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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes, from the supplementary information provided, that the economic effects of the COVID-19 pandemic became apparent between February and April 2020, as women’s employment rates fell from 62.5 per cent to 61.4 per cent. The Committee asks the Government to provide information on the impact of the COVID-19 pandemic on the employment rates of both men and women. It also asks the Government to take measures to ensure that women are not disproportionately affected in terms of access to employment and occupation in comparison with men.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation.  The Committee refers to its previous comments in which it noted that, despite a reference to “the equal value of work” in the Labour Code (section 12(3)), the provision does not explicitly provide for an obligation to pay men and women equal remuneration for work of equal value and refers only to the principle of equal treatment in remuneration generally. The Committee notes with regret the Government’s statement in its report that the definition of equal remuneration in section 12(3) of the Labour Code remains unchanged. The Committee recalls that the concept of work of equal value lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality, as it permits a broad scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (2012 General Survey on the fundamental Conventions, paragraphs 672-679). The Committee asks the Government to amend the Labour Code with a view to giving full expression to the concept of work of equal value in order to provide not only for equal remuneration for equal, the same or similar work, but also to address situations in which men and women perform different work which is nevertheless of equal value.

Articles 1 and 2. Gender pay gap.  In its previous comment, the Committee asked the Government to continue providing information on the specific measures addressing the underlying causes of the gender pay gap, as well as statistical information on the distribution of men and women in the various sectors and occupations and their corresponding earnings in the private and public sectors. The Committee notes from the statistics supplied by the Government that women’s earnings amounted to 85.1 per cent of the monthly average earnings of men in 2018, a slight increase from the 2015 figure of 84.2 per cent (with the wage gap falling from 15.8 per cent in 2015 to 14.9 per cent in 2018). It takes notes that the gender pay gap is narrower among young adults (a gap of 9 per cent) and tends to increase from the age of 30, a difference which can probably be explained by women taking time off work due to pregnancy and childcare. The Committee notes the Government’s indication that the gender pay gap is higher in the public sector than in the private sector: in the public sector, women earn 81 per cent of men’s earnings, while in the private sector, they earn 85 per cent of men’s earnings. The gap is even higher in managerial positions: women managers in the public sector earn 75 per cent of the earnings of men managers, and 80 per cent in the private sector. The Committee notes the Government’s statement that it currently has no intention of amending the legislation in relation to wage policy. The Committee also notes, from the Government’s report on the application of the Employment Policy Convention, 1964 (No. 122), the various measures taken to assist women in returning to work after having children and helping them balance work and family responsibilities, such as the “Child Care Allowance Extra” package, allowing parents with infants to work, in addition to receiving benefits and the establishment of Family and Career Centres, which assist women through the provision of training and mentoring services. In its supplementary information, the Government indicates that a new “Women’s empowerment in the family and society” Action Plan (2021-30) is under consultation. The Action Plan outlines measures to address the gender pay gap. The Committee asks the Government to ensure that the “Women’s empowerment in the family and society” Action Plan (2021-30) contains specific measures to address the underlying causes of the gender pay gap, including occupational gender segregation. It asks the Government to provide information on the status of implementation of the Action Plan, as well as on the impact of the measures taken. The Committee also asks the Government to continue providing updated statistical information on the distribution of men and women and their corresponding earnings in the various sectors and occupations, in the private and public sectors.

Article 2. Minimum wages.  The Committee notes from the information provided by the Government that the gross monthly minimum wage increased by 102 per cent between 2010 and 2019, to reach 149,000 Hungarian forint (HUF) in January 2019. In its supplementary information, the Government indicates that in January 2020 the gross minimum wage was increased to HUF161,000. The Committee notes with interest the significant wage increases in recent years in sectors employing a large proportion of women, such as public education, healthcare and social institutions. As examples, the Government provides details on the increase of the minimum wage in the social sector (from HUF138,000 in 2018 to HUF149,000 in 2019), and for professionals working in day-care facilities (with an average monthly wage of HUF202,000). The Committee notes the Government’s statement that these wage increases were targeted in many instances at women. In 2017, 2018 and 2019, wages were also increased in law enforcement, defence, county government offices, the judicial system, municipalities, education, culture, healthcare and the social sector. The Committee asks the Government to continue providing information on minimum wages in the public and private sectors. Noting the Government’s indication that job classifications and salary systems in the public sector continue to be under review, the Committee again asks the Government to provide precise information on how it is ensured that, in redefining the minimum wages for the jobs concerned, rates are fixed on the basis of objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men.

Collective agreements.  In reply to its previous comment, the Committee notes the Government’s indication that it did not implement any measures concerning the private sector, having regard to the fact that the State does not wish to intervene in the private law relations of the parties and that it considers that it is the social partners’ responsibility to promote the removal of unjustified wage differences.  While taking due note of the Government’s position, the Committee again encourages the Government to work with the social partners, including for example through promotional or training activities, to ensure that the principle of equal remuneration for men and women for work of equal value is included in collective agreements, and to consider explicitly including the principle of the Convention in the collective agreements concluded in the public (institutional) sector, and to provide information on the steps taken in this regard.

Article 3. Determination of work of equal value. Objective job evaluation. Private and public sectors.  The Committee refers to its previous comment in which it recalled that the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, using criteria that are free from gender bias (2012 General Survey, paragraphs 675 and 701). In this regard, it notes that the creation of a wage transparency tool is still under consultation and is being examined by the Standing Consultation Forum of the Competitive Sector. In view of the above, the Committee asks the Government to ensure that the development of this tool is based on objective criteria that are free from gender bias and, in particular, that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Government is requested to provide information on any measures adopted to this end.

Article 4. Cooperation with the social partners.  The Committee recalls that the Permanent Consultation Forum (PCF), a tripartite consultative review and proposal-making forum on economic and labour issues, started discussions in April 2016 about the transposition of European Commission Recommendation 2014/124/EU on strengthening the principle of equal pay between men and women through transparency. The Committee notes the Government’s indication that the social partners have not yet reached agreement on the subject.  The Committee asks the Government to continue providing information on any progress made by the PCF concerning the application of the principle of the Convention. It also once again asks the Government to provide information on any other initiatives undertaken in collaboration with the social partners, including awareness-raising campaigns, with a view to advancing the application of the principle of equal remuneration for men and women for work of equal value.

Enforcement.  The Committee notes, from the Government’s supplementary information, that one case regarding the principle of the Convention has been heard by the courts since the provision of the previous report and that it was dismissed. It recalls that the low number of complaints regarding violations of the principle of equal remuneration for men and women for work of equal value does not necessarily indicate that this form of discrimination does not exist. It is more likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of the principle of the Convention among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals. Noting that, during the reporting period, the Equal Treatment Authority (ETA) and the courts have found no cases of violations of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take measures to raise awareness of the relevant legislation and to enhance the capacity of the relevant authorities, including judges, the ETA and labour inspectors, to identify and address cases of discrimination and pay inequality. It also asks the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Committee also asks the Government to continue providing information on the activities of the ETA, including the number of cases related to the principle of equal remuneration for men and women for work of equal value and their outcomes, as well as any cases relevant to the application of the Convention examined by the courts, including the sanctions imposed and remedies granted.

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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee refers to its previous comments in which it noted that despite a reference to “the equal value of work”, in the Labour Code (section 12(3)), the provision does not explicitly provide for an obligation to pay men and women equal remuneration for work of equal value and that it refers only to the principle of equal treatment in remuneration generally. The Committee recalls the discussion held by the National ILO Council in September 2013, during which the issue of specifying the principle of equal remuneration for work of equal value in the law (Labour Code or Equal Treatment Act) was discussed and supported by the workers’ organizations. The Committee also noted that an evaluation of the Labour Code was being conducted. The Committee asks the Government to provide information on any relevant developments concerning the evaluation of the Labour Code and the results thereof. It also again encourages the Government to consider amending the Labour Code with a view to explicitly providing for the principle of the Convention and the use of methods of job evaluation based on objective criteria in order to assess the “equal value” of work.

