Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Hungary (Ratification: 1961)

Article 1 of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments on the Labour Code 2012, in which it noted that the Code, although providing for the principle of equal treatment (section 12), does not explicitly prohibit discrimination nor does it enumerate any prohibited grounds of discrimination or refer to the prohibited grounds enumerated in the Equal Treatment Act 2003. The Committee notes the Government’s indication that the Labour Code has to be read in conjunction with the Equal Treatment Act 2003, which complements section 12(1) of the Labour Code. The Committee recalls that, following an amendment to the Labour Inspection Act of 1996, which entered into force in 2012, the competence of the labour inspectorate no longer covers compliance with equal treatment provisions. This is now entirely a matter for the Equal Treatment Authority (ETA). The Committee previously noted that labour inspectors, who have regular access to workplaces and to workers and employers, have a crucial role in preventing, detecting and addressing discrimination and promoting equality in employment and occupation. This role is different from, but complementary to, the role played by the ETA. Recalling that the implementation of the Convention presupposes a clear and comprehensive legislative framework as well as ensuring that the right to equality and non-discrimination is effective in practice, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to consider amending the Labour Code to include provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, on at least all the grounds listed in Article 1(1)(a) of the Convention, and to review the competences of the labour inspectorate with a view to extending them to cover the legislation addressing equal treatment. The Committee asks the Government to provide information on any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.