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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Hungary (Ratification: 1957)

The Committee notes the Government’s comments on the 2012 observations from the International Trade Union Confederation (ITUC).

The Committee also notes the observations of the workers’ side of the National ILO Council at its meeting of 3 September 2014 included in the Government’s report, as well as the Government’s comments thereon.

The Committee notes the Government’s report, including the information provided concerning: (i) the entry into force of the Fundamental Law of Hungary on 1 January 2012, which provides for the right to organize and the right to collective bargaining in its Articles VIII and XVII; and (ii) the adoption of Act No. XCIII of 2011 on the National Economic and Social Council, which abrogated Act No. LXXIII of 2009 on the National Council for the Reconciliation of Interests.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee previously noted that: (i) section 82 of the Labour Code provides compensation not exceeding the worker’s 12-month absence pay in case of unlawful dismissal of trade union officials or members; (ii) section 83 grants reinstatement in case of dismissals violating the requirement for prior consent of the union’s higher body before terminating a trade union official; and (iii) the Labour Code does not contain penalties for acts of anti-union discrimination against trade union officials and affiliates. Noting that the Labour Inspection Act of 1996 established a mandatory fine for failure by the employer to grant the employment protection envisaged in the Labour Code to employees in an elected trade union position and particularly severe sanctions for repeated offences violating the rights of several employees, the Committee requested the Government to provide information concerning the amount of fines and information on other penalties imposed by labour inspection in cases of acts of anti-union discrimination against trade union officials or affiliates. Moreover, having previously noted numerous allegations of specific acts of anti-union discrimination and alleged delays in the related proceedings, the Committee had invited the Government to initiate a forum of dialogue with the most representative workers’ and employers’ organizations with regard to the functioning and length of the existing proceedings.

The Committee notes the Government’s indications that: (i) section 83 of the Labour Code grants reinstatement, both in case of dismissals violating the principle of equal treatment, and in case of dismissals violating the requirement for prior consent of the union’s higher body before terminating a trade union official; (ii) section 3(1)(l)-(n) of the Labour Inspection Act was repealed on 1 January 2012, which means that monitoring compliance with labour law regarding organization of trade unions and the protection of trade union officials and members is outside the scope of labour inspection and fines are no longer imposed in this context; (iii) the Equal Treatment Authority may, in case of discrimination against trade union officials or members, levy fines ranging from HUF50,000 to 2 million (US$200 to US$8,100) under Act CXXV of 2003 on equal treatment and promotion of equal opportunities (Equal Treatment Act); (iv) under the NGM Decree No. 1 of 2012 on conditions of orderly employment relations and the method of their certification, an employer is not eligible for budgetary aid if subject to a fine for violation of the Equal Treatment Act, unless the commission of the same violation was not established within two years from that decision; and (v) the anti-union discrimination proceedings and their length are determined by the procedural rules of courts and of the Equal Treatment Authority, and a forum of dialogue concerning their proceedings would endanger the impartiality of courts and administrative authorities.

The Committee requests the Government: (i) to indicate whether, given that section 16(1)(a) of the Equal Treatment Act stipulates that the Equal Treatment Authority (ETA) may order the elimination of the situation constituting a violation of law, the ETA may order on that basis reinstatement in case of anti union dismissals of trade union officials and members; (ii) to provide information as to whether the ETA may order compensation on the basis of section 82 of the Labour Code; and (iii) to provide information on the average duration of the proceedings before the ETA related to anti-union discrimination (including of any subsequent appeal procedures before the courts), as well as on the average duration of purely judicial proceedings.

Article 2. Protection against acts of interference. In its previous comments, the Committee requested the Government to indicate the measures taken, or contemplated, so as to adopt specific legislative provisions prohibiting acts of interference. The Committee notes that the Government once again indicates that the Constitution and the current national legislation (sections 6, 7 and 271(4) and Part 3 of the Labour Code) are sufficient to prevent acts of interference; and that, in the case of such acts, courts may enforce the law based on the Labour Code, or the Equal Treatment Authority may apply the same sanctions as those imposed for breaches of the equal treatment principle. The Committee observes that the provisions of the Labour Code and the Equal Treatment Act do not specifically cover acts of interference designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to place workers’ organizations under the control of employers or employers’ organizations through financial or other means. The Committee requests the Government to take measures to adopt specific legislative provisions prohibiting such acts of interference on the part of the employer and making express provision for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions.

Article 4. Conclusion of collective agreements. In reply to its previous request, the Committee notes the statistical data supplied by the Government on the number and coverage of recently concluded collective agreements, as well as the information on collective bargaining at sectoral level.