Articles 1 and 2. Gender pay gap and measures to address the gap. The Committee notes from the statistics supplied by the Government with its report that, in 2015, women’s earnings amounted to 84.2 per cent of the monthly average earnings of men. It notes that this figure is lower than the figure from 2014, according to which women’s earnings represented 86.2 per cent of men’s monthly average earnings. The Committee notes the Government’s indication that women’s earnings are largely impacted by the higher ratio of women in sectors with weaker market position, the lower percentage of women in managerial positions and the breaks in women’s career path due to pregnancy and childcare. The Committee notes the information provided by the Government on the measures taken to review job classifications and salary systems in the public sector, which has led to the revaluation and increase in wages for a set of jobs filled mostly by women, including teaching and medical professions. The Committee further notes the information provided by the Government concerning the provision of childcare facilities with a view to encouraging women’s access to employment and occupation and tackling one of the underlying causes of the gender pay gap. However, no information is provided on any steps taken or envisaged with the objective of addressing the occupational segregation of women. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged, including under the National Strategy for the Promotion of Gender Equality (2010–21), with a view to addressing the underlying causes of the gender pay gap, including occupational gender segregation, and their impact on reducing remuneration differentials between men and women. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various sectors and occupations and their corresponding earnings, in the private and public sectors. The Committee reiterates its request to the Government to provide information on the implementation of the e-Wage Barometer and the Salary Checker, developed in the framework of the “Equal pay for equal work” project (H/005 (HU-06)) and their impact on the reduction of the gender pay gap.

Article 2. Minimum wages. Noting that job classifications and salary systems in the public sector are currently under review, the Committee asks the Government to indicate how it is ensured that, in redefining the minimum wages for the jobs concerned, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men.

Collective agreements. The Committee notes the Government’s indication that it is not able to indicate whether collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to work with the social partners to include the principle of equal remuneration for men and women for work of equal value in collective agreements, and to consider including explicitly the principle of the Convention in the collective agreements concluded in the public (institutional) sector, and to provide information on the steps taken in this regard.

Article 3. Determination of work of equal value. Objective job evaluation. Private and public sectors. The Committee recalls that the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 701). The Committee again asks the Government to indicate the measures taken to promote the development and use of job evaluation methods based on objective criteria in the private sector, in collaboration with workers and employers’ organizations, as well as the steps adopted to develop and use such methods in the public sector.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the Permanent Consultation Forum (PCF) – a tripartite consultative review and proposal-making forum on economic and labour issues – has started discussions in April 2016 about the transposition of European Union Recommendation 2014/124 on strengthening the principle of equal pay between men and women through transparency. The Committee asks the Government to provide information on any progress made by the PCF concerning the application of the principle of the Convention as well as on any other initiative undertaken in collaboration with the social partners, including awareness-raising campaigns, with a view to advancing the application of the principle of equal remuneration between men and women for work of equal value.

Enforcement. The Committee notes from the Government’s report that the Equal Treatment Authority (ETA), in the period from 1 June 2013 to 31 May 2016, issued decisions to reject nine petitions invoking a violation of the principle of equal remuneration for work of equal value, because it failed to find any discrimination due to gender. The Committee notes that awareness-raising activities and training programmes have been organized on relevant legislation and the mandate of the ETA. The Committee also notes the information on the judicial decisions relating to the principle of the Convention. The Committee asks the Government to continue to provide information on the activities of the ETA, including the number of cases related to the principle of equal remuneration for men and women for work of equal value dealt with and their outcomes, as well as any cases relevant to the application of the Convention examined by the courts, including sanctions imposed and remedies provided. Please also provide information on any specific measures adopted or envisaged to strengthen the capacity of the ETA to address cases of violation of the principle of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention Equal remuneration for work of equal value. Legislation. The Committee recalls that the Labour Code sets out the general principle that “in connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed” (section 12(1)) and “the equal value of work for purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labour market conditions” (section 12(3)). Despite a reference to “the equal value of work”, it appears that the Labour Code does not explicitly provide for an obligation to pay men and women equal remuneration for work of equal value but seems to refer only to the principle of equal treatment in remuneration. In addition, in its report, the Government refers to “equal pay for equal work”, which is more restrictive than “equal remuneration for work of equal value”. The Committee welcomes the discussion by the National ILO Council in September 2013 of the Government’s report, during which the issue of specifying the principle of equal remuneration for work of equal value in the law (Labour Code or Equal Treatment Act) was discussed and supported by the workers’ organizations. Noting that an evaluation of the implementation of the Labour Code is being conducted, the Committee asks the Government to consider, in this context, amending the Labour Code to explicitly provide for equal remuneration between men and women for work of equal value and to clarify that work of equal value is to be determined with respect to the tasks to be performed on the basis of objective criteria.

Gender pay gap and measures to address such gap. The Committee notes from the statistics provided by the Government that in 2012, the monthly average salary of women was 83.5 per cent of men’s. The Government indicates that the gender pay gap has grown to a certain extent in recent years. According to the Government, wage differentials are mainly due to the fact that women are concentrated in low paid sectors and jobs, such as health care, education and services, and the lower number of women in management positions. The Committee also notes the Government’s indication that the wage gap for women without children is around 8 per cent whereas it increases to 25 per cent for women with two or more children. The Committee asks the Government to provide information on any measures taken to address the underlying causes of the gender pay gap, such as horizontal and vertical occupational gender segregation and the need for men and women to reconcile work and family responsibilities. The Committee reiterates its request for information on the implementation and use of the e-Wage Barometer and the Salary Checker, developed in the framework of the “Equal pay for equal work” project (H/005 (HU-06)), and their impact on the reduction of the gender pay gap. Please provide statistical information on the distribution of men and women and their respective earnings in the public and the private sectors.

Article 2. Minimum wages. The Committee asks the Government to indicate how it is ensured that, in determining minimum wage rates, the female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value.

Collective agreements. The Committee notes from the Government’s report that 18.3 per cent of the collective agreements in the private sector and 17.2 per cent in the public sector concluded or modified from 1 June 2011 to 31 May 2013 contain provisions concerning women. The Committee asks the Government to indicate whether such collective agreements explicitly provide for equal remuneration between men and women for work of equal value and to consider including such provisions in the collective agreements concluded in the public (institutional sector).

Article 3. Determination of work of equal value. Objective job evaluation. Private sector. The Committee recalls that pursuant to section 12(3) of the new Labour Code, “the equal value of work for the purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts, experience, responsibilities and labour market conditions”. The Committee notes that during the discussion within the National ILO Council, the workers’ organizations pointed out that the “labour market conditions” should not be among the factors to be taken into consideration for the determination of equal value since it does not relate to the nature of the work to be performed. The Committee notes the Government’s indication that the reference to the “labour market conditions” is intended to address the differences in employment and unemployment between the regions and therefore the different wage rates. The Committee recalls that the Convention does not require the abolition of differences in the general wage level between various regions where such differences apply equally to men and women. The Committee also recalls that determining whether jobs are of equal value requires some method of measuring and comparing the relative value of different jobs, normally through objective job evaluation and that such evaluation is made through analysing the content of the job on the basis of objective factors such as skills/qualifications, effort, responsibilities and working condition. The Committee asks the Government to provide information on the measures taken to promote, in collaboration with workers’ and employers’ organizations, the development and use of job evaluation methods based on objective criteria, with a view to ensure that jobs that are mainly occupied by women are not being undervalued in comparison with jobs in which men are predominantly employed.

