Act No. 13 guarantees that such property will be so distributed that all trade unions will be placed on an equal footing so as to be able to act in full independence.

2. With regard to the distinction between the most representative trade unions and the others under the provisions of Act No. 33 of 2 June 1992 respecting public employees (Magyar Közlöny, No. 56, pages 1953-1964), the Committee notes that in the event of a dispute as to the representativeness of an organization, section 5(3) of the Act provides that the dispute must, at the request of one of the parties concerned, be settled by a court in non-adversarial proceedings and that, as a general rule, the provisions of Act No. 33 do not prevent minority organizations from organizing their activities and representing their members in the event of individual complaints. The Committee considers that the legislation on public employees is not inconsistent with the requirements of the Convention on these points.