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

Equal Remuneration Convention, 1951 (No. 100) - Hungary (Ratification: 1956)

Gender pay gap. The Committee notes that in 2007, the Gender Equality Section of the Ministry of Social Affairs and Labour set up a Working Group on “Equal Pay for Equal Work” which conducted a range of activities, including the preparation of several studies, the collection of gender-disaggregated pay data and the preparation of a pay analysis. The Committee particularly notes the study entitled “Inequalities of chances appearing in the earnings from salaries of men and women as reflected by statistical data” (2007), concluding that the gender pay gap is an existing phenomenon, which is explained in large part by occupational segregation. The study calls for better monitoring and implementation of the laws dedicated to equal treatment and anti-discrimination. The Committee also notes the Government’s indication that since 2006, the gender pay gap has been widening, in particular in the public sector; and notes from the statistical data of the Hungarian Central Statistical Office (2010 statistics) and the National Employment and Social Office (2009 statistics), the persistence of the gender pay gap, and occupational segregation in some economic branches. The Committee notes in particular the considerable earnings gap in some industries in 2009 such as “financial and insurance activities” (43 per cent), where women are employed in an overwhelming proportion (63.6 of women compared to 25.2 of men). The Committee asks the Government to continue to provide information on measures taken to address the gender pay gap in the public and the private sectors, as well as information on measures taken to address occupational segregation. Please continue to provide statistical information on the earnings of men and women, in the public and the private sectors.

Equal opportunity plans at the enterprise level. The Committee notes from the Government’s report that inspections have been conducted by the Equal Treatment Authority and measures were taken where there had been a failure to adopt a gender equality plan. It also notes that the principle of “equal pay for equal work” has been promoted by the Authority through lectures and conferences given to the representatives of both employers’ and employees’ organizations. The Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value has been addressed in the equal opportunity plans, including whether they address objective job evaluation. Please also provide information on measures taken or envisaged by the Equal Treatment Authority to promote equal remuneration not only for equal work, but also for work of equal value.

Promotion of gender equality. The Committee notes that the development of a long-term National Strategic Plan on the Promotion of Gender Equality began in 2007. The aims of the Strategic Plan include ensuring equal economic independence for women and men, eliminating the gender pay gap and employment disparities, and eliminating gender stereotypes in society. The Committee also notes the Government’s indication that actions plans will be developed on a biannual basis and will contain short-term measures to ensure implementation of the priorities identified by the National Strategic Plan.

The Committee, furthermore, notes the reference to government decision No. 1008/2009 (I.28.) on the functioning of the Council for Social Equality between Women and Men. The Committee asks the Government to provide information on the development and implementation of the action plans pursuant to the National Strategic Plan with respect to the principle of equal remuneration between men and women for work of equal value. The Committee, furthermore, asks the Government to indicate how the Council for Social Equality addresses the issue of equal remuneration.

Minimum wages. The Committee notes from the Government’s report that the national minimum wage is laid down by Government Decree No. 321/2008 (XII.29) on Setting the Compulsory Minimum Wage (Minimum Wage). The Committee notes that according to the agreement, the amount of the minimum wage is 71,500 Hungarian forint (HUF) as from 1 January 2009; and that the minimum wage for workers holding jobs that require at least secondary-school qualification and/or vocational qualification is HUF87,500 as from 1 July 2009. The Committee also notes the Government’s statement that available data indicate that the average pay gap among skilled workers has narrowed slightly since the introduction of the guaranteed minimum wage. The Committee asks the Government to continue to provide information on the minimum wages and any impact of the minimum wages on the gender wage gap.

Objective job evaluation. The Committee notes from the Government’s report that career structures and salary systems are able, in principle, to specify work and jobs of equal value in the public sector. In this regard, the Committee draws the Government’s attention to the importance of carrying out objective job evaluation in the private and public sectors to determine the respective value of jobs, which is necessary in order to apply the principle of equal remuneration for men and women as set out in the Convention. In the absence of specific information on job evaluation, the Committee requests the Government to provide information on any measures taken or envisaged to promote job evaluation methods.

Cooperation between workers’ and employers’ organizations. The Committee notes that 23 sectoral dialogue committees have been established in the competitive sector; and that sectoral collective agreements have been reached. The Committee demands the Government to provide specific information on how the sectoral committees address the principle of equal remuneration between men and women for work of equal value, including job evaluation. Please also provide summaries of relevant provisions in collective agreements.

Enforcement. The Committee notes that the Supreme Court has decided some cases concerning pay discrimination. It also notes the Government’s indication that the Equal Treatment Authority has the power to investigate cases of violation of the principle of “equal pay for equal work”, and is assisted by an Advisory Board of Equal Treatment in this regard. The Committee notes the opinion of the Advisory Board on the Principle of Equal Pay for Equal Work (384/2008 viewpoints). With regard to inspection, the Committee notes the Government’s statement that the Hungarian Labour Inspectorate has no statistics on gender-based discrimination violating the principle of “equal pay for equal work”. It also recalls its previous comments on the limited capacity of the Labour Inspectorate, and refers in this regard to the comments addressed to the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to indicate whether and to what extent the Equal Treatment Authority applies the principle of equal remuneration for work of equal value, including addressing situations where the work being compared is of a different nature and where jobs are performed under different conditions for different employers. The Committee also asks the Government to provide information on measures taken or envisaged to ensure the effective contribution of labour inspectors to the application of the principle of the Convention. Please continue to provide information on any equal pay cases handed down by courts or other competent bodies.