Objective job evaluation. Public sector. The Committee notes the Government’s indication that in order to promote the objective evaluation of work, the personal performance review system of public service officers is regulated by the Public Officers Act (Act CXCIX of 2011) and Government Decree 10/2013 on the basis of the following principles: regular evaluation; reflection of specialties of the organization; simplification of evaluation procedure; increased transparency and switching between careers. The Committee notes that the Government seems to refer to performance appraisal which aims at evaluating the performance of an individual worker in carrying out his or her job, whereas objective job evaluation is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker. The Committee asks the Government to provide information on the measures taken to develop and use job evaluation methods based on objective criteria, with a view to ensuring that positions mainly held by women are not being undervalued in comparison with positions mainly occupied by men.

Article 4. Cooperation with social partners. The Committee asks the Government to provide specific information on the cooperation with the employers’ and workers’ organizations for the purpose of giving effect to the principle of equal remuneration between men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee notes the information provided by the Government on the judicial decisions made on the basis of the former Labour Code and other regulations. The Committee notes from the Government’s report 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 which is now entirely under the responsibility of the Equal Treatment Authority (EBH). The Committee however considers that labour inspectors, who have regular access to workplaces, workers and employers and to information regarding wages, have a crucial role to play in preventing, detecting and addressing inequalities in remuneration between men and women and in promoting equal remuneration for work of equal value which is of a different nature than that of the EBH, and complementary thereto. The Committee asks the Government to ensure the EBH is allocated sufficient means and its capacity adequately strengthened to address effectively inequalities in remuneration and to ensure compliance with the principle of equal remuneration between men and women for work of equal, and to provide adequate access to the complaints mechanism, assistance and protection of complainants. The Government is requested to continue to provide information on the preventive and enforcement activities of the EBH with respect to the principle of the Convention, including the number of cases dealt with and their outcome. Please also continue to provide information on any cases of unequal remuneration dealt with by the courts, including sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislative developments. The Committee notes that the new Labour Code came into force on 1 January 2012 (Act I of 2012). Section 12(1) sets out the general principle that “in connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed”. Section 12(3) states that “the equal value of work for purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labour market conditions”. The Committee notes that, despite the reference to “equal value” in section 12(3), it is not clear how sections 12(1) and 12(3) interact, or whether there is a right to equal remuneration for men and women for work of equal value, allowing for the comparison of jobs of an entirely different nature. In addition, it appears that parties can derogate from the rights set out in section 12, as there is no prohibition to derogate, unlike that set out in sections 35 and 50, and section 9 allows for the restrictions of the personal rights of workers in certain circumstances. The Committee therefore asks the Government to indicate the manner in which the right to equal remuneration for men and women for work of equal value is implemented in law and practice. Please also provide information on the scope of application of section 9 of the Labour Code with respect to permitting derogations from the rights set out in section 12.

Gender pay gap. The Committee notes from the statistics provided by the Government that in 2010, women earned on average 15 per cent less than men. The Government also indicates that the labour market is still characterized by horizontal and vertical job segregation between men and women. According to the study “Gender wage gap and segregation in contemporary Hungary” published in April 2011, the reality of wage differentials between men and women is in stark contrast with the average estimation of the gender pay gap (16.2 per cent). The study reveals that although there is no gender wage gap in a large part of the labour market (typically seasonal work, construction, agriculture and transport), this segment of the labour market comprises only low-paying sectors offering no career prospects. The study also shows that the gender wage gap increases with the wage level and that gender segregation is much more pronounced by occupation than by sector (glass ceiling effect). According to the study, there is a marked gender wage gap in the private sector where men earn high wages or the female proportion of the workforce is high, while women employed in the public sector or the non-governmental organizations sector are less affected by wage differentials. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes. Please also provide statistical information on the earnings of men and women in the public and the private sectors.

The Committee notes that under the EQUAL programme, the Government implemented an “Equal pay for equal work” project (H/005 (HU-06)) which aims at combating sex-based wage discrimination through the creation and operation of an e-Wage barometer. This barometer and the salary checker developed concomitantly constitute a background database allowing for comparative analysis with regard to wages and working conditions and provide a tool for negotiating collective wage agreements and developing gender-sensitive labour market policies with a view to reducing the gender wage gap and to promoting equal opportunities in the labour market. The Committee also notes that the e-Wage barometer Internet platform is integrated into an international network including over 20 countries, allowing for international comparison and benchmarking. The Committee asks the Government to provide information on the implementation of the e-Wage Barometer and the Salary Checker and the impact on the reduction of the gender pay gap.

Equal opportunity plans at the enterprise level. The Committee notes from the study, “Impact of the equal opportunity plan – Summary and recommendations” of 2011, that while 78 to 84 per cent of public institutions have adopted an equal opportunity plan, only 31 per cent of businesses in the private sector comply with their legal obligation. The study further revealed that overall, employers consider equal opportunity plans unnecessary and adopt such plans only to be in good standing with their legal obligation or to increase their chances of being selected in public procurement procedures. Moreover, workers’ awareness with respect to the adoption and implementation of such plans in their workplace is limited. In its conclusions, the study recommends the taking of action to sensitize and to train both employers and workers regarding the Equal Treatment Act and the rights and obligations stemming from it. The Committee asks the Government to provide information on any follow-up action given to the recommendations of the study so as to improve compliance with the legal obligation to adopt equal opportunity plans, including any sanctions imposed by the Equal Treatment Authority pursuant to section 16(5) of the Equal Treatment Act. The Committee also encourages the Government to undertake a review of the existing equal opportunity plans so as to assess how and to what extent the principle of equal remuneration for men and women for work of equal value is applied by such plans.

Promotion of gender equality. The Committee notes that, as part of the National Strategy for the Promotion of the Social Equality of Women and Men 2010–21 (Government Decision No. 1095/2010 (IV.21.1), a two-year action plan was adopted setting out a strategy to, inter alia, establish equal economic independence of men and women and eliminate wage and employment inequalities (Government Decision No. 1004/2010 (I.24.)). Implementing measures include enforcing the principle of “equal wage for equal work” with a view to combating gender wage differentials, to disseminating standard methods for comparing occupations, performance and wages and to addressing horizontal and vertical gender segregation. Further action is to be taken to sensitize workers’ and employers’ organizations to the measures laid down by the National Strategy. The Committee further notes the Government’s statement that the mandate of the Council for Social Equality between Women and Men provided under Government Decision No. 1008/2009 (I.28.) does not extend to the issue of equal remuneration between men and women. The Committee asks the Government to provide information on the implementation of the measures provided under the biannual action plan to promote the principle of equal remuneration, to address gender segregation in the labour market and to narrow the gender pay gap, as well as on the results achieved. The Committee also asks the Government to provide information on the composition and terms of reference of the Council for Social Equality between Women and Men.

Minimum wages. The Committee notes that, pursuant to Government Decree No. 337/2010 (XII.27) on setting the compulsory minimum wage (Minimum Wage), the amount of the monthly minimum wage was 78,000 Hungarian forint (HUF) as from 1 January 2011, and the minimum wage for workers holding jobs that require at least a secondary school qualification or a vocational qualification was HUF94,000 as from 1 January 2011. The Committee also notes the Government’s indication that while women represent 42 per cent of the workforce in the private sector, 46 per cent of them earn the statutory minimum wage. As regards male workers (representing 58 per cent of the workforce), 10.69 per cent of them are paid the minimum wage. As a result, the proportion of workers earning the minimum wage in the private sector is higher for women (7.4 per cent) than for men (6.2 per cent). The Committee further notes that, pursuant to section 153 of the new Labour Code, the amount and scope of the minimum wage shall be determined by the Government following consultations in the National Economic and Social Council and based on the requirements prescribed for specific occupations, the indicators of the national labour market, the status of the national economy, and the unique requirements of certain economic sectors and geographical areas in terms of the workforce. The Committee asks the Government to provide information on how it is ensured in practice that such criteria, including the requirements prescribed for specific occupations and the unique requirements for specific economic sectors and geographical areas, are free from gender bias and that female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value. The Committee also asks the Government to continue to provide information on the minimum wages and on any impact of the minimum wages on the reduction of the gender pay gap.

