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

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).

Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee refers to its previous comment in which it requested information on the practical application of Decree No. 33/1998, on mandatory pregnancy testing prescribed for work involving exposure to chemicals, as set out in Annex 8 of the Decree. The Committee notes the Government’s statement in its report that, in line with article 2 of Directive 92/85/EEC, a worker who informs her employer of her pregnancy is considered a pregnant worker; she will therefore be deemed unfit to perform the tasks set out in Annex 8 of Decree No. 33/1998 only if she has informed her employer of her condition. On the other hand, the Government’s report also indicates that the employer is to determine the jobs in which, due to the exposures as per Annex 8 of Decree No. 33/1998, no minors, women or ageing workers can be employed. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking into account gender differences with regard to specific risks to their health. Therefore, excluding all women from performing tasks set out in Annex 8 of Decree No. 33/1998 would constitute discrimination on the basis of sex. The Committee asks the Government to clarify whether Decree No. 33/1998 contains a general prohibition against employing women to perform the tasks set out in Annex 8, or whether this restriction applies only to pregnant women who have voluntarily disclosed their pregnancy to their employer and women of fertile age. The Committee also asks the Government to provide information on any judicial decisions or cases examined by the Equal Treatment Authority (ETA) on the application of the Decree.

Sexual harassment. With reference to its previous comment, the Committee takes note of the ETA’s 2017 booklet “on Preventing Workplace Harassment and on the Forms of Rights Enforcement”. It also notes the Government’s statement that the labour inspectorate only examines the conditions of employment in terms of labour law and not the internal relationships between the employer and employees or, as the case may be, between the respective employees. The Government also states that, between June 2016 and May 2019, the ETA found employers guilty of harassment in only two instances but did not indicate the number of complaints brought forward to the ETA and how many of those related to sexual harassment. The Committee recalls in this regard that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination 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 (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee asks once again the Government to undertake an assessment of the effectiveness of the complaints procedures currently available, particularly in light of the very limited number of infringements identified by the ETA. The Committee also asks the Government to introduce in the Labour Code provisions defining and prohibiting sexual harassment, laying down sanctions and remedies, and determining a specific role for labour inspectors, and to provide information on any steps taken in this respect.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the reasons for the discontinuation of action plans under the National Strategy for the Promotion of Gender Equality; (2) the impact of revised section 65(6) of the Labour Code and Government Regulation No. 351/2014 on the equal sharing of family responsibilities between men and women and the reconciliation of work and family obligations; (3) any measures taken to overcome gender stereotypes; and (4) any specific steps taken to address occupational gender segregation. The Committee notes the Government’s indication that, between July 2018 and June 2019, the Ministry of Human Capacities announced a competition called “Be a STEM star!” (“STEM” standing for science, technology, engineering, and mathematics) to encourage the participation of girls in areas where women are generally under-represented. It also notes the “TechGirls2018” event series, organized in 2018 for the second time by the German-Hungarian Chamber of Industry and Commerce, which has the objective of making studies and jobs in technology, science and information technologies (IT) more popular among girls. The Committee also takes note of the various measures taken under the “Women in the Family and Workplace” project, launched in 2016, to improve the labour market situation of women and ensure a better compatibility between work and family life. The Committee notes, from the Government’s supplementary information, that efforts were made to increase the number of nurseries in the country, even in municipalities with less than 5,000 inhabitants. As a result, the number of 4-year-old children attending nursery went from 93 per cent in 2010 to 97.7 per cent in 2019, while 99.7 per cent of 5-year-old children attended nursery. However, the Committee notes, from the 2018 concluding observations of the United Nations Human Rights Committee, that women remain under-represented in decision-making positions in the public sector, particularly in government ministries and the Parliament, and that stereotyped patriarchal attitudes still prevail with respect to the position of women in society (CCPR/C/HUN/CO/6, paragraph 23). The Committee asks the Government to continue to take specific measures aimed at overcoming gender stereotypes and to provide information on: (i) the results achieved through the “Be a STEM star!” and “TechGirls2018” projects in terms of the number of girls enrolling in STEM studies, and (ii) any other steps taken to address occupational gender segregation, including steps aimed at promoting women’s access to a wider range of jobs, and providing them with a wider choice of educational and vocational opportunities. Noting the Government does not respond in this regard, the Committee, once again, asks the Government to provide information on the application in practice of revised section 65(6) of the Labour Code and Government Regulation No. 351/2014, particularly regarding their impact on the equal sharing of family responsibilities between men and women and the reconciliation of work and family obligations, as well as to supply a copy of the new texts. Recalling the discontinuation of action plans under the National Strategy for the Promotion of Gender Equality, the Committee asks the Government to indicate the reasons for this, and to supply information on any assessment undertaken after the last action plan and any lessons learned.

Equality of opportunity and treatment irrespective of race, color and national extraction. Roma. With reference to its previous comments regarding measures to address the segregation of Roma children, the Committee notes with interest that, according to the Government’s fifth report submitted to the Advisory Committee of the Framework Convention on the Protection of National Minorities (ACFC) of the Council of Europe: (1) the amendment of the Public Education Act of 2011 repealed the provision that exempted faith-based schools from the requirements of the Equal Treatment Act; (2) the “Road Map” action plan was established, which aims at the success of disadvantaged students, including Roma children, and the desegregation in education; and (3) specific education programmes targeting all age groups, from kindergarten to higher education, were adopted (ACFC/SR/V(2019)005, pages 36 and 37). In its supplementary information, the Government indicates that, as from January 2019, and in order to mitigate and prevent segregation in schools, the Educational Authority initiated a series of supportive workshops within the framework of the Human Resources Development Operational Programme aimed at promoting the implementation of inclusive educational organization. The Government adds that in the 2018/2019 academic year, 36 school district centres amended district boundaries to mitigate the risk of segregation. However, the Committee takes note from the 2020 concluding observations of the UN Committee on the Rights of the Child, of the continuing segregation of Roma children in special education, the increased gap in attainment between Roma and non-Roma children at different levels of education, and the lack of official data on Roma children in education (CRC/C/HUN/CO/6, paragraph 35). With regard to access to employment, the Committee notes the Government’s indication that in 2017, only 54.6 per cent of Roma men and 35.9 per cent of Roma women in the 15–64 age group were employed (an increase of about 10 percentage points for the latter compared to 2014). Among those employed, the proportion of public workers is particularly high among Roma: in 2017 it was 36.6 per cent (which was 41.7 per cent in 2015), in contrast with the 3.7 per cent ratio of non-Roma (which was 4.2 per cent in 2015). The Government further indicates that the average monthly number of those participating in public employment programmes was 223,469 in 2016, which decreased to 179,492 in 2017 and 135,620 in 2018. The Committee notes the “Training of Low Skilled and of Public Workers” project (GINOP/EDIOP-6.1.1), under which 86,738 people, including 29,240 Roma people, received vocational training. Finally, the Committee notes that between 2015 and early 2018, the ETA took 80 decisions regarding complaints of discrimination on the grounds of Roma origin; among those, discrimination was established in 20 cases and another 14 cases were settled (ACFC/SR/V(2019)005, page 44). The Committee asks the Government to provide information on the specific measures taken under the “Road Map” action plan and the results achieved with respect to addressing school segregation of Roma pupils and improving their equal access to education, and to identify any other specific measures adopted to this end and their impact. The Committee reiterates its request to the Government to provide information on the practical application of the measures taken under the revised National Strategy for Social Convergence with respect to access to education, employment and occupation of the Roma, and on their impact on promoting equality of opportunity and treatment for Roma people, including information on any measures aimed at combating negative stereotypes and prejudice against them. Noting the low number of convictions handed down by the ETA, the Committee once again asks the Government to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are prevented and addressed, including by reviewing the accessibility and effectiveness of the complaint mechanisms before the ETA, and to continue to provide information on any cases dealt with by the ETA and the courts, and their outcomes.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. Equal opportunity plans. The Committee notes that the Government’s report does not contain any information on the compliance by the private sector of the requirement to adopt equal opportunity plans, and therefore reiterates its request that the Government takes proactive steps to improve the levels of compliance and to provide information on the steps taken to this end. It also once again asks the Government to take steps to raise awareness among employers and workers of the need for, and benefits of, implementing equal opportunity plans and to provide information in this regard.

Article 3(a). Cooperation with the social partners. The Committee notes with regret that the Government has not replied to its previous comments. The Committee once again asks the Government to provide information on any measures adopted to promote cooperation with employers’ and workers’ organizations with a view to fostering the application of the principles of the Convention, including information on their involvement in the activities of the ETA.

Article 5. Special measures. Working time for pregnant women or women with young children. In its previous comments, the Committee, noting that section 113(2) of the Labour Code provides for limitations regarding the working time of an employee from the time “her pregnancy is diagnosed until her child reaches three years of age”, asked the Government to ensure that such protective measures applicable to women are limited to maternity protection in the strict sense. The Committee notes that the Government reiterates its intention to consider reviewing section 113(2) of the Labour Code. The Committee asks the Government to ensure that, in reviewing section 113(2) of the Labour Code, protective measures are limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities, and do not reinforce gender stereotypes.

Persons with disabilities. The Committee previously noted that many employers opted to pay rehabilitation contributions instead of fulfilling the 5 per cent target for the employment of persons with disabilities, pursuant to the Reduced Ability Act of 2011. It asked the Government to: (1) take steps to strengthen enforcement of this target, including by considering an increase in the sanctions imposed in cases of non-compliance; and (2) provide information on any specific measures aimed at promoting equality of opportunity and treatment in employment and occupation for persons with disabilities adopted under the National Strategy for Social Convergence and their impact. The Committee welcomes the Government’s indication that it increased the contribution for lack of compliance to nine times the mandatory minimum basic salary set for a full-time employee, that is, 1,341,000 Hungarian forint per person per year (approximately US$4,460), in comparison to 964,500 forint per person per year in 2017. The Government indicates that, although it does not have accurate information on the impact of this increase, employers’ demand for persons with disabilities and persons with reduced capacity to work has generally been growing. The Committee notes the establishment, in 2016, of the KILATO Centre, a multifunctional career orientation institution whose main objective is to support equal opportunity access to career guidance, further training and labour market services, in particular among young people with disabilities or with special educational needs. In its supplementary information, the Government refers to the adoption of the Training Act of 2019 in which the first vocational qualification is provided free of charge by the state for every Hungarian citizen. The Government indicates that the Act provides for students with special education needs to benefit from vocational training which is adapted to their special educational needs and individual skills. The Committee asks the Government to provide information on: (i) the specific actions taken by the KILATO Centre to assist young people with disabilities in their training and their equal access to employment and occupation, and (ii) on the application in practice of the Training Act of 2019 with regard to facilitating access to vocational training of people with disabilities. It also asks the Government to continue to provide information on the specific measures it is taking to promote equality of opportunity and treatment in employment and occupation for persons with disabilities, and their impact, including information on the participation of persons with disabilities in the public sector in training programmes and the number of participants who have subsequently accessed employment.

