Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Paid Educational Leave Convention, 1974 (No. 140) - Hungary (Ratification: 1975)

Articles 2–5 of the Convention. Policy to promote paid educational leave. The Committee notes the Government’s report received in October 2013 which contains information in connection with the 2009 direct request, including copies of relevant court decisions. It notes that new legislative provisions concerning paid educational leave for training purposes entered into force in 2012 with the reform of the Labour Code. According to section 55 of the Labour Code, employees are entitled to paid educational leave for the purpose of elementary education. This provision also stipulates that employees pursuing initial and continuing training can be granted paid educational leave, if it is provided for in the agreement signed with the employer. The workers’ representatives at the National ILO Council observe that this regulation is not in line with Articles 2, 3 and 5 of the Convention since it does not guarantee the possibility of paid educational leave for the purposes listed by the Convention. The Government indicates that the Labour Code of 2012 contains only a general rule regarding paid educational leave that can be subject to modification by agreement of the parties. The Committee requests the Government to provide information on the measures taken within the framework of its national policy on paid educational leave to contribute to the realization of Article 3(a) of the Convention. Taking into consideration Article 4 of the Convention, the Committee also invites the Government to include information on the manner in which this policy is coordinated with general policies on employment, education and training.

Article 2(c). Paid educational leave for trade union education. The Committee notes that the Labour Code of 2012 does not contain a specific provision allowing for paid educational leave for trade union education. The workers’ representatives at the National ILO Council observe that this change was detrimental to trade unions. In this regard, the Government indicates that the removal of the provision on leave for trade union education does not prevent trade union representatives from obtaining such leave by other means, such as collective agreements or through the system of working time reduction envisaged for the exercise of trade union functions. The Committee notes that an evaluation on the implementation of the Labour Code of 2012 is being undertaken by the Government and hopes that the points raised in this direct request will be taken into account in order to ensure effective implementation of all provisions of the Convention. The Committee requests the Government to include information on further measures adopted with the aim to promote paid educational leave for trade union education (Article 2(c)), as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012.

[The Government is asked to reply in detail to the present comments in 2015.]