Objective job evaluation. The Committee notes that pursuant to section 12(3) of the new Labour Code, “the equal value of work for the purposes of the principle of equal treatment shall be determined based on the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts, experience, responsibilities and labour market conditions”. The Committee also notes the Government’s indication that Government Decision No. 1027/2011 (VI.28.) on the reconciliation of public service careers provides for the adoption of objective job evaluation methods and that the development of such methods is currently under way. Recalling the Government’s acknowledgement that the labour market is still characterized by strong horizontal and vertical gender segregation, the Committee draws the Government’s attention to the necessity of ensuring that work carried out mainly by women is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore asks the Government to provide information on the application in practice of section 12(3) of the Labour Code and on any other measures taken to promote the development and use of objective job evaluation methods in both the public and the private sectors, including any action taken to implement Government Decision No. 1027/2011 (VI.28.).

Cooperation between workers’ and employers’ organizations. The Committee notes the Government’s explanation that under Act LXXIV of 2009 on sectoral dialogue committees, such committees are free to include in their collective agreements programmes or projects aimed to promote the principle of equal treatment of men and women in the workplace. Referring to section 41/A(4) of the previous Labour Code, the Government also indicates that the competent minister registers such an agreement upon the request of the social partners, who then are to comply with their reporting obligation, including by indicating whether the agreement contains special provisions with regard to the equal treatment of women and men. However, the social partners are not required to specify the content of such provisions. The Committee also notes the Government’s indication that, according to the statistics compiled, 25 per cent of the collective agreements registered set out specific provisions for women. The Committee further notes that the new Labour Code does not reproduce section 41/A(4) but that the rules governing the extension of such agreements are now provided under the Act on sectoral dialogue committees (section 17(2)). The Committee asks the Government to supply a copy of Act LXXIV of 2009 on sectoral dialogue committees and to provide information, including statistical data, on the implementation of such Act with regard to the promotion and application of the principle of the Convention.

The Government also indicates that section 3(2) of Act LXXIII of 2009 on the National Council for the Reconciliation of Interests (NCRI) provides the institutional framework for consultations between the Government and workers’ and employers’ organizations with regard to labour market strategy and employment policy, including wage policy. The Committee asks the Government to provide information on how the NCRI addresses the principle of equal remuneration between men and women for work of equal value. Please also supply a copy of Act LXXIII of 2009 on the NCRI.

Enforcement. The Committee notes the Government’s indication that the Equal Treatment Authority conducted, upon request, inspections of the remuneration systems applied in enterprises and found violations of the principle of equal remuneration in several cases where male and female workers were performing the same or similar jobs (EBH/106/20/2009; EBH/1395/10/2009; EBH/1363/13/2009; EBH/117/2010). According to the Government’s report, the Equal Treatment Authority was confronted in some cases by the reluctance of some employers to cooperate in the investigation proceedings. The Committee further notes that the courts have handed down several decisions concerning the application of the principle of equal remuneration, including the Budapest Metropolitan Court’s ruling of 2010 dismissing an application brought by a construction company against a sanction imposed by the Equal Treatment Authority. With regard to the enforcement of the principle of the Convention by the labour inspectorate, the Committee notes that the number of complaints filed before the labour inspection services is very low. The Committee notes the Government’s explanation that cases are being initiated only upon request, and complainants fall outside the scope of persons eligible for anonymity in proceedings, as provided under section 8/A(2) of the Labour Inspection Act and section 39/A of Act CXL of 2004 on the general rules of administrative proceedings and services. It adds that the absence of protection of complainants and the subsequent fear of reprisals remains a major issue in the application and enforcement of the Convention. The Committee further notes that with respect to tenders, the labour inspectorate publishes on its website the list of employers in violation of the equal treatment legislation and sanctioned repeatedly in the two years prior to their submission. Recalling that under section 3(2) of Act LXXV of 1996 on labour inspection, the labour inspectorate is able to take action only upon the lodging of a complaint, the Committee strongly encourages the Government to take the necessary measures to ensure protection of workers filing complaints against any reprisals by the employer so as to facilitate access to the remedies provided by the labour inspectorate. The Committee further asks the Government to indicate whether any other measures have been taken to address infringements of the principle of the Convention, including exclusion from tendering, and to provide information on the number of businesses listed by the labour inspectorate in this regard. Please also continue to provide information on the enforcement activities of the Equal Treatment Authority, including on remedies provided and sanctions imposed, and on any equal remuneration decisions handed down by the courts or other competent bodies.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee understands that the Labour Code is currently undergoing review with a view to its amendment. The Committee asks the Government to provide information on the amendment process and in particular on any amendments made with a view to ensuring the principle of equal remuneration for men and women for work of equal value.

The Committee also notes however that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Gender wage gap. The Committee notes that the wage gap between women and men has remained unchanged since 2005. According to the statistical data made available by EUROSTAT, in 2006 women’s average gross hourly earnings were still 11 per cent lower than those of men. The Committee asks the Government to provide information on any steps taken or envisaged to address the remuneration gap between men and women. In this regard, please indicate any studies conducted with a view to identifying the causes of the gender wage gap and outlining options to address it. Please also continue to provide detailed statistical information on the earnings of men and women.

Article 2 of the Convention. Equal opportunity plans at the enterprise level. The Committee recalls its previous comments stressing the importance of including specific measures promoting the principle of equal remuneration for work of equal value in the equal opportunity plans adopted by employers pursuant to the Equal Treatment Act. The Committee notes that following amendments to the Equal Treatment Act introduced by Act CIV of 2006, the supervision of the adoption of these plans and their implementation falls within the mandate of the Equal Treatment Authority. The Committee asks the Government to provide information on the measures taken, including by the Equal Treatment Authority, to ensure that equal pay issues are addressed in the equal opportunity plans, and on any measures taken to seek the cooperation of workers’ and employers’ organizations in this regard.

National Action Plan for Equal Opportunities. The Committee notes from the Government’s report that a National Action Plan to promote equal opportunities between men and women was expected to be completed by the end of 2007. The Committee asks the Government to provide information on the manner in which the Action Plan addresses equal pay issues and on the measures taken under the Plan to promote and ensure the application of the Convention.

Minimum wages. The Committee notes from the Government’s report that following a 2005 agreement between the Government and the social partners, a guaranteed minimum wage was introduced as from 1 July 2006 to the benefit of persons holding jobs that require at least secondary-school qualification and/or vocational qualification. The Committee asks the Government to provide the text of the Governmental Decree regulating the guaranteed minimum wage which was not attached to the report. The Government is also asked to provide information on any measures taken to assess the impact of the new minimum wage scheme on the earnings of men and women and, in particular, whether it has contributed to the closing of the existing gender wage gap.

Article 3. Objective job evaluation. In the absence of a reply to its previous request regarding the adoption of sectoral and occupational job classifications, the Committee once again asks the Government to provide full information on this initiative and the manner in which the provisions of the Convention are being taken into account in this process. The Committee asks the Government to provide information on any other measures taken to promote objective job evaluation methods as a means of addressing discriminatory undervaluation of jobs based on gender, including in the context of the equal opportunities plans under the Equal Treatment Act.

Parts III and IV of the report form. Enforcement. Recalling its concerns regarding the fact that the Labour Inspectorate is only able to take action with regard to section 142/A of the Labour Code, which applies the principle of the Convention, when a complaint is lodged by a person alleging that his or her right to equal remuneration has been infringed, it refers to the comments addressed to the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to continue to provide information on judicial decisions concerning the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 41(6) of Act CXXV of 2003 (the “Equal Treatment Act”) amends section 142/A of the Labour Code to bring it in line with the Equal Treatment Act’s terminology. It notes from the Government’s report that section 142/A(1) now provides that “in defining remuneration for equal work or work of equal value, the requirement of equal treatment must be met”. Section 142/A(4), as amended, provides that “wages based on job classification or performance must be established as to meet the requirement of equal treatment”. The Committee asks the Government to provide information in its next report on the practical application of section 142/A of the Labour Code, including information on whether any cases involving section 142/A have been dealt with by the courts.