Enforcement. The Committee takes note of the information provided by the Government on the ETA’s various publications, including “Legal Awareness of the Right to Equal Treatment”, and other measures taken to raise public-awareness about the ETA, such as advertisement videos and informational presentations at summer events. The Committee also notes the number of decisions handed down by the ETA regarding discrimination, including on the grounds of Roma origin. It also notes that the Government provides more information on court decisions in its supplementary information. The Committee asks the Government to provide information on the preventive and enforcement activities of the ETA. It also asks the Government to continue to provide information on the number and nature of cases dealt with by the judicial courts or the ETA, with regards to discrimination in employment and occupation, including the sanctions imposed and remedies provided.

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

Article 1 of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments on the Labour Code 2012, in which it noted that the Labour Code, although providing for the principle of equal treatment (section 12), does not explicitly prohibit discrimination nor does it enumerate any prohibited grounds of discrimination or refer to the prohibited grounds enumerated in the Equal Treatment Act 2003. The Committee notes with regret the Government’s indication that there have been no legislative amendments made in this regard as it considers that the current laws provide sufficient guarantees against discrimination for all employees. Recalling that the implementation of the Convention presupposes a clear and comprehensive legislative framework, as well as measures to ensure that the right to equality and non-discrimination is effective in practice, the Committee asks the Government to take measures, in collaboration with workers’ and employers’ organizations, to amend the Labour Code to include provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, on at least all the grounds listed in Article 1(1)(a) of the Convention.

Enforcement. Labour inspection. The Committee recalls that, following a 2012 amendment to the Labour Inspection Act of 1996, the competence of the labour inspectorate no longer covers compliance with equal treatment provisions, which is now entirely a matter for the Equal Treatment Authority (ETA). The Committee notes the Government’s indication that the amendment was made because labour inspectors did not have a sufficient level of expertise to address cases of discrimination, but that they remain able to detect such cases and refer them to the competent authority. In this regard, the Committee recalls the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances. It also recalls that labour inspectors, who have regular access to workplaces and to workers and employers, have a crucial role to play in preventing, detecting and addressing discrimination and promoting equality in employment and occupation. The Committee observes that this role is different from, but complementary to the role played by the ETA. The Committee therefore requests the Government to implement adequate training programmes to allow labour inspectors to effectively prevent, detect and remedy cases of discrimination in employment and occupation. It further requests the Government to consider reviewing the labour inspectorate’s competences with a view to extending them to cover the legislation addressing equal treatment, and to provide information in this respect. It also requests the Government to provide information on: (i) the manner in which the labour inspectorate and the Equal Treatment Authority cooperate; and (ii) the number and nature of cases of discrimination in employment and occupation referred to the ETA by the labour inspectorate, as well as the grounds of discrimination invoked, and their outcome.

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

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee refers to its previous comments on the mandatory pregnancy testing prescribed under Decree No. 33/1988 where work is to be performed in conditions set out in Annex 8 of the Decree. The Committee notes the Government’s indication that Annex 8 refers to jobs involving exposure to chemicals that are deemed to present particular risks to women of fertile age. The Government specifies that the overall objective of the provision is to protect women against the risks associated with the matters set out in Annex 8 in the event of pregnancy, with a view to protecting the early stages of gestation and protecting the foetus. The Government further indicates that, under the Labour Code and the Equal Treatment Act, employers are prohibited from asking potential employees for any information unrelated to “essential working conditions” and falling within the “personal sphere” of the individual, which includes pregnancy and any intention to become pregnant, as was recently reaffirmed by the Constitutional Court in Decision No. 17/2014. Recalling that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking into account gender differences with regard to specific risks to their health, the Committee asks the Government to provide information on the practical application of Decree No. 33 of 1988, Annex 8, including any judicial decisions or cases examined by the Equal Treatment Authority relating to equality and non-discrimination between men and women in employment and occupation, and their outcomes.

Sexual harassment. The Committee notes the Government’s indication that only a limited number of complaints concerning sexual harassment at work have been brought before the Equal Treatment Authority (ETA) since its establishment in 2004. It also notes from the Government’s report that, in the event of a complaint relating to sexual harassment being filed with the ETA, the Authority does not proceed against the person directly responsible for the alleged act, but rather against their organization or company for having failed to ensure proper protection and assistance to address the case. Noting that in 2015 the ETA undertook a study on “preventing sexual harassment at the workplace and the ways of asserting rights”, the Committee asks the Government to provide the findings of this study and identify any follow-up action taken or envisaged to prevent and address harassment in the workplace, including with regard to the “ways of asserting rights”. In this respect, the Committee also asks the Government to consider undertaking an assessment of the effectiveness of the complaint procedures currently available, particularly in the light of the very limited number of complaints filed to date with the ETA. The Committee also once again asks the Government to consider introducing in the Labour Code provisions defining and prohibiting sexual harassment, laying down sanctions and remedies, and determining a specific role for labour inspectors, and to provide information on any steps taken in this respect.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government on the amendments to the Labour Code made in 2014, 2015 and 2017. The Committee also notes that section 65(6) of the Labour Code, which prohibits termination during a leave of absence taken without pay to care for a child, has been repealed and replaced by a new provision aimed at ensuring equal treatment between men and women regarding termination of employment. It further notes the adoption of Government Regulation No. 351/2014 (XII.29) on additional time off for fathers in the public sector due to the birth of a child. The Committee also notes the amendments made in 2016 to the provision of the Labour Code on unlawful termination during an employee’s pregnancy, which now also applies in the event that the employee informs the employer of her pregnancy after receiving notice of termination. With regard to measures aimed at promoting equality of opportunity and treatment between men and women in practice, the Government indicates that no further action plan has been adopted under the National Strategy for the Promotion of Gender Equality since 2011. The Committee notes from the report of the mission to Hungary of the United Nations Working Group on the Issue of Discrimination against Women in Law and in Practice, that women display lower rates of participation in the labour force than men due to, among others, the disproportionate allocation of unpaid caring responsibilities to women; insufficient childcare facilities; difficulties encountered in finding part-time or flexible work; difficulties involved in returning to the labour market after extended leave; and the early exit of older women from the labour market. (A/HRC/35/29/Add.1, 2017, 21 April 2017, paragraph 36). The same report also emphasises that the employment rate of women with children below the age of 12 years is more than 27.4 percentage points lower than for women without children, and that the participation gap in the labour market between mothers and women without children is the second largest in the European Union (paragraph 57). Noting the discontinuation of action plans under the National Strategy for the Promotion of Gender Equality, the Committee asks the Government to indicate the reasons for this, and to supply information on any assessment undertaken after the last action plan and any lessons learnt. The Committee also asks the Government to provide information on the application in practice of revised section 65(6) of the Labour Code and Government Regulation No. 351/2014, particularly regarding their impact on the equal sharing of family responsibilities between men and women and the reconciliation of work and family obligations, and to supply a copy of the new texts. The Committee reiterates its request for the Government to provide specific information on: (i) any measures taken to overcome gender stereotypes relating to the aspirations, preferences and capacities of women and the roles and responsibilities of men and women in family and society; and (ii) any specific steps taken to address occupational gender segregation, including steps aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

Equality of opportunity and treatment of the Roma. With reference to its previous comments regarding measures to address the segregation of Roma children and their placement in “special schools”, the Committee notes from the fourth opinion on Hungary of the Advisory Committee of the Framework Convention on the Protection of National Minorities (ACFC) that the proportion of Roma children attending segregated schools has risen in recent years (ACFC/OP/IV(2016)003, paragraph 55). The Committee notes from the report of the European Commission Against Racism and Intolerance that, according to certain estimates, up to 90 per cent of children in “special schools” are Roma children (CRI(2015)19, paragraph 110). The ACFC also noted that, following an amendment introduced by the Minister for Human Resources to the Public Education Act of 2011, faith-based schools are now exempt from the requirements of the Equal Treatment Act, with the result that “benevolent segregation” has de facto been reintroduced into the education system (ACFC/OP/IV(2016)003, paragraphs 39–40). The Committee notes the Government’s indication that the testing system used to evaluate children’s learning abilities and their placement in “special schools” (WISC-IV) is being revised with a view to addressing the problem of unjustified placements. The Committee further notes that a new National Basic Curriculum has been developed, the implementation of which commenced in 2013, with the ultimate objective of strengthening the quality of the system of public education for all. The Government also indicates that an early warning and pedagogical support system will be introduced to prevent school drop-outs, including special measures targeting Roma girls. Regarding access to vocational training and employment, the Committee notes from the Government’s report that the Action Plan 2015–17 under the revised National Strategy for Social Convergence, which was adopted by Government Decision No. 1672/2015 (IX.22), includes a set of actions in the areas of education, training and employment, with special focus on vulnerable groups, including the Roma. The Committee notes that, in this respect, the Government refers to training and support services to improve the labour market opportunities of highly disadvantaged groups, incentives to companies to recruit and provide training for low-skilled workers under the Employment Protection Action Plan, targeting people between 25 and 55 years of age, and opportunities for employment in the public sector accompanied by training. The Committee notes that participation in the public works programme does not affect eligibility for social benefits, the payment of which is suspended during the period of the programme. The Committee further notes that the number of complaints received by the ETA from Roma people alleging discrimination on the grounds of ethnic origin or race has decreased over the last five years. In the ACFC’s view, this is possibly due to the lack of trust in the system, since violations are established by the ETA in fewer than 10 per cent of cases (ACFC/OP/IV(2016)003, paragraph 32). Recalling that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market, the Committee asks the Government to provide information on the impact of the revised testing system WISC-IV in addressing the school segregation of Roma pupils and to identify any other specific measures adopted to this end and their impact. In this connection, the Committee also asks the Government to assess whether the amendment introduced by the Minister for Human Resources to the Public Education Act of 2011 may threaten progress in this area and to provide information in this respect. The Committee further asks the Government to provide information on the practical application of the measures and programmes envisaged under the revised National Strategy for Social Convergence with respect to access to education, employment and occupation of the Roma, and on their impact on promoting equality of opportunity and treatment for Roma people, including information on any measures aimed at combating negative stereotypes and prejudice against them. Please provide information on the jobs and training offered under the public works programme and the number of Roma men and women participants. The Committee further asks the Government to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are prevented and addressed, including by reviewing the accessibility and effectiveness of the complaint mechanisms before the ETA, and to provide information on any cases dealt with by the ETA and the courts, and their outcomes.