2. Equality plans. Further to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the new section 70A of the Labour Code and section 36 of the Equal Treatment Act of 2004, which provide for the adoption of equal opportunity plans by employers, the Committee considers it of great importance that such plans include specific objectives and practical measures to apply and monitor the principle of equal remuneration for work of equal value. It therefore welcomes the Government’s statement that equal opportunity plans must contain measures that contribute to the “rais[ing] of wages to the level paid to other employees for the performance of jobs of the same value”. The Committee hopes that the Government will make every effort to ensure that equal pay issues are being included in equal opportunity plans and to seek the cooperation of workers’ and employers’ organizations in this regard. The Committee asks the Government to provide information in its next report on the measures taken to promote and ensure the application of the Convention’s principle in the design and implementation of equal opportunity plans. Please also indicate whether there is any statutory obligation to address equal pay issues in equality plans.

3. National Action Plan for Equal Opportunities. The Committee notes that the Ministry for Youth, Social and Family Affairs and Equal Opportunities is responsible for the development, monitoring and the evaluation of the implementation of the National Action Plan for Equal Opportunities for Both Sexes. It asks the Government to indicate how the Action Plan addresses equal pay issues and to elaborate on the specific measures taken by the Ministry to promote and ensure the application of the Convention under the Action Plan.

4. Article 3. Objective job evaluation. The Committee notes from the Government’s report that the Government is planning, in cooperation with the social partners, to facilitate the widespread adoption of sectoral and occupational job classifications and wage-scale systems. The Committee asks the Government to provide more detailed information on this initiative and on the manner in which the provisions of the Convention are being taken into account in this process. It also asks the Government to indicate any measures taken to promote objective job evaluation methods as a means of addressing discriminatory undervaluation of jobs based on gender in the context of equality planning (see point 2 above).

5. Enforcement. The Committee recalls its previous comments concerning the fact that the Labour Inspectorate is only able to take action with regard to section 142/A of the Labour Code following a complaint from a person claiming that his or her right to equal remuneration has been infringed. In this regard, the Committee notes that, during the period covered by the Government’s report, the Labour Inspectorate dealt with one case involving equal remuneration issues which was based on a report by a workers’ association. In this case, the decision made by the authority of first instance was overturned on the ground that, under section 3(2) of Act LXXV of 1996 on labour inspection, compliance with equal treatment requirements shall only be inspected based on a report by the party whose rights or legitimate interests may have been violated. Consequently, any violation of the principle of equal treatment could be inspected only when requested by individual employees and only in connection with their specific cases.

6. In this context, the Committee wishes to emphasize that pay discrimination based on sex is often hidden and the workers concerned may not be aware of its existence. The opportunity for workers’ organizations to report to the Labour Inspectorate and the competence of the Labour Inspectorate to supervise the application of equality provisions on their own initiative are therefore important mechanisms for addressing cases involving discrimination and equal pay. The Committee considers that section 3(2) of Act LXXV may be an obstacle to the full application of relevant national legislation and the Convention. It is also inconsistent with the procedures applying to the newly established Equal Treatment Authority which, by contrast, is authorized to undertake ex officio investigations. The Committee therefore asks the Government to review, in cooperation with the social partners, whether there is indeed a need to limit the competence of labour inspectors to deal with violations of the principle of equal treatment as provided for under section 3(2) of Act LXXV with a view to repealing these restrictions, and to provide information on this matter in its next report. It also asks the Government to supply information on the nature and outcome of any new cases concerning equal remuneration for men and women dealt with by the Equal Treatment Authority and the Labour Inspectorate.

7. Part V of the report form. General appreciation of the application of the Convention. Statistical information. The Committee notes from the report that, according to the 2003 Statistical Yearbook of Hungary, women earned 87.5 per cent of the average monthly gross earnings of men in 2003. The average monthly gross earnings remain very high in some specific branches of economic activity. The Committee also notes from the statistics made available by EUROSTAT that the average gross hourly earnings of women were 11 per cent lower than men’s in 2004, down from 12 per cent in 2003 and 16 per cent in 2002. The Committee asks the Government to continue to provide statistical data indicating developments in respect to the gender pay gap.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report of the Government and the attached documentation.

1. The Committee notes the Government’s indication that according to data from the National Employment Office for 2002, the salaries of women in the private sector were 12.5 per cent lower than those of men working "in comparable jobs", down from 12.7 per cent in 2001. For the public sector, the differential was 14.4 per cent in 2002, up from 11.6 per cent in 2000 and 14.5 per cent in 2001. According to statistical data compiled by the ILO, the overall differential of monthly earnings of men and women was 18.7 per cent for 2001. ILO data also indicates that differentials are much higher than average in some specific fields of economic activity, such as manufacturing (28.6 per cent) and financial services (47.8 per cent). The Committee asks the Government to elaborate on the method used to establish the gender wage differentials, particularly explaining which jobs are being considered comparable and on what basis. The Government is also asked to make every effort to submit full statistical information on the earnings of men and women as outlined in the Committee’s general observation of 1998 and to provide information on any measures taken or envisaged to examine the causes of the gender wage gap, particularly in those sectors where it remains very wide or has recently widened, and on measures undertaken to reduce it.

2. The Committee notes with interest that the position of minister without portfolio charged with promoting the principle of equality, including equal pay for men and women for work of equal value, was created in May 2003 by Presidential Decree No. 48/2002. The Committee looks forward to receiving information on the minister’s activities promoting the application of the Convention. Please also continue to provide information on the relevant activities of other competent bodies and institutions, including the Women’s Representative Council, and the National Interest Reconciliation Council.

3. With respect to enforcement of the legislation relevant to the application of the Convention, the Committee notes that the National Occupational Safety and Labour Inspectorate is only authorized to take action following receipt of an application from a person whose rights have allegedly been infringed. According to the Government no report has been filed so far with the Inspectorate concerning section 142/A, which spells out the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate any measures taken, including in cooperation with the social partners, to promote awareness of equality issues and on the available remedies among the working population. Noting from the Government’s report that court cases dealing with women’s employment have decreased in previous years, the Government is asked to clarify whether any of those cases involved questions of equal remuneration as required under the Labour Code. Please also continue to provide information on the relevant activities of the National Occupational Safety and Labour Inspectorate, including the number of applications received involving equal pay issues.

4. Finally, the Committee thanks the Government for providing the text of the collective agreement for the bakery industry. The Government is kindly requested to provide additional examples of collective agreements containing classification rules, which the Committee will examine together at its next session.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government and the attached documentation, including the comments from the workers’ organizations, members of the National ILO Council and the response of the Government. The Committee also notes the information included in the report submitted by the Government in relation to Convention No. 111.

1. The Committee notes with interest the adoption of Act XVI of 2001, which harmonizes Hungarian legislation with European Council Directive No. 75/117/EEC on the Approximation of the Laws of the Member States relating to the Application of the Principle of Equal Pay for Men and Women, and Directive No. 97/80/EC on the Burden of Proof in Cases of Discrimination Based on Sex. The Act also introduces the concept of indirect discrimination. The Committee welcomes the Government’s indication that following the adoption of this Act, the Labour Code expressly spells out the principle of equal pay for work of equal value and establishes that "labour wage shall mean every form of direct and indirect allowance in cash or in kind given to the employee on the basis of his employment relation". The Committee invites the Government to provide information on the practical implementation and enforcement of these new provisions, including information on judicial cases and labour inspection processes.

2. The Committee notes the Government’s indication that women’s earnings lagged 12.9 per cent behind men’s in comparable positions. Noting that according to the statistics included in the 2000 ILO Yearbook of Labour Statistics the average wage gap between female and male employees amounted to 20.87 per cent in 1998, the Committee asks the Government to specify the year to which the data it provided refer and to supply up-to-date statistics collected by the National Centre for Labour Research and Methodology to allow the Committee to assess the earnings gap.

3. The Committee notes that the Government has provided statistics on employment disaggregated by sex but has not supplied statistical data on the distribution of men and women in the various occupations and at the various levels in the public sector. The Committee asks the Government to provide such information as well as information on any measures taken or envisaged to reduce the remuneration gap between men and women in the public sector and any progress achieved in this regard.

4. The Committee notes Ministry of Labour (MoL) Order 6/1992 on the branch classification of employees. Noting that it provides that collective agreements may be concluded, the Committee invites the Government to provide a copy of any negotiated agreements. The Committee also asks the Government to provide more information on the National Labour Council, which has replaced the Interest Reconciliation Council.

5. The Committee notes with interest the activities conducted by the Women’s Representative Secretariat and invites the Government to continue to provide information on the Secretariat’s work relevant to the Convention. It also requests a copy of the paper on "Wage differentials of men and women in Hungary 1986-1996" published by the National Centre for Labour Research and Methodology. Moreover, please also provide information on any activities conducted by the Women’s Representation Council concerning the principle of equal pay for work of equal value.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report, including the copy of the job classification scheme established by Decree No. 6/1992.

1. The Committee notes that, according to 1997 statistics, women in the 15-24 age bracket characteristically earned higher wages than men. However, the Government indicates that, in higher age brackets, men's earnings exceed those of women and that women's wages, generally, remain below those of men's. The Committee notes that, according to the statistics to be included in the 1999 ILO annual Yearbook of labour statistics, in 1998, women's average earnings in all sectors of economic activity were 78 per cent of men's. According to the above-referenced annual Yearbook, the wage gap between men and women workers in Hungary has remained fairly stable since 1992, fluctuating between 78 and 80 per cent.

2. With regard to the public sector, the Government attributes the existing gender-based wage disparity to the fact that the Act governing the legal status of public servants establishes minimum wages which the employer can exceed and that, since there are more women employed in the public sector than men, public sector employers frequently offer preferences to men in order to retain them in the public sector workforce. The Committee notes the Government's explanations in this regard. Nonetheless, as the Committee pointed out in paragraph 25 of its 1986 General Survey, "a State having ratified the Convention is obliged to ensure the application of the principle of equal remuneration wherever such action is consistent with the methods in operation for determining rates of remuneration, ... principally ... where the State is the employer or otherwise controls business". The Committee therefore expresses its hope that the Government would offer the same financial incentives to both men and women workers in order to achieve the dual objective of ensuring the recruitment and retention of qualified men and women in the public sector workforce as well as ensuring the application of the principle of the Convention to public sector employees. The Committee considers that forms of positive action other than those producing wage disparity might be taken in order to achieve a greater gender balance in the public sector workforce. The Government is requested to provide information, including statistical data, on the distribution of men and women in the various occupations and at the various levels in the public sector. Further, the Committee would be grateful if the Government would provide, in its next report, information on any measures taken or envisaged to further reduce the existing wage gap between men and women and any progress made in this regard during the reporting period.

3. In its previous comments concerning the interpretation of article 70(B)(2) of the Hungarian Constitution, which establishes the right to equal pay for equal work, and the relevant national legislation prohibiting gender discrimination as encompassing work of equal "value" within the meaning of the Convention, the Committee has attached great importance to the specific criteria referred to by the national legislation in order to compare either job requirements or actual job content (see General Survey, paragraph 44). The Committee therefore repeats its request that the Government provide examples in its next report of the manner in which this broader interpretation of the term "equal" or "equal work" as including work of "equal value" is given effect, for example through interpretations contained in administrative or judicial decisions issued during the reporting period.

4. Referring to its previous comments, the Committee again notes that the Labour Code (Act XXII of 1992) does not expressly provide that the principle of the Convention applies to all components of remuneration. It notes the Government's statement that the Labour Code is not in conflict with the requirement that equal remuneration should not apply to basic wages only, but also to supplementary wage elements. The Committee nevertheless recalls that Article 1(a) of the Convention establishes that "remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". As the Committee has repeatedly noted in its comments and in its 1986 General Survey on equal remuneration, the Convention's definition of remuneration is couched in the broadest possible terms so as to ensure that equality is not limited to the basic or ordinary wage, as it is often in the additional emoluments or supplemental payments in cash or in kind that disparities in the remuneration received by men and women may be found. The Committee therefore once again expresses its hope that measures will be taken, such as modification of the Labour Code, to ensure protection of equality in all elements of remuneration in accordance with the principle of the Convention.

5. The Committee previously noted that, under section 143 of the Labour Code, the employer has sole discretion to determine the criteria for the evaluation of performance-related remuneration. It recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. Historical experience has shown that insistence on "equal conditions as regards work, skill and output" can be taken as a pretext for paying women lower wages than men (see 1986 General Survey, paragraph 54). In light of the Government's statement in its report that the social partners guarantee the equity of performance-related evaluation procedures, the Committee requests the Government to provide specific information in its next report regarding the manner in which employers' and workers' organizations, including groups such as the Interest Conciliation Council, ensure that the criteria used by employers to evaluate the performance of workers are objective and free of any gender bias.

6. With respect to enforcement of the principle of the Convention, the Government indicates that there are provisions in place which permit women to seek redress for discrimination, including wage discrimination, but that women typically "do not take advantage of labour inspection nor do they turn to a court of justice to seek legal remedy". In this regard, the Committee notes with interest the information provided by the Government concerning the test litigation which was successfully brought by the Equal Opportunities Secretariat in the Ministry of Labour against discriminatory employment advertising, and which the Government hopes has raised public awareness of the problem of discrimination. The Committee recalls its earlier comments regarding the need to promote public understanding of the principle of the Convention, including by promulgating an official translation of the ratified instrument in Hungarian, in order to advance its application. The Committee once again draws the Government's attention to paragraphs 197 and 198 of the 1986 General Survey, which set forth the various means adopted by governments, often in collaboration with the social partners, to promote the application of the Convention by carrying out public information and legal literacy programmes. It requests the Government to provide, in its next report, information on the measures taken in this regard during the reporting period.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It also notes the promulgation of Act No. 55 of 1995, amending Act No. 22 of 1992 on the Labour Code. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will provide full information on the above cited legislation as well as on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's report and the comments from the National Federation of Workers' Councils (NFWC) pointing out that the Convention has not been officially promulgated and so there is not, as yet, any authentic Hungarian translation of it, and that there is no definition in the law of the term "remuneration" which corresponds to the definition in Article 1(a) of the Convention.

2. With regard to the application of section 141 of the 1992 Labour Code, which provides that employees are entitled to receive wages on the basis of their employment contract and that any other agreement specifying otherwise is null and void, the Committee notes the Government's explanations to the effect that this provision simply means that other agreements do not apply automatically to the contractual relationship between a worker and an employer. Since all other components of this remuneration are negotiable, the worker may not demand that some other agreement be applied automatically to his work contract. The Government assures the Committee that this provision has no effect on the application of the principle of equal remuneration since the general ban on discrimination applies to both the basic wage and the other components of remuneration which are paid without any discrimination based on sex. The NFWC contests this assertion on the grounds that, in practice, the principle of the Convention is applied only to the basic wage, there being no statutory definition of the term "remuneration" that corresponds to that of Article 1(a) of the Convention. In the case of performance-related pay, for example, the basic wage is paid only to workers attaining 100 per cent efficiency and the definition of the efficiency requirements are very largely the prerogative of the employer. The NFWC points out that the Labour Code does not allow a worker or a trade union organization, in negotiating with the employer, to request information on the remuneration paid to a worker of the opposite sex or to have access to documents relevant to wage fixing. The NFWC asserts that, as a result, there is no means of checking that the Convention is properly applied, as is borne out by the statistics, which show that, on average, women earn 10 to 15 per cent less than their male counterparts. The Government replies that, although the Labour Code does not expressly stipulate that the principle of equal remuneration applies to all components of remuneration, all discrimination in employment, including on grounds of sex, is banned by section 5 of the Code, and that the wording of Chapter VII (governing, inter alia, the emoluments paid by the employer other than the basic wage) is neutral as regards the sex of the worker. The Government refutes the NFWC's assertion concerning the communication of information, pointing out that under section 3(2) of the Code, the employer may communicate information or data to third parties (in the cases authorized by law or with the consent of the person concerned) and that under sections 21 and 22, trade unions have access to information concerning matters which affect the economic and social interests of workers in the context of their employment. The NFWC's aim is to change the situation so that it is no longer considered as a third party, which the Government cannot allow.