Article 2. Equal opportunity plans. The Committee refers to its previous comments on compliance by the private sector with the legal obligation to adopt equal opportunity plans. It notes the Government’s indication that the ETA reviews compliance with this obligation only upon request and it keeps no records of completed equal opportunity plans, nor does it have information on their contents or number. The Committee asks the Government to take proactive steps to improve the levels of compliance with the obligation to develop equal opportunity plans in the private sector, and to provide information on the steps taken to this end. It also once again asks the Government to take steps to raise awareness among employers and workers of the need for, and benefits of, implementing equal opportunity plans.

Article 3(a). Cooperation with the social partners. The Committee asks the Government to provide information on any measures adopted to promote cooperation with employers’ and workers’ organizations with a view to fostering the application of the principles of the Convention, including information on their involvement in the activities of the ETA.

Article 5. Special measures. The Committee refers to its previous comments on section 113(2) of the Labour Code providing for limitations regarding the working time of an employee, from the time her “pregnancy is diagnosed until her child reaches three years of age”, while prohibiting overtime and night shifts. It notes the Government’s indication that it will bring the matters raised by the Committee to the attention of the Permanent Consultation Forum (PCF), a tripartite consultative review and proposal-making forum on economic and labour issues. The Committee understands that a revision of the Labour Code is ongoing which would maintain such restrictions from the commencement of pregnancy up to the child’s birth, with the exception of the case of employees who are single parents, to whom such provisions would apply until the child reaches three years of age. The Committee asks the Government to provide information on any progress made in reviewing section 113(2) of the Labour Code with a view to limiting the prohibitions to those necessary to protect maternity, so as not to establish obstacles to the recruitment and employment of women, and allowing both men and women with children under the age of three to carry out such work on an equal footing.

Concerning special measures for the employment of persons with disabilities, the Committee notes from the Government’s report that many employers opt to pay rehabilitation contributions instead of fulfilling the “5 per cent target” for the employment of persons with disabilities, pursuant to the Reduced Ability Act of 2011. Based on the amount of the sanctions paid, the Government estimates that there are approximately 68,000 positions that should have been filled by persons with disabilities. The Committee asks the Government to take steps to strengthen enforcement of the “5 per cent target”, including by considering an increase in the sanctions imposed in cases of non-compliance, and to provide information in this respect. The Committee also asks the Government to provide information on any specific measures aimed at promoting equality of opportunity and treatment in employment and occupation for persons with disabilities adopted under the National Strategy for Social Convergence and their impact, including information on the participation of persons with disabilities in the public sector in training programmes and the number of participants who have subsequently accessed employment.

Enforcement. The Committee notes the information provided by the Government on judicial decisions relating to the application of the principles of the Convention, including Decision No. 17/2014 of the Constitutional Court, referred to above. The Committee also notes that 24 cases of alleged discrimination based on gender were lodged with the ETA, of which 16 were rejected. The Committee asks the Government to continue providing information on the preventive and enforcement activities of the ETA, including the outcome of the cases of discrimination in employment and occupation dealt with, and on any relevant cases examined by the courts, including the sanctions imposed and remedies provided. It also requests the Government to identify the steps taken to improve access to complaints mechanisms and to provide assistance and protection for workers who are victims of discrimination.

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

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

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

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

Article 1(1)(a) of the Convention. Sex discrimination. The Committee notes the Government’s indication that mandatory pregnancy testing is required under Decree No. 33 of 1998 if work is performed under the conditions listed in Annex 8 of the Decree which present a risk for health or require the manipulation of heavy workloads. Recalling that requiring pregnancy testing as a condition of employment results in discrimination based on sex, the Committee asks the Government to specify the conditions listed in Annex 8 of Decree No. 33 of 1998 and indicate the occupations concerned.

Sexual harassment. The Committee notes the information provided by the Government regarding the possibility to reach a settlement in sexual harassment cases through the intervention of the equal treatment authority (EBH). The Committee also refers to its previous comments regarding the low number of sexual harassment cases submitted to the EBH and recalls that it may be due to difficulties encountered in practice by women in accessing the remedies provided by the EBH and to the difficulties faced by the authority in investigating the complaints. The Committee also recalls that the Equal Treatment Act is the only act dealing with sexual harassment and that the Labour Code does not address this discriminatory practice. In order to address effectively sexual harassment in employment and occupation, the Committee asks the Government to examine the possibility of introducing in the Labour Code provisions defining and prohibiting sexual harassment, and provisions providing for sanctions and remedies and protecting against victimization, and to provide information on any measures taken in this respect. Moreover, the Committee asks the Government to take measures to prevent sexual harassment in the workplace, including measures to raise awareness of workers, employers and their organizations of their rights and the EBH’s role with respect to addressing sexual harassment. Please also provide information on the number of cases of sexual harassment dealt with by the Authority and the courts.

Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government regarding the implementation of the Action Plan of the National Strategy for the Promotion of Gender Equality. According to the report, measures taken so far mainly aim at reconciling work and family responsibilities and relate to family policy (including childcare allowances and family benefits), the development of family friendly workplaces by granting support to enterprises, and exemptions from social contributions for hiring women with small children in part-time jobs. The Government also indicates that childcare services are being modernized and their capacity increased. The Committee however notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the low participation of women in the labour market and the persistence of stereotyped division of gender roles in family and society as well as the support of such roles throughout the state party’s policies and priorities, including due to the focus on population growth (CEDAW/C/HUN/CO/7-8, 1 March 2013, paragraphs 18 and 28). While noting the measures taken to promote reconciliation between work and family responsibilities, the Committee asks the Government to provide information on any other measures taken to promote equal opportunity and treatment of men and women, such as measures to overcome gender stereotypes on the aspirations, preferences and capacities of women and the roles and responsibilities of men and women in the family and society. The Committee also asks the Government to provide specific information on any measures taken to address occupational gender segregation, including measures aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. In this respect, the Government is asked to continue to provide information on the implementation of the National Strategy for the Promotion of Gender Equality, the difficulties encountered, if any, and the results achieved.

Equality of opportunity and treatment of the Roma. The Committee recalls that, with respect to access to quality education, it underlined in its previous comments the segregation of Roma pupils at school and their over-representation in special schools and that the situation of the Roma has worsened in recent years, and that deeply rooted negative viewpoints and stereotypes continue to hinder access of the Roma to employment. The Committee notes the detailed information concerning the programmes under the Framework Agreement between the Government and the national Roma self-government (ORÖ) aimed at integrating 100,000 unemployed Roma into employment and providing vocational and adult training to 50,000 Roma holders of vocational training school or lower certificates, as well as information on training programmes provided to people with a low level of education or outdated skills, in particular the Roma, and the employment policy measures that benefited the Roma. The Committee asks the Government to take tangible measures specifically designed to address the segregation of Roma children into special schools, and to combat prejudices and stereotypes against the Roma and to promote tolerance, and to provide information on the measures taken in this respect. The Committee asks the Government to continue to take measures to address unemployment and the low level of qualifications of the Roma, and to provide information on the results achieved in realizing the objectives of the Framework Agreement in cooperation with the ORÖ and other employment and training programmes. Please also provide information on the role and activities of the EBH and the Commissioner of Fundamental Rights who is responsible for minority rights with respect to Roma inclusion.

With respect to public work, the Committee notes that the ORÖ launched a nationwide public work programme designed to develop a support network to promote the involvement of as many Roma citizens as possible. According to the report, the Roma coordination and job centre estimates show that the number of Roma actively involved in public work reached 54,769 individuals in 2012. Noting this information and referring to its previous comments, the Committee requests the Government to clarify whether the employment of the Roma in public work is linked to the maintenance of their social benefits, and to provide information on the kind of jobs and working conditions in such programmes, including the level of remuneration. Please continue to provide information on the number of Roma involved in such public work programmes.

Article 2. Equal opportunity plans. In its previous comments, the Committee noted that only 31 per cent of businesses in the private sector had complied with their legal obligation to adopt an equal opportunity plan and that workers’ awareness with respect to such plans in their workplace is limited. The Committee notes the Government’s indication that a new study on the “impact analysis of the equal opportunity plan” was completed in 2013 by the EBH. The Committee understands from the findings of the study reported by the Government that the existence of an equal opportunity plan may help finding a solution to actual discrimination issues with the employer but does not prevent discriminatory practices from occurring at the workplace. The Committee reiterates its request for information on the steps taken so as to improve compliance with the legal obligation to develop equal opportunity plans in the private sector, including any sanctions imposed by the EBH pursuant to section 16(5) of the Equal Treatment Act. The Committee encourages the Government to take measures to sensitize employers and workers to the need for and benefits of implementing equal opportunity plans and to encourage their participation in creating a gender-sensitive workplace. Please provide information on the content and number of equal opportunity plans both in the private and the public sectors.

Article 3(a). Cooperation with the social partners. The Committee once again asks the Government to provide information on any measures taken to further develop and strengthen the involvement of workers’ and employers’ organizations in the activities of the EBH. Please also provide information on the implementation of the “Road to work” programme and the public works plan elaborated, as well as on the impact on the employment of workers with altered working abilities.

Article 5. Special measures. The Committee recalls that section 113(2) of the Labour Code provides for limitations regarding the working time of an employee, from the time her “pregnancy is diagnosed until her child reaches three years of age”, such as the prohibition to be affected to an irregular working schedule, and to perform overtime, stand-by duties or night work. While the Committee understands that the main motivation behind such limitations appears to be the protection of health and safety of women as well as the reconciliation of work and family responsibilities of women, it considers that measures that aim at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, such as gender based working time limitations, are contrary to the Convention and constitute obstacles to the recruitment and the employment of women. The Committee asks the Government to take the necessary steps to review the provisions of section 113(2) in the light of the principle of equal treatment between men and women with a view to restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women, and to provide information on any measures taken in this respect. The Committee also asks the Government to consider revising section 113(2) to allow both men and women with children under the age of 3 on an equal footing to perform such work only with their express consent. With respect to the special measures for the employment of persons with disabilities, the Committee once again requests the Government to provide information on the implementation and enforcement of the “5 per cent target” obligation under section 23 of the Reduced Ability Act of 2011, including sanctions applied in case of non-compliance.