3. The Committee notes these explanations. With regard to the fact that the law does not expressly state that the principle of the Convention applies to all components of remuneration and not only the basic wage, the Committee hopes that the legislation will be amended as soon as the opportunity arises, in order to remove any ambiguities in this respect. With regard to the evaluation of the worker's performance, the Committee notes that, under section 143 of the Labour Code, it is the employer alone who determines the criteria concerning performance-related pay. Recalling that the social partners also have a responsibility for the application of the principle of equal remuneration, the Committee asks the Government to draw the attention of the employers' and workers' organizations, for instance within the Interest Coordination Council, to the importance of ensuring that the criteria for evaluating the performance of workers are free from all discrimination based on sex.

4. In its previous direct request, the Committee noted that article 70/B(2) of the 1989 Constitution guarantees the right to equal remuneration for equal work and asked the Government to provide information on how the broader concept of equal pay for work of equal value is applied, in accordance with Article 2 of the Convention. The Government replies that protection against discrimination between men and women in respect of work of equal value is guaranteed, since the Constitution and the legislation ban discrimination on grounds of sex and that the relevant provisions apply to equal work and also to work of equal value. The Government points out that there are penalties for employers who violate the ban and that, in cases of alleged discrimination, the burden of proof rests with the employer. The Committee therefore concludes that the expression equal work is to be construed not literally but as encompassing work of equal value within the meaning of the Convention. In view of the ambiguity of the term "equal", which may be interpreted more or less narrowly (see paragraph 44 of its General Survey on equal remuneration, 1986), the Committee hopes that in its future reports the Government will be able to provide examples of a broader application of this expression, for example in judicial decisions.

5. The Committee notes that, according to the National Report on the Status of Hungarian Women, prepared for the United Nations Fourth World Conference on Women, in 1993, women earned 25 per cent less on average than men. It notes that the existence of this wage gap is confirmed by the conclusions of a study to the effect that, between 1986 and 1994, the differential between men's and women's average wages narrowed from 35 per cent to 20 per cent. According to the same study, this improvement can be explained by an upgrading of the value of clerical work, where there is a majority of women, and by the fact that the sectors most affected by the economic recession are those employing a majority of low-skilled workers. However, the study shows that the reduction in the wage differential between men and women was counteracted by a considerable increase in the income advantage that men had over women in all jobs requiring high qualifications, and that, in the more developed regions of the country, when men and women performed the same jobs and had equal qualifications, men's earnings were higher. The Government also points out that the Information Bulletin on Income Rates in 1995, published by the Ministry of Labour in March 1996, confirms that there is a difference (of 10.5 per cent on average) between the wages of men and women in similar jobs. Since the Government stresses that, in the public sector, there is still discrimination similar to that in the private sector -- despite the fact that pay promotion schemes are fairly rigid in the public sector and do not make a distinction between men's and women's wages -- the Committee asks the Government to inform it of the measures taken or envisaged to determine the nature of these inequalities (for example by using the results of the study mentioned above) and to remedy them. With regard to the private sector, the Committee wishes to remind the Government that, when the State does not have the authority to ensure the application of the principle of equal remuneration, it should none the less encourage it and cooperate with employers' and workers' organizations in order to give effect to the provisions of the Convention. It therefore asks the Government to keep it informed of its efforts in this respect.

6. With regard to the NFWC's statement that no official translation in Hungarian has been promulgated, the Committee wishes to recall that promulgation by a member State of a ratified Convention is not an obligation under the ILO Constitution. Nevertheless, it draws the Government's attention to the fact that the application of a ratified Convention implies informing the persons concerned. Furthermore, Paragraph 7 of Recommendation No. 90 stresses that every effort should be made to promote public understanding of the grounds on which it is considered that the principle of equal remuneration for men and women workers for work of equal value should be implemented. Translating the Convention so that it can be broadly disseminated would be a means of promoting such understanding. The Committee draws the Government's attention to paragraphs 197 and 198 of the General Survey which give an account of the various means adopted to promote the application of the Convention by carrying out public information programmes.

7. The Committee notes that, in reply to its request for a copy of the "regulations on remuneration" issued under the Labour Code, referred to in its previous report, the Government indicates that there has been no such publication. With regard to other regulatory texts relevant to the implementation of the principle of the Convention, the Committee again asks the Government to provide, in its next report, a copy of the job classification established by Decree No. 6/1992 which, according to the Government, was appended to the present report but which has unfortunately not been received. It notes the Government's statement to the effect that, to date, there has been no study on the impact of the new system to ascertain whether it has led to any decrease in wage differentials in sectors employing mostly women.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's report and the comments from the National Federation of Workers' Councils (NFWC) pointing out that the Convention has not been officially promulgated and so there is not, as yet, any authentic Hungarian translation of it, and that there is no definition in the law of the term "remuneration" which corresponds to the definition in Article 1(a) of the Convention.

2. With regard to the application of section 141 of the 1992 Labour Code, which provides that employees are entitled to receive wages on the basis of their employment contract and that any other agreement specifying otherwise is null and void, the Committee notes the Government's explanations to the effect that this provision simply means that other agreements do not apply automatically to the contractual relationship between a worker and an employer. Since all other components of this remuneration are negotiable, the worker may not demand that some other agreement be applied automatically to his work contract. The Government assures the Committee that this provision has no effect on the application of the principle of equal remuneration since the general ban on discrimination applies to both the basic wage and the other components of remuneration which are paid without any discrimination based on sex. The NFWC contests this assertion on the grounds that, in practice, the principle of the Convention is applied only to the basic wage, there being no statutory definition of the term "remuneration" that corresponds to that of Article 1(a) of the Convention. In the case of performance-related pay, for example, the basic wage is paid only to workers attaining 100 per cent efficiency and the definition of the efficiency requirements are very largely the prerogative of the employer. The NFWC points out that the Labour Code does not allow a worker or a trade union organization, in negotiating with the employer, to request information on the remuneration paid to a worker of the opposite sex or to have access to documents relevant to wage fixing. The NFWC asserts that, as a result, there is no means of checking that the Convention is properly applied, as is borne out by the statistics, which show that, on average, women earn 10 to 15 per cent less than their male counterparts. The Government replies that, although the Labour Code does not expressly stipulate that the principle of equal remuneration applies to all components of remuneration, all discrimination in employment, including on grounds of sex, is banned by section 5 of the Code, and that the wording of Chapter VII (governing, inter alia, the emoluments paid by the employer other than the basic wage) is neutral as regards the sex of the worker. The Government refutes the NFWC's assertion concerning the communication of information, pointing out that under section 3(2) of the Code, the employer may communicate information or data to third parties (in the cases authorized by law or with the consent of the person concerned) and that under sections 21 and 22, trade unions have access to information concerning matters which affect the economic and social interests of workers in the context of their employment. The NFWC's aim is to change the situation so that it is no longer considered as a third party, which the Government cannot allow.