Enforcement. The Committee welcomes the information on the implementation of the research programme and the training and sensitization activities carried out by the EBH under the TÀMOP 5.5.5 project entitled “Combating discrimination, shaping societal attitudes and strengthening the work of the Authority”, and the launching of a large scale campaign in February 2013 to promote equal treatment. It also welcomes the opening of 20 county level client service offices as part of a priority project conducted by the ETA. The Committee recalls that for a number of years it has drawn the Government’s attention on the limited competencies of the labour inspectorate which could only act upon the lodging of a complaint and was not competent to address violations of the equal treatment legislation on a routine basis. 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 EBH. The Committee however considers that labour inspectors, who have regular access to workplaces and to workers and employers, have a crucial role to play in preventing, detecting and addressing discrimination and promoting equal treatment in employment and occupation 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 discrimination in the field of employment and occupation, and to provide adequate access to the complaints mechanism, assistance and protection of workers who are victims of discrimination. The Government is requested to continue to provide information on the preventive and enforcement activities of the EBH with respect to discrimination in employment and occupation, including the number of cases dealt with and their outcome. Please also continue to provide information on any cases of discrimination in employment and occupation dealt with by the courts, including sanctions imposed and remedies provided.

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

Article 1 of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls that the Labour Code, 2012 provides for the principle of equal treatment. However it does not explicitly prohibit discrimination nor does it enumerate any prohibited grounds of discrimination or refer to the numerous prohibited grounds enumerated in the Equal Treatment Act, 2003. The Committee asks the Government to envisage taking steps to include in the Labour Code provisions defining and prohibiting direct and indirect discrimination on at least all the grounds enumerated under Article 1(1)(a) of the Convention (race, colour, sex, political opinion, religion, national extraction and social origin) and in all aspects of employment and occupation, and provide information on the steps taken in this respect. In this context, the Committee also asks the Government to ensure that any permissible exceptions are limited to inherent requirements of the particular job as strictly defined pursuant to Article 1(2) of the Convention and special measures of protection or assistance as set out in Article 5.

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

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

Legislative developments. The Committee notes that the new Fundamental Law of Hungary, adopted on 25 April 2011, entered into force on 1 January 2012. Article XV of the Law provides for equality before the law, guarantees fundamental rights to every person without any discrimination on the grounds of race, colour, sex, disability, language, religion, political or other views, national or social origin, financial, birth or other circumstances whatsoever, and provides for the adoption of special measures to promote the implementation of legal equality. Section 30 establishes the Commissioner for Fundamental Rights. The Committee also notes the adoption of the new Labour Code which came into force on 1 January 2012 (Act I of 2012). Section 12 provides that “in connection with employment relationships, such as the remuneration of work, the principle of equal treatment must be strictly observed”. However it appears that parties can derogate from the principle of equal treatment, given that there is no prohibition to derogate (unlike that set out in sections 35 and 50) and section 9 allows for the waiver of the personal rights of workers (but not in advance). The Committee considers that sections 8 (protection of legitimate economic interests of the employer) and 10 (disclosure of personal information) could also impact negatively on the right to non-discrimination. The Committee also notes that the Labour Code does not enumerate prohibited grounds of discrimination nor does it refer in that sense to the Equal Treatment Act (notably section 8). The Committee asks the Government to indicate the manner in which the protection of workers is ensured, in law and in practice, against discrimination on at least all the grounds enumerated under Article 1(1)(a) of the Convention and in all aspects of employment and occupation. The Committee also asks the Government to provide information on the application of sections 8, 9 and 10 of the Labour Code and on any impact of these provisions on the right to non-discrimination. Please also provide information on any special measures adopted with a view to promoting legal equality, in accordance with article XV of the Fundamental Law of Hungary.

Sex discrimination. The Committee notes that under section 294 of the new Labour Code, “the mandatory medical examination” is defined to mean a medical examination that the worker is required to undergo according to employment regulations and includes the examination prescribed for pregnant women. The Committee asks the Government to clarify whether the examinations prescribed for pregnant women under section 294 would permit pregnancy testing.

Sexual harassment. In its previous comment, the Committee noted that the low number of sexual harassment cases submitted to the Equal Treatment Authority may suggest that women encounter difficulties in practice in having access to the remedies provided by the Authority. Further, noting the difficulties faced by the Authority in investigating complaints related to harassment, the Committee asked the Government to provide information on any measures taken to address such issues. The Committee notes from the Government’s report that to ease the evidential burden, the Equal Treatment Authority accepts audio recordings provided by the complainant as evidence, even without the knowledge or consent of the other party (EBH2000.296). The Government also indicates that pursuant to section 39/A of Act CXL of 2004 on the General Rules of Administrative Proceedings and Services, the Authority ensures the anonymity of witnesses in proceedings so as to prevent any reprisals by the employer. The Committee asks the Government to continue to provide information on any measures taken or envisaged with a view to protecting victims of and witnesses to sexual harassment and to facilitating access to the remedies provided by the Equal Treatment Authority. Please also provide information on any measures taken or envisaged to raise awareness of workers, employers and their organizations of the Authority’s role with respect to addressing sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes that under the National Strategy for the Promotion of Gender Equality, a biennial action plan for 2010–11 was adopted by the Government. The stated objectives of such plan include stimulating the participation of disadvantaged women in the labour market, analysing the implementation and impact of the legal obligation of part-time employment in the public sector, assessing the situation of single mothers in the labour market and further implementing the Family Friendly Workplace programme. The Government indicates that no data on the impact of such plan is available but that a national consultation was held in 2011 with governmental support to present an overview of the measures implemented and of further action to be taken in the following areas: advantages and disadvantages of part-time work; proposals to address obstacles to the employment of working lone parents; inclusion and training in elderly care of inactive workers; impact assessment of the childcare support system and health insurance provisions relating to childcare. Furthermore, the Committee notes that as part of the EQUAL Community Initiative Programme, five projects, developed as part of the programme “Gender gap in the labour market and reduction of employment segregation – H”, are being implemented. The Committee asks the Government to continue to provide information on the implementation of the National Strategy for the Promotion of Gender Equality and of the biennial action plan, as well as on the impact on the promotion of equal opportunities for men and women in employment and occupation. Please also provide information on any measures taken or envisaged to address occupational segregation and on any progress made in establishing an institutional system for coordinating, implementing, monitoring and evaluating the National Strategy for the Promotion of Gender Equality.

Equality of opportunity and treatment of the Roma. In its previous comment, the Committee noted the implementation of the Decade of Roma Inclusion Programme (2005–15) through a Strategic Plan which set overall objectives in education, employment, housing and health care with a view to promoting the social integration of the Roma. The Committee notes from the Government’s report that as part of the two-level monitoring system, the Government presented its first biennial report to the Parliament in 2010 and that independent research on the impact of the measures was planned to be conducted in 2011 and 2015. The Committee also notes the report of the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the comments made by the State on this report (A/HRC/20/33/Add.1 and A/HRC/20/33/Add.3). It notes that under the EU Framework for national Roma integration strategies, the Government rolled out the “National social inclusion strategy – Extreme poverty, child poverty, the Roma – (2011–20)” which sets out priority action and quantified targets, notably in the fields of employment and education (A/HRC/20/33/Add.1, paragraphs 30 and 32). Such objectives, which are also laid down under the Framework Agreement between the Government and the national Roma self-government, include the involvement of 100,000 unemployed Roma in the labour market, the promotion of the participation of 50,000 Roma adults in marketable vocational trainings, the realization of a comprehensive education reform which will result in 20,000 young Roma people learning marketable skills in one of the 50 vocational schools taking part in the inclusion programme, and support for the education of 15,000 Roma young people in high schools. The Committee also notes that a Roma Coordination Council was set up to ensure non-governmental participation in the elaboration, implementation and monitoring process of the National Strategy. It further notes that some objectives are to be achieved by 2015 and that the first monitoring report has been prepared. With regard to educational measures, the Committee notes from the Government’s report the implementation of the “Arany Jànos Programme for gifted students with disadvantages” (AJTP) and of the “Money for the Journey Scholarship Programme” which both aim to create educational opportunities for talented students facing social disadvantages, including Roma youth. The Committee also notes from the conclusions of the European Commission against Racism and Intolerance (ECRI) that local authorities and local governments are required to adopt a public education equal opportunity plan (CRI(2012)8, paragraph 2). While noting the numerous measures taken by the Government to promote equal opportunities for the Roma, the Committee notes from the report of the Special Rapporteur that the situation of the Roma has worsened in recent years and that deeply rooted negative viewpoints and stereotypes continue to hinder access of the Roma to employment (A/HRC/20/33/Add.1, paragraph 29 and Research report of the Equal Treatment Authority on recruitment in the mirror of discrimination, p. 5). The Committee also notes the Special Rapporteur indicates that the majority of the Roma continue to be largely unemployed (70 per cent) and dependent on social benefits. Public jobs available to the Roma are scarce, short-term, low-skilled and low-paid (A/HRC/20/33/Add.1, paragraph 37). With regard to access to quality education, the Committee notes from the resolution on the implementation of the Framework Convention for the Protection of National Minorities by Hungary that the Committee of Ministers of the Council of Europe expressed deep concern with regard to the segregation of Roma pupils at school and their over-representation in special schools (CM/ResCMN(2011)13). In this regard, the ECRI reported that in 2010 there were 3,000 Roma pupils in segregated classes (CRI(2012)8, paragraph 2). The Committee further notes from the report of the United Nations Special Rapporteur that national authorities acknowledged the lack of implementation of the policies developed for the Roma and admitted that pilot projects set up in this framework had not been fully implemented (A/HRC/20/33/Add.1, paragraph 31). The Committee asks the Government to continue to provide information on the concrete measures taken to improve the social inclusion of the Roma, to promote equality of opportunity and treatment of the Roma in education, employment and occupation and to combat negative stereotypes and anti-Roma sentiments, as well as on the results achieved. The Committee strongly encourages the Government to take all the necessary actions to fully implement the strategies and programmes adopted and to monitor closely the situation of the Roma. The Committee also asks the Government to provide information on the measures taken to promote and develop dialogue and cooperation with representatives of the Roma minority, including through the Roma Coordination Council. Noting the Government’s indication that an amendment to the Equal Treatment Act is currently being prepared with a view to involving relevant stakeholders in the development of equal opportunity policies for the Roma, the Committee asks the Government to provide information on any progress made in this regard.

The Committee notes the information contained in the report of the United Nations Special Rapporteur concerning a public work programme implemented in Gyöngyöspata under which “Roma have to work in inhuman circumstances under the surveillance of guards while receiving low salary for such jobs” (A/HRC/20/33/Add.1, paragraph 37). The Committee understands that 36 of the 40 people working in such programmes are Roma. It also understands that a plan approved by the Parliament in July 2011 provides for the implementation of such public work programmes throughout the country and requires anyone who receives unemployment benefits to work in community service jobs. In case of refusal, the payment of allowances will be terminated. Bearing in mind that the Roma community faces high unemployment levels and is heavily dependent on social benefits, the Committee asks the Government to provide information on the implementation of such public work programmes and the impact on the Roma.

Article 1(1)(b) of the Convention. Workers with disabilities. The Committee notes the detailed information provided by the Government with regard to the measures taken to foster the access of persons with disabilities to higher education and vocational training programmes. It also notes from the statistics compiled by the Interim Survey of the Hungarian Central Statistical Office on hiring in autumn 2008 that 22.8 per cent of persons aged 18 and 64 declared permanent health problems of which 53.4 per cent reported altered working abilities. The survey also revealed that the activity rate of persons with disabilities was 27.4 per cent while that of persons with full capacity to work reached 72.7 per cent. Similarly, the employment rate of persons with altered working abilities remained low (23 per cent) as compared to persons with full working abilities (67.3 per cent). However the Government points out that such rate increased significantly in the last decade (from 9–13 per cent in 2001). The Committee further notes from the Government’s report that the “Promotion of the rehabilitation and employment of people with reduced capacity to work” (Social Renewal Operational Program TÀMOP 1.1.1 project), which aims at enhancing the employability of such workers, benefited 14,806 persons. The Committee asks the Government to continue to provide information on the implementation of the project on the “Promotion of the rehabilitation and employment of people with reduced capacity to work” and on the results achieved. Please also provide information on the impact of decision No. 39/2011 (V.31.) of the Constitutional Court with regard to the failure of the Parliament to establish legal conditions and guarantees of employment of persons with disabilities.

Article 2. Equal opportunity plans. In reply to the Committee’s previous request for information on the content and the number of equal opportunity plans developed in accordance with section 63(4) of the Equal Treatment Act, the Government indicates that in conducting investigations pursuant to section 14(1) of the same Act, the Equal Treatment Authority verifies only that such plans have been adopted; therefore, it does not collect data on the number of employers having approved an equal opportunity plan, nor does it review the content of such plans. The Committee recalls its previous comment in which it noted that the number of proceedings launched by the Equal Treatment Authority in order to inspect budgetary authorities and legal entities subject to the obligation to draw up an equal opportunity plan remained low. The Committee further 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 tenders. Moreover, workers’ awareness with respect to the adoption and implementation of such plans in their workplace is limited. In its conclusions, the study recommends taking action to sensitize and to provide training to 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 abovementioned study so as to improve compliance with the legal obligation to develop equal opportunity plans, including any sanctions imposed by the Equal Treatment Authority pursuant to section 16(5) of the Equal Treatment Act. Please also provide information on any measures taken or envisaged to sensitize employers and workers to the need to implement equal opportunity plans and to encourage their participation in creating a gender-sensitive workplace.

Article 3(a). Cooperation with the social partners. The Committee recalls its previous comment in which it noted that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities. The Government indicates that in disseminating information on the equal treatment legislation and practice, the Equal Treatment Authority specifically targets employers’ and workers’ organizations. Under the TÀMOP 5.5.5 project, the Equal Treatment Authority has so far provided 22 training activities benefiting 55 participants from either employers’ or workers’ organizations. Sixteen information and awareness-raising presentations were given to employers and workers by equality referees. The Committee also notes that sensitization of workers to discriminatory practises in the workplace and information on the remedies provided under the Equal Treatment Act was furthered by the distribution of the “Discrimination and work” publication. Furthermore, trade union representatives participated in biennial experience exchange meetings aimed at disclosing information on the results of the TÀMOP 5.5.5 project and the achievement of short-term objectives. With regard to the “Road to work” programme which aims at improving the employability of the long-term unemployed and workers with altered working abilities and at facilitating their reintegration into the labour market, the Government indicates that a public works plan was developed in close collaboration with the social partners and local authorities. The Committee asks the Government to provide information on any measures taken to further develop and strengthen the involvement of the social partners in the activities of the Equal Treatment Authority. Please also provide information on the implementation of the “Road to work” programme and the public works plan elaborated, as well as on the impact on the employment of workers with altered working abilities.

Article 5. Special measures. The Committee understands from the Government’s explanation that the “wage support system” which allowed persons with altered working abilities to have permanent employment was initially suspended in 2009 by Government Decree 168/2009 and was then terminated in 2011 due to the impact of the economic crisis. Moreover, in its previous comments, the Committee noted that employers employing more than 20 workers are required to ensure that at least 5 per cent of their employees are workers with altered working abilities or shall pay a rehabilitation contribution. In its report, the Government indicates that it has no information on the progress made in enforcing such obligation but that in 2011 the scope of such measures was extended to temporary agencies and secondment contracts. The Committee also notes that pursuant to section 113 of the new Labour Code, overtime and standby work cannot be ordered for women, even with their consent, until their child reaches 3 years of age. The Committee asks the Government to continue to provide information on the implementation of the “5 per cent target” obligation as well as on any other measures taken or envisaged with a view to fostering the integration of workers with altered working abilities in employment and occupation. The Committee also asks the Government to consider extending the prohibition of overtime and standby work to men with children under 3 with a view to facilitating work and family responsibilities for both men and women.

Parts III and IV of the report form. Equal Treatment Authority. The Committee notes from the activity report of the Equal Treatment Authority that it received nearly 1,500 complaints in 2010 and launched proceedings in 377 cases. The Authority found discrimination in 40 cases of which 24 were employment-related. Some 244 cases were still pending in 2011. The Government indicates that the vast majority of complaints are related to access to employment, job interviews and termination of employment in the private sector. Age, gender, maternity and ethnic or social origin (Roma minority) were among the most frequently cited grounds of discrimination. The Committee further notes that under the TÀMOP 5.5.5 project entitled “Combating discrimination, shaping societal attitudes and strengthening the work of the Authority”, the Authority provides training aimed to sensitize participants to the various forms of discrimination, to the rights of victims under the Equal Treatment Act and to the remedies to enforce such rights. Seventy training sessions were to be organized between 2010 and 2013. The Committee also notes that in 2009, the Authority set up a nationwide network of equality referees. In 2010, referees provided legal advice to 1,116 persons and drafted 149 petitions. The Committee however notes from the research survey annexed to the report, entitled “The extent of gaining knowledge of one’s rights as a victim of discrimination”, that almost 75 per cent of the Roma respondents have already been victims of racial discrimination, 66 per cent have suffered disadvantages on grounds of colour and 50 per cent on grounds of their low socio-economic status. However, a vast majority of Roma respondents declare that they have never voiced their concern or reported discrimination cases, either in the family circle or to the competent public authorities due to a limited knowledge of the legislation and the limited role of the Equal Treatment Authority. The Committee strongly encourages the Government to take the necessary measures to raise awareness of the population, including the Roma community, regarding the access to and the remedies provided by the Equal Treatment Authority and to report on any progress made. Please also continue to provide information on the activities of the Equal Treatment Authority, including the implementation of the TÀMOP 5.5.5 project, and the results achieved.

Enforcement. The Committee recalls that for a number of years it has drawn the Government’s attention on the limited competencies of the Labour inspectorate which can only act upon the lodging of a complaint and is not authorized to address violations of the equal treatment legislation on a routine basis. In its previous comment, the Committee noted that the Government did not intend to review section 3(2) of Act LXXV of 1996 in order to expand the mandate of the labour inspectors. The Government indicates in its report that the labour inspectorate forwards complaints related to the Equal Treatment Act to the Equal Treatment Authority, unless the complaint is anonymous in which case the labour inspection services deal with it. However there is no exchange of information between the Equal Treatment Authority and the labour inspectorate with regard to the respective action taken in the field of equal treatment. The Committee also notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), 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. According to the Government’s report, during the reporting period, the labour inspectorate did not take any measures concerning any infringements to the equal treatment legislation. The Committee also notes the Government’s explanation concerning the role of trade unions in bringing complaints to the attention of the Equal Treatment Authority. Emphasizing once again the crucial role of the labour inspectorate in enforcing the principle of equal treatment and in combating discrimination in employment and occupation, the Committee requests the Government to take the necessary measures to sensitize workers and their organizations to the dispute resolution procedures and remedies available, including those provided by the labour inspectorate and the Equal Treatment Authority under the equal treatment legislation, to ensure access to such remedies and to ensure workers lodging complaints are effectively protected against victimization. Please also provide information on cases related to the principles of the Convention that have been dealt with by the labour inspectorate, the Equal Treatment Authority, or the courts, as well as regarding any complaints brought before the Commissioner for Fundamental Rights established under article 30 of the Fundamental Law of Hungary, and the results thereof.

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 promoting equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

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:

Article 1(1)(b) of the Convention. Legislative developments. The Committee notes the amendment of Act CII of 2007 on vocational training allowing young persons with disabilities to obtain partial qualifications in the school system, as well as exemptions from some examinations. It also notes the amendment of Decree 30/2000 expanding the mentor service, provided by the Labour Centre, to persons receiving rehabilitation benefits; and the “road to work” programme introduced by the amendment of the Act CVII of 2008 on certain social and employment issues, which aims at improving the skills of persons unable to work because of their health condition, age or specific conditions of life. With respect to employment and occupation, the Committee notes that a new qualification and provision system (rehabilitation system) entered into force on 1 January 2008 with the objective of restoring the work ability of people living with disabilities, thus promoting their employment. It furthermore notes from the Government’s report the adoption of Decree 357/2008 (XII.31.) of 1 January 2009, amending Decree 177/2005 on the budget subsidy for the employment of employees with altered capacity for work, and notes that an employer may be given a subsidy for the employment of a person with altered capacities. The Committee encourages the Government to continue its efforts to promote the access of persons with disabilities to education, vocational training, employment and occupations, and requests it to continue to provide information in this regard, including on the results achieved. Please also provide information on the impact of the “road to work” programme on those unable to work because of health conditions, age or specific conditions of life.

Article 2. Equal opportunities plans. The Committee notes that pursuant to section 63(4) of the Equal Treatment Act (ETA), “[b]udgetary organizations employing more than 50 persons, as well as legal entities in which the State has a majority ownership are obliged to draw up an equal opportunities plan”. In this regard, the Committee recalls that the supervision of the adoption of the equal opportunities plans falls within the mandate of the Equal Treatment Authority. The Committee notes from the Government’s report that inspections were conducted and decisions have been taken against employers failing to adopt an equal opportunities plan. It notes however that the number of proceedings launched in order to inspect budgetary authorities and legal entities remains low. The Committee requests the Government to provide detailed information on the equal opportunities plans that have been developed, including the number of workers covered by such plans, and a summary of illustrative provisions in such plans. Please also continue to supply information on the application of section 63(4) of the ETA.