3. The Committee notes these explanations. With regard to the fact that the law does not expressly state that the principle of the Convention applies to all components of remuneration and not only the basic wage, the Committee hopes that the legislation will be amended as soon as the opportunity arises, in order to remove any ambiguities in this respect. With regard to the evaluation of the worker's performance, the Committee notes that, under section 143 of the Labour Code, it is the employer alone who determines the criteria concerning performance-related pay. Recalling that the social partners also have a responsibility for the application of the principle of equal remuneration, the Committee asks the Government to draw the attention of the employers' and workers' organizations, for instance within the Interest Coordination Council, to the importance of ensuring that the criteria for evaluating the performance of workers are free from all discrimination based on sex.

4. In its previous direct request, the Committee noted that article 70/B(2) of the 1989 Constitution guarantees the right to equal remuneration for equal work and asked the Government to provide information on how the broader concept of equal pay for work of equal value is applied, in accordance with Article 2 of the Convention. The Government replies that protection against discrimination between men and women in respect of work of equal value is guaranteed, since the Constitution and the legislation ban discrimination on grounds of sex and that the relevant provisions apply to equal work and also to work of equal value. The Government points out that there are penalties for employers who violate the ban and that, in cases of alleged discrimination, the burden of proof rests with the employer. The Committee therefore concludes that the expression equal work is to be construed not literally but as encompassing work of equal value within the meaning of the Convention. In view of the ambiguity of the term "equal", which may be interpreted more or less narrowly (see paragraph 44 of its General Survey on equal remuneration, 1986), the Committee hopes that in its future reports the Government will be able to provide examples of a broader application of this expression, for example in judicial decisions.

5. The Committee notes that, according to the National Report on the Status of Hungarian Women, prepared for the United Nations Fourth World Conference on Women, in 1993, women earned 25 per cent less on average than men. It notes that the existence of this wage gap is confirmed by the conclusions of a study to the effect that, between 1986 and 1994, the differential between men's and women's average wages narrowed from 35 per cent to 20 per cent. According to the same study, this improvement can be explained by an upgrading of the value of clerical work, where there is a majority of women, and by the fact that the sectors most affected by the economic recession are those employing a majority of low-skilled workers. However, the study shows that the reduction in the wage differential between men and women was counteracted by a considerable increase in the income advantage that men had over women in all jobs requiring high qualifications, and that, in the more developed regions of the country, when men and women performed the same jobs and had equal qualifications, men's earnings were higher. The Government also points out that the Information Bulletin on Income Rates in 1995, published by the Ministry of Labour in March 1996, confirms that there is a difference (of 10.5 per cent on average) between the wages of men and women in similar jobs. Since the Government stresses that, in the public sector, there is still discrimination similar to that in the private sector - despite the fact that pay promotion schemes are fairly rigid in the public sector and do not make a distinction between men's and women's wages - the Committee asks the Government to inform it of the measures taken or envisaged to determine the nature of these inequalities (for example by using the results of the study mentioned above) and to remedy them. With regard to the private sector, the Committee wishes to remind the Government that, when the State does not have the authority to ensure the application of the principle of equal remuneration, it should none the less encourage it and cooperate with employers' and workers' organizations in order to give effect to the provisions of the Convention. It therefore asks the Government to keep it informed of its efforts in this respect.

6. With regard to the NFWC's statement that no official translation in Hungarian has been promulgated, the Committee wishes to recall that promulgation by a member State of a ratified Convention is not an obligation under the ILO Constitution. Nevertheless, it draws the Government's attention to the fact that the application of a ratified Convention implies informing the persons concerned. Furthermore, Paragraph 7 of Recommendation No. 90 stresses that every effort should be made to promote public understanding of the grounds on which it is considered that the principle of equal remuneration for men and women workers for work of equal value should be implemented. Translating the Convention so that it can be broadly disseminated would be a means of promoting such understanding. The Committee draws the Government's attention to paragraphs 197 and 198 of the General Survey which give an account of the various means adopted to promote the application of the Convention by carrying out public information programmes.

7. The Committee notes that, in reply to its request for a copy of the "regulations on remuneration" issued under the Labour Code, referred to in its previous report, the Government indicates that there has been no such publication. With regard to other regulatory texts relevant to the implementation of the principle of the Convention, the Committee again asks the Government to provide, in its next report, a copy of the job classification established by Decree No. 6/1992 which, according to the Government, was appended to the present report but which has unfortunately not been received. It notes the Government's statement to the effect that, to date, there has been no study on the impact of the new system to ascertain whether it has led to any decrease in wage differentials in sectors employing mostly women.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

1. The Committee understands that the Hungarian text (and the English translation) of article 70/B(2) of the 1989 Constitution guarantees "the right to equal pay for equal work", and not what the Government's report states, namely "For work of equal value, every person has the right to equal remuneration, without any discrimination". In view of the wording of Article 2 of the Convention, the Committee asks the Government to supply information on how the broader concept of equal pay for work of equal value is applied, given the limited wording of this constitutional provision.

2. The Committee notes section 141 of the 1992 Labour Code, which provides that employees are entitled to receive wages on the basis of their employment contract, outside agreements being null and void. Please provide information on the way in which this provision is applied, and in particular whether it affects the application of the principle of equal remuneration beyond the basic wage.

3. The Committee would appreciate receiving information on the payment on the various supplements listed under sections 146 ff. of the Labour Code, which, according to the ban on certain work by women elsewhere in the Code, appear to be available only to male workers.

4. Please supply a copy of the "regulations on remuneration" of the Labour Code (which apparently cover only the most basic conditions of remuneration), referred to in the Government's report.

5. Regarding the public service, the Committee would appreciate receiving information on how the principle of equal remuneration is ensured to public servants covered by Act No. 33 on the legal status of public servants of 5 May 1992, who perform work which is of equal value, but of a different nature.

6. The Committee asks the Government to transmit with its next report a copy of the new 23-category job classification, as well as information on the impact this new system has had on those industries employing large numbers of women (for example, has any identified wage gap decreased?).

7. The Committee notes that the 1992 statistics supplied by the Government show clear wage gaps in the earnings of men and women (20 per cent on the national average and up to 40 per cent in industries employing predominately males, such as mining), but that the Government states that these data do not prove discrimination against women in remuneration. It states that the gap can be explained by other reasons, namely: men frequently perform harder and more difficult work; and women may be responsible for family duties and therefore cannot be counted on and are paid less than men, even in theoretically similar work. The Committee also notes the comments of the National Confederation of Hungarian Trade Unions, according to which the wage gaps observed are not proportionate to the lesser amount of work done by women (presumably when they are absent because of family duties). The Confederation supplies 1993 figures showing a decreasing difference between men's and women's remuneration, and states its belief that the new job system and the works councils established under the 1992 Labour Code can improve pay equality between men and women workers.

The Committee draws the Government's attention to paragraphs 100 and 250 of its 1986 General Survey on Equal Remuneration, which point to the need for an overall approach to eliminating sex-based inequalities if the principle of this Convention is to be applied in full. In particular it refers to paragraph 252 of the General Survey where it observed that the equal evaluation of work and equal rights to all of the components of remuneration cannot be achieved in a general context of inequality. It asks the Government to supply copies of any studies, inquiries, or research - carried out under the auspices of the Government and its concerned departments or by the social partners - which attempt to analyze the clearly sex-based wage differentials in an effort to identify those elements, criteria or procedures which are giving rise to this situation, and to introduce measures to eliminate them.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that, for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through application of the principle of equal pay for work of equal value. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) data concerning the average earnings of women and men broken down, where possible, by occupation or sector of employment; (ii) copies of collective agreements, especially for enterprises or industries employing significant numbers of women; (iii) information concerning any surveys or studies undertaken or envisaged with a view to ensuring or promoting equality between women and men, particularly in respect of remuneration; and (iv) whether steps have been taken or are contemplated to re-examine the uniform job classification system introduced in 1984, with a view to including additional evaluation criteria which reflect the requirements of jobs most commonly undertaken by women.