Sexual harassment. The Committee notes the position 384/5/2008 (IV.10.) of the Advisory Board of the Equal Treatment Authority on harassment and sexual harassment, which it will examine as soon as a translation becomes available. The Committee also notes from the Government’s report the low number of sexual harassment cases, which may suggest that women encounter difficulties in practice in having access to the remedies provided by the ETA. The Committee notes in this regard the annual report on the activities of the Equal Treatment Authority (2009) underlining the difficulties in the investigation of complaints related to harassment, as well as possible reprisals by the employers when a complaint is lodged. The Committee requests the Government to provide information on measures taken to address the difficulties encountered in the investigation of complaints related to sexual harassment, and the fear of reprisals. The Committee also asks the Government to provide information on any measures taken or envisaged to raise awareness of workers, employers and their organizations of the Authority’s role related to sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the National Strategic Plan to Promote the Social Equality of Men and Women, the aims of which include creating economic independence for women and men; supporting better harmony of professional, private and family life; supporting equal rate of male–female participation in political and economic decision-making; and terminating gender-related stereotypes in society. The Committee also notes the Government’s indication that short-term measures for the implementation of the National Strategic Plan will be specified every two years. The Committee requests the Government to provide information on the measures taken or envisaged under the National Strategic Plan to promote equality of opportunity and treatment of men and women in employment and occupation, including information on the short-term measures to implement the National Strategic Plan, the impact of such measures, as well as information on the establishment of the institutional system for coordinating, implementing, monitoring and evaluating the strategy. Please also provide specific information on how occupational segregation is addressed in the National Strategic Plan, or through other means; and indicate any results achieved through the Hungarian EQUAL Community Initiative Programme to address job segregation.

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information provided by the Government on measures taken to promote social integration of Roma, such as housing programmes and initiatives to combat segregation. The Committee also notes the Government’s indication that great emphasis has been given to programmes supporting the entry of Roma employees into the labour market. In this regard, the Committee emphasizes the Strategic Plan adopted to serve the implementation of the Decade of Roma Inclusion Programme (2005–15). The Strategic Plan sets overall objectives in education, employment, housing and health care with regard to the enforcement of equal treatment for Roma. The Committee, furthermore, notes that some measures have been taken to monitor the progress achieved with respect to the tasks set out in the Strategic Plan, including: (1) independent research to assess its effectiveness; (2) the creation of a Roma controlling and monitoring committee; and (3) the requirement for the Government to report to Parliament every two years. Moreover, the Committee notes the Government’s willingness to create the legal regulatory framework required for a more effective application of the principle of equal opportunities for Roma. While noting the number of initiatives taken by the Government, the Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) the persistence of Roma segregation in education, particularly in channelling their children into “special” educational systems, which results in a low level of education limiting access of Roma to employment (ECRI, Report on Hungary, adopted on 20 June 2008, paragraph 75). The Committee also notes from the ECRI’s report that the “unemployment rate of Roma remains extremely high”, and that “Roma also continue to experience both indirect and direct discrimination in seeking employment” (paragraph 114). The Committee asks the Government to continue to provide information on the specific measures taken to promote equality of opportunity and treatment of the Roma in education, employment and occupation, including measures to combat negative stereotypes and anti-Roma sentiments, and the results achieved in this regard. The Committee, furthermore, asks the Government to continue to supply information on the monitoring system developed under the Strategic Plan. Please also provide information on any development in monitoring the progress in eliminating inequalities and exclusion from the labour market faced by the Roma.

Article 3(a). Cooperation with the social partners. The Committee notes that the Advisory Board of Equal Treatment organizes a conference every year for employers’ and workers’ organizations with a view to informing them regarding the Equal Treatment Authority’s work, the changes in the legal regulations and the cases considered. It also notes from the Government’s report that the administrators of the Authority regularly make presentations and attend workshops when requested by the social partners. Recalling that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities, the Committee asks the Government to provide information on any measures taken or envisaged to encourage the social partners’ more active involvement in the activities of the Authority.

Article 5. Special measures. The Committee notes from the Government’s report that the “wage support system” allowed a number of persons with altered working abilities to have permanent employment. Since 2008, 11,000 persons who could not be employed in the open labour market due to their health status or disabilities have benefited from the wage support system. The Committee asks the Government to provide information on the implementation of the wage support system regarding persons with family responsibilities, persons over 50 years of age, and persons holding elementary school qualifications. Referring to its previous comments, the Committee once again requests the Government to indicate the progress made in implementing the 5 per cent target for the employment of persons with disabilities in enterprises with more than 20 employees, including measures taken to raise the penalty for non-compliance.

Enforcement. The Committee recalls its previous comments on labour inspections and notes that the Government still does not intend to review section 3(2) of Act LXXV of 1996 in order to expand the mandate of the labour inspectors to address violations of equal treatment on a routine basis, and not only in response to a complaint. The Committee also notes from the Government’s report the role of trade unions in reporting breaches of equal treatment under the Labour Code and the ETA. It, furthermore, notes that the Equal Treatment Authority is authorized to undertake ex officio investigations upon request or in cases defined by the ETA. Emphasizing the important role of labour inspections in combating discrimination in the workplace, and the importance of ensuring effective inspection and enforcement, the Committee requests the Government to provide information on the following:

• (i) how the labour inspectorate and the Equal Treatment Authority cooperate with trade unions to address workplace discrimination, including information on measures taken or envisaged to raise awareness of the rights of workers’ organizations to exercise their entitlements provided by the Labour Code and the ETA;
• (ii) whether measures have been taken or envisaged to prevent reprisals against workers bringing complaints to the attention of the labour inspectorate or the Equal Treatment Authority relating to violations of the principles of the Convention;
• (iii) the number, nature and outcome of cases initiated by trade unions before the courts and the Authority; and
• (iv) cases related to the principles of the Convention that have been dealt with by the labour inspectorate, as well as investigations by the Authority, and the results thereof.

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

Article 1(1)(b) of the Convention. Legislative developments. The Committee notes the amendment of Act CII of 2007 on vocational training allowing young persons with disabilities to obtain partial qualifications in the school system, as well as exemptions from some examinations. It also notes the amendment of Decree 30/2000 expanding the mentor service, provided by the Labour Centre, to persons receiving rehabilitation benefits; and the “road to work” programme introduced by the amendment of the Act CVII of 2008 on certain social and employment issues, which aims at improving the skills of persons unable to work because of their health condition, age or specific conditions of life. With respect to employment and occupation, the Committee notes that a new qualification and provision system (rehabilitation system) entered into force on 1 January 2008 with the objective of restoring the work ability of people living with disabilities, thus promoting their employment. It furthermore notes from the Government’s report the adoption of Decree 357/2008 (XII.31.) of 1 January 2009, amending Decree 177/2005 on the budget subsidy for the employment of employees with altered capacity for work, and notes that an employer may be given a subsidy for the employment of a person with altered capacities. The Committee encourages the Government to continue its efforts to promote the access of persons with disabilities to education, vocational training, employment and occupations, and requests it to continue to provide information in this regard, including on the results achieved. Please also provide information on the impact of the “road to work” programme on those unable to work because of health conditions, age or specific conditions of life.

Article 2. Equal opportunities plans. The Committee notes that pursuant to section 63(4) of the Equal Treatment Act (ETA), “[b]udgetary organizations employing more than 50 persons, as well as legal entities in which the State has a majority ownership are obliged to draw up an equal opportunities plan”. In this regard, the Committee recalls that the supervision of the adoption of the equal opportunities plans falls within the mandate of the Equal Treatment Authority. The Committee notes from the Government’s report that inspections were conducted and decisions have been taken against employers failing to adopt an equal opportunities plan. It notes however that the number of proceedings launched in order to inspect budgetary authorities and legal entities remains low. The Committee requests the Government to provide detailed information on the equal opportunities plans that have been developed, including the number of workers covered by such plans, and a summary of illustrative provisions in such plans. Please also continue to supply information on the application of section 63(4) of the ETA.

Sexual harassment. The Committee notes the position 384/5/2008 (IV.10.) of the Advisory Board of the Equal Treatment Authority on harassment and sexual harassment, which it will examine as soon as a translation becomes available. The Committee also notes from the Government’s report the low number of sexual harassment cases, which may suggest that women encounter difficulties in practice in having access to the remedies provided by the ETA. The Committee notes in this regard the annual report on the activities of the Equal Treatment Authority (2009) underlining the difficulties in the investigation of complaints related to harassment, as well as possible reprisals by the employers when a complaint is lodged. The Committee requests the Government to provide information on measures taken to address the difficulties encountered in the investigation of complaints related to sexual harassment, and the fear of reprisals. The Committee also asks the Government to provide information on any measures taken or envisaged to raise awareness of workers, employers and their organizations of the Authority’s role related to sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the National Strategic Plan to Promote the Social Equality of Men and Women, the aims of which include creating economic independence for women and men; supporting better harmony of professional, private and family life; supporting equal rate of male–female participation in political and economic decision-making; and terminating gender-related stereotypes in society. The Committee also notes the Government’s indication that short-term measures for the implementation of the National Strategic Plan will be specified every two years. The Committee requests the Government to provide information on the measures taken or envisaged under the National Strategic Plan to promote equality of opportunity and treatment of men and women in employment and occupation, including information on the short-term measures to implement the National Strategic Plan, the impact of such measures, as well as information on the establishment of the institutional system for coordinating, implementing, monitoring and evaluating the strategy. Please also provide specific information on how occupational segregation is addressed in the National Strategic Plan, or through other means; and indicate any results achieved through the Hungarian EQUAL Community Initiative Programme to address job segregation.

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information provided by the Government on measures taken to promote social integration of Roma, such as housing programmes and initiatives to combat segregation. The Committee also notes the Government’s indication that great emphasis has been given to programmes supporting the entry of Roma employees into the labour market. In this regard, the Committee emphasizes the Strategic Plan adopted to serve the implementation of the Decade of Roma Inclusion Programme (2005–15). The Strategic Plan sets overall objectives in education, employment, housing and health care with regard to the enforcement of equal treatment for Roma. The Committee, furthermore, notes that some measures have been taken to monitor the progress achieved with respect to the tasks set out in the Strategic Plan, including: (1) independent research to assess its effectiveness; (2) the creation of a Roma controlling and monitoring committee; and (3) the requirement for the Government to report to Parliament every two years. Moreover, the Committee notes the Government’s willingness to create the legal regulatory framework required for a more effective application of the principle of equal opportunities for Roma. While noting the number of initiatives taken by the Government, the Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) the persistence of Roma segregation in education, particularly in channelling their children into “special” educational systems, which results in a low level of education limiting access of Roma to employment (ECRI, Report on Hungary, adopted on 20 June 2008, paragraph 75). The Committee also notes from the ECRI’s report that the “unemployment rate of Roma remains extremely high”, and that “Roma also continue to experience both indirect and direct discrimination in seeking employment” (paragraph 114). The Committee asks the Government to continue to provide information on the specific measures taken to promote equality of opportunity and treatment of the Roma in education, employment and occupation, including measures to combat negative stereotypes and anti-Roma sentiments, and the results achieved in this regard. The Committee, furthermore, asks the Government to continue to supply information on the monitoring system developed under the Strategic Plan. Please also provide information on any development in monitoring the progress in eliminating inequalities and exclusion from the labour market faced by the Roma.

Article 3(a). Cooperation with the social partners. The Committee notes that the Advisory Board of Equal Treatment organizes a conference every year for employers’ and workers’ organizations with a view to informing them regarding the Equal Treatment Authority’s work, the changes in the legal regulations and the cases considered. It also notes from the Government’s report that the administrators of the Authority regularly make presentations and attend workshops when requested by the social partners. Recalling that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities, the Committee asks the Government to provide information on any measures taken or envisaged to encourage the social partners’ more active involvement in the activities of the Authority.

Article 5. Special measures. The Committee notes from the Government’s report that the “wage support system” allowed a number of persons with altered working abilities to have permanent employment. Since 2008, 11,000 persons who could not be employed in the open labour market due to their health status or disabilities have benefited from the wage support system. The Committee asks the Government to provide information on the implementation of the wage support system regarding persons with family responsibilities, persons over 50 years of age, and persons holding elementary school qualifications. Referring to its previous comments, the Committee once again requests the Government to indicate the progress made in implementing the 5 per cent target for the employment of persons with disabilities in enterprises with more than 20 employees, including measures taken to raise the penalty for non-compliance.

Enforcement. The Committee recalls its previous comments on labour inspections and notes that the Government still does not intend to review section 3(2) of Act LXXV of 1996 in order to expand the mandate of the labour inspectors to address violations of equal treatment on a routine basis, and not only in response to a complaint. The Committee also notes from the Government’s report the role of trade unions in reporting breaches of equal treatment under the Labour Code and the ETA. It, furthermore, notes that the Equal Treatment Authority is authorized to undertake ex officio investigations upon request or in cases defined by the ETA. Emphasizing the important role of labour inspections in combating discrimination in the workplace, and the importance of ensuring effective inspection and enforcement, the Committee requests the Government to provide information on the following:

(i)    how the labour inspectorate and the Equal Treatment Authority cooperate with trade unions to address workplace discrimination, including information on measures taken or envisaged to raise awareness of the rights of workers’ organizations to exercise their entitlements provided by the Labour Code and the ETA;

(ii)   whether measures have been taken or envisaged to prevent reprisals against workers bringing complaints to the attention of the labour inspectorate or the Equal Treatment Authority relating to violations of the principles of the Convention;

(iii)  the number, nature and outcome of cases initiated by trade unions before the courts and the Authority; and

(iv)  cases related to the principles of the Convention that have been dealt with by the labour inspectorate, as well as investigations by the Authority, and the results thereof.

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

Equal Treatment Act.  The Committee notes from the Government’s report that following the amendments made to the Equal Treatment Act by Act CIV of 2006, the Equal Treatment Authority has a supervisory mandate with regard to the enterprise-level equal opportunities plans envisaged by the Act. The Committee notes that these amendments entered into force on 1 January 2007. The Committee requests the Government to provide detailed information on the progress made in the adoption and implementation of equal opportunity plans by enterprises under the Equal Treatment Act, including information on the specific steps taken by the Equal Treatment Authority to supervise this process. The Committee also requests the Government to continue to provide detailed information on the cases decided by the Authority and the courts under the Act. Please also provide information on the extent to which trade unions make use of their right to lodge complaints, as provided for under the 2006 amendments to the Equal Treatment Act.

Article 1 of the Convention. Sexual harassment. The Committee notes that the 2006 amendments to the Equal Treatment Act clarify that section 10 of the Act prohibiting harassment, also covers sexual harassment by providing that the concept of harassment includes “all conduct of a sexual or other nature”. The Committee requests the Government to provide information on the implementation and enforcement of section 10 of the Equal Treatment Act, including any judicial decisions involving this provision. Please also supply information on the measures taken to raise awareness of sexual harassment at work and any measures of prevention envisaged.

Article 2. Equality of opportunity and treatment of men and women. 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 requests the Government to provide the following:

(a)   information on the measures taken under the National Action Plan to promote equal opportunities between men and women with a view to achieving gender equality in employment and occupation, including information on the measures taken under the European EQUAL Initiative to address horizontal and vertical occupational sex segregation;

(b)   statistical information on the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors.

Equality of opportunity and treatment of the Roma.  The Committee notes that the Government has taken a number of initiatives to address discrimination in employment and occupation faced by the Roma, mainly by promoting their training and access to employment, including through public works programmes. The Committee notes that almost all Roma benefiting from vocational training measures participated in programmes requiring the lowest educational qualifications. The Committee also notes the Government’s acknowledgment that Romas’ entrance into the labour market is undermined by negative stereotypes and anti-Roma feelings which are widespread among managers and result in discrimination in recruitment. The largest proportion of complaints brought before the Equal Treatment Authority were filed by Roma people. While noting the Government’s statement that no labour market data disaggregated by ethnic origin was available, it also notes that according to the 2004 Joint Memorandum on Social Inclusion between the Government and the European Commission, the unemployment rate among the Roma population is three to five times higher than that of the other parts of the population. The Committee requests the Government to:

(a)   take effective measures to combat negative stereotypes and anti-Roma feelings resulting in employment discrimination against members of the Roma and to indicate the specific measures taken;

(b)   continue to provide information on the specific measures taken to promote equality of opportunity and treatment of the Roma in employment and occupation and on the results achieved by such action. In this regard, please also provide information on the measures taken or envisaged to achieve greater access of the Roma to higher education and to ensure their equal access to all levels of employment;

(c)   indicate how it is monitoring the progress made in eliminating inequalities and exclusion from the labour market faced by the Roma and whether any measures are being considered to gather and analyse qualitative and quantitative data in this regard.

Article 3(a). Cooperation with the social partners. The Committee recalls that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities. The Committee requests the Government to provide information on examples of the social partners’ involvement in the activities performed by the Equal Treatment Authority. The Committee also requests the Government to continue to provide information on the activities carried out by the Equal Opportunity Council and on how these contribute to the application of the Convention.

Article 3(b). Educational programmes. The Committee notes the various initiatives undertaken to raise awareness on discrimination and equality issues and to disseminate information on the relevant legislation, institutions and complaints procedures. The Committee requests the Government to continue to provide such information.

Article 3(e). Vocational training. The Committee notes that specialized training programmes have been developed under Governmental Decree No. 1057/2005 (31/05) providing participants in such training with qualifications corresponding to labour market demands. The Committee requests the Government to provide more detailed information on how disadvantaged groups, including persons with disabilities and the Roma, benefit from such specialized training, how it is ensured in practice that disadvantaged groups benefit from these specialized training programmes and, more generally, how the principle of equality of opportunity and treatment is applied in the context of vocational training. In this regard, the Committee also reiterates its previous request for information on the application of Act XXIX of 2003 introducing a prohibition of discrimination in respect of vocational training.

Article 5. Special measures. The Committee notes from the Government’s report that under Act IV of 1991 on the promotion of employment, as amended by Act CXIII of 2006 “wage support” is provided to employers hiring “disadvantaged persons”, (i.e. persons with disabilities, persons with family responsibilities, persons over 50 years of age, and persons holding elementary school qualifications). The Committee also notes that employers engaging more than 20 employees are required to ensure that at least 5 per cent of their employees are persons with disabilities (“altered working abilities”). Alternatively, these employers shall pay a rehabilitation contribution. The Committee requests the Government to supply information on the implementation of the “wage support system”, including indications on the extent to which the different disadvantaged groups have benefited from it. Please also indicate the progress made in implementing the 5 per cent target for the employment of persons with disabilities in enterprises with more than
20 employees.

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

Labour inspection. The Committee recalls its previous comments made in relation to the Equal Remuneration Convention, 1951 (No. 100) concerning the fact that the Labour Inspectorate is only able to take action with regard to the equal treatment provisions of the Labour Code following a complaint from an individual employee claiming that his or her right to equal treatment has been infringed. The Committee emphasized the importance of giving workers’ organizations the possibility of reporting discrimination and of enabling the Labour Inspectorate to supervise the application of the Labour Code’s provisions on equal treatment on their own initiative.

In this regard, the Committee notes from the Government’s report that the 2006 amendments to the Equal Treatment Act authorize trade unions to bring complaints under the Equal Treatment Authority. Concerning the limited mandate of the Labour Inspectorate with regard to the supervision of the Labour Code’s equal treatment provisions, the Committee notes from the Government’s report on Convention No. 100 that Hungary does not intend to change this situation, as, in the Government’s view investigations by labour inspectors, on their own initiative, into the observance of equal treatment requirements would be contrary to the principle of self-determination. The Committee stresses that the principle of equal treatment in employment and occupation is a fundamental right that the authorities must protect, including in cases where the workers concerned do not raise complaints. The Committee therefore requests the Government to review, in cooperation with the social partners, section 3(2) of Act LXXV of 1996 with a view to expanding the mandate of the labour inspectors to address violations of equal treatment. Please indicate the outcome of such a review, including the results of the consultations held with the social partners in this regard. The Committee also requests the Government to indicate whether and how trade unions cooperate with the Labour Inspectorate to address workplace discrimination.

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

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

1. Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation on the issue of sexual harassment, the Committee notes that sexual harassment is defined and prohibited under the Equal Treatment Act (sections 8 and 10(1)). The Committee requests the Government to continue to provide information on any measures taken to prevent and address sexual harassment at work.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that in 2004, the number of unemployed men decreased by 1.2 per cent, while that of women increased by 9.5 per cent. The employment rate was 63.1 per cent for men and as low as 50.7 per cent for women. The Government considers that equal employment opportunities for women could be improved through harmonizing their work and family responsibilities. In this regard, the Committee notes that the Government has introduced a number of measures to assist parents of small children to remain connected with the labour market during periods of caring for a child or family member and to return to the labour market subsequently, including training for the men and women concerned and financial incentives for employers. The Committee also notes that horizontal and vertical occupational segregation by gender is being addressed through projects under the European EQUAL initiative. The Government is asked to continue to provide information on the labour market situation of men and women and the measures taken to promote gender equality in employment and occupation, including the measures mentioned above and their impact on the enjoyment of equal employment opportunities of men and women.

3. Equality of opportunity and treatment of the Roma. The Committee notes with interest that the Government of Hungary has agreed to establish the Secretariat of the Decade of Roma Integration 2005-15 declared by the Prime Minister’s of eight Eastern and Central European countries. The Secretariat coordinates the Programme of the Decade which involves coordination and joint development of national strategies and the elaboration and monitoring of action plans. Recalling its previous comments on the situation of the Roma, the Committee notes the detailed information provided by the Government on measures taken to promote employment and social integration of the Roma, such as training schemes, public works programmes, and projects to promote respect and tolerance among the different groups of the population. The Committee welcomes these efforts to assist the Roma employed in public works programmes to enter regular employment. The Committee requests the Government to continue to provide similar information in its next report, as well as information on the impact of the measures taken on the employment situation of the Roma.

4. National machinery to promote equality. Recalling that the Equal Treatment Act provides for the establishment of an administrative body to supervise the Act’s implementation, the Committee notes that the Equal Treatment Authority started its work in early 2005 and that the Authority’s rules of procedures are laid down in Government Decree No. 362/2004 of 22 December 2004. The Authority may, inter alia, examine individual complaints, conduct ex officio investigations, and initiate public interest lawsuits. Noting that the Equal Treatment Act offers complainants a choice of initiating procedures concerning workplace discrimination with the Authority or the labour inspectorate, the Committee welcomes that close cooperation between these two bodies is being envisaged. It appreciates the detailed analysis provided by the Government of the petitions filed so far with the Authority and notes that most of the petitions related to employment matters, and most frequently to dismissals of women over 50 years of age and women planning to have children, as well as discrimination against the Roma. The Committee requests the Government to continue providing information on the activities carried out by the Authority in fulfilment of its mandate, including information on any investigations conducted or individual cases examined.

5. Article 3(b). Educational programmes. Recalling its previous comment regarding the need to design and implement measures to promote awareness of the principle of equality of opportunity and treatment in the workplace, the Committee notes the Government’s reply stating that all relevant laws and regulations were published in the Official Gazette. The Committee recalls that awareness-raising is an important strategy to secure the acceptance and observance of national laws and policies to promote equality of opportunity in employment and occupation. The Committee, therefore, requests the Government to provide information on the measures taken to raise awareness of equality issues among workers and employers, in cooperation with their organizations, including with a view to promote the adoption of equality plans under section 70A of the Labour Code.

6. Article 3(e). Vocational training. Noting from the Government’s report that no information is yet available on practical application of Act XXIX of 2003 introducing a prohibition of discrimination in the context of vocational training, the Committee requests the Government to provide the information requested as soon as it becomes available.

7. Parts III and IV of the report form. Administrative and judicial decisions. The Committee notes with interest that the creation and operation of the Roma Anti-Discrimination Customer Service Network, which provides legal services to the Roma in discrimination cases, has led to a considerable increase in the number of employment disputes resolved either through mediation or administrative or judicial proceedings. The Committee also thanks the Government for providing summaries of recent cases involving equality issues dealt with by the labour inspectorate and the courts. It particularly notes the 2003 decision of the Supreme Court involving issues of burden of proof under section 5(2) of the Labour Code. The Committee requests the Government to continue to provide such information in the future.

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

1. Articles 1 and 2 of the Convention. Legislative developments. Equal opportunity plans. Further to its previous comments concerning the adoption of Act CXXV of 2003 (“Equal Treatment Act”), the Committee notes that the Act provides for a new section 70A of the Labour Code which recognizes the important role played by employers in promoting equal opportunity by providing that the employer may adopt an equal opportunities plan in cooperation with the trade union or works council concerned. Equal opportunity plans shall contain an analysis of the employment situation of groups of employees in a disadvantaged position, in particular: (a) women; (b) employees over 40 years of age; (c) the Roma; (d) employees with disabilities; and (e) employees raising two or more children below the age of 10, or single employees raising a child below the age of 10. This analysis should cover wages, working conditions, advancement, training, and benefits related to child-raising and parenthood. The plans shall also state the employer’s objectives in ensuring equal opportunities and the measures envisaged to achieve these objectives. Under section 36 of the Equal Treatment Act, public agencies employing more than 50 employees and legal persons with a majority state ownership must adopt an equal opportunities plan. The Committee requests the Government to provide information on the progress made in the adoption and implementation of equal opportunity plans by private and public sector employers and the results achieved through such action.

2. Follow-up to the representation made under article 24 of the ILO Constitution by the National Federation of Workers’ Councils (NFWC) concerning the application of Conventions Nos. 111 and 122 (GB.275/7/3, June 1999). The Committee recalls that this representation concerned allegations that legislation enacted by the Government reducing the personnel budget of institutes of higher education in 1995 had resulted in the dismissal of a disproportionate number of female lecturers and researchers. The Governing Body determined that there was insufficient information to permit it to reach any conclusion, but requested the Government to provide additional information to the Committee of Experts on the issues raised in the representation.

3. In its previous comments, the Committee requested the Government to provide information on the number of teaching and non-teaching staff, disaggregated by sex, which were dismissed due to the 1995 austerity measures. In reply, the Government refers to previously submitted information concerning the gender composition of the total workforce dismissed, but did not indicate the gender composition of the dismissed teaching and non-teaching staff respectively. As the Committee is not yet in a position to appreciate whether the 1995 austerity measures had a disproportionate impact on female teaching staff, it would like to clarify its request to the Government concerning the additional information requested. The Committee, therefore, asks the Government to indicate the number of female and male teaching staff respectively, at the time the measures in question were taken, as well as the number of the teaching staff dismissed, again disaggregated by sex. The Committee urges the Government to ensure that in any future situation where public employment must be reduced due to budgetary constraints, an assessment of the impact of measures taken on the men and women in the sectors affected is made in order to avoid dismissals contrary to the principle of equality of opportunity and treatment.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Government has not replied to its 2002 general observation on the issue of sexual harassment and hopes that the information requested will be included in the Government’s next report.

2. Application of the Convention in law. The Committee notes with interest that Act XXIX of 2003 amended the Vocational Training Act of 1993, introducing a prohibition of discrimination in the context of concluding or modifying a training contract, or in the course of providing training. The Chamber of Commerce may exclude organizations breaching this prohibition from employing trainees for up to five years. Please provide a copy of this amendment with the Government’s next report, as well as information on its implementation in practice, including the number, nature and outcome of cases of discrimination in vocational training dealt with by the competent authorities.

3. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes with interest the creation of a position of Minister without portfolio on equal opportunities heading the newly established General Directorate for Equal Opportunities established within the Ministry of Employment Policy and Labour. Please provide information on the mandate and activities carried out by these new institutions in order to promote equality of opportunity in employment and occupation.

4. Equality of opportunity and treatment of men and women. The Committee notes that preparations are under way to replace the Women’s Representative Council by a new body which will also include representatives of workers’ and employer’ organizations. It also notes that a National Action Plan on Equal Opportunities for Men and Women (2003-06) has been adopted. Please provide information on the establishment and mandate of the body to replace the Women’s Representative Council, as well as its activities promoting the application of the Convention. Please also provide a copy of the National Action Plan (if possible in a working language of the ILO).

5. The Committee notes from data published by the ILO that the rate of economically active women (15-74 years) increased from 45.4 per cent in 1999 to 46.9 per cent in 2003, while the same rate for men remained stable at around 61.4 per cent. The Government indicated in its report that the number of employed women increased mostly due to the fact that the retirement age of women is being increased progressively. The Committee notes the measures taken to support women’s reintegration into employment after periods of absence from the labour market due to child-raising breaks. The Committee requests the Government to continue to provide information on these and other measures promoting women’s employment and training and their impact. Please also provide information on the measures taken to address the prevailing high degree of horizontal and vertical gender segregation in the labour market.

6. Equality of opportunity and treatment of the Roma. Recalling its previous concerns over the effective implementation of the medium-term action package to improve the living conditions of the Roma population, the Committee notes with interest that public works programmes at the national, county and local level are specifically used to promote Roma’s employment. For instance, the largest public works programme announced in 2003 gave priority to long-term unemployed men and women of Roma origin, providing employment for over 2,100 Roma. The Committee also notes that the Office for National and Ethnic Minorities is preparing the establishment of a system to monitor the implementation of the medium-term action package. The Government is asked to provide information on the following points in its next report.

(a)  Progress made in effectively implementing the medium-term action package referred to above with a view to realizing equal opportunities for Roma in employment and occupation. Please continue to provide information on the evolving strategies and policies, as well as the relevant institutions and their activities promoting the application of the Convention in respect to the Roma.

(b)  Any results achieved in providing equal opportunities to the Roma as regards vocational training. Please also indicate whether efforts are being made to assist Roma that have participated in public works programmes to obtain employment on the regular labour market.

(c)  Any awareness-raising or educational initiatives undertaken or envisaged to promote respect and understanding between the Roma and other groups of society, and information on any such activities carried out in cooperation with workers’ and employers’ organizations.

(d)  Information on the number, nature, and outcome of cases involving instances of discrimination of Roma in education, training and employment brought before the competent bodies, such as the courts and the labour inspection service.

7. Part IV of the report form. Judicial decisions. Please continue to provide information on any judicial decisions involving matter of principles relating to the application of the Convention.

8. Part V of the report form. Labour inspection. The Committee notes that in the period 2000-02 only four reports made to the labour inspectorate concerned discrimination. The Committee recommends that the Government, in cooperation with workers’ and employers’ organizations designs and implements measures to raise awareness and understanding of the principle of non-discrimination in the workplace.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Measures to prohibit discrimination and to promote equality. The Committee notes with interest the adoption of Act CXXV of 2003 which prohibits discrimination in private and public employment on all grounds listed in Article 1 of the Convention, as well as on the grounds of mother tongue, disability, state of health, family status, motherhood or fatherhood, sexual orientation, sexual identity, age, financial status, part-time or fixed-term status or other employment relationships, trade union membership or other status (section 8). The Act also contains provisions on indirect discrimination, harassment, burden of proof and positive measures. It also provides for the establishment of a public administrative body mandated, inter alia, to investigate and decide discrimination cases, initiate law suits, and engage in promotional activities and cooperation with workers’ and employers’ organizations. The Committee requests the Government to provide information on the application and enforcement of the new Act in respect of employment and occupation, including through the competent judicial and administrative bodies.

2.  Discrimination on the basis of sex. The Committee recalls that, at its 275th Session (June 1999), the Governing Body approved the report of the committee designated to examine the representation submitted by the National Federation of Workers’ Councils (NFWC) pursuant to article 24 of the ILO Constitution, alleging the Government’s non-observance of the present Convention, and of the Employment Policy Convention, 1964 (No. 122). The Governing Body determined that there was insufficient information to permit it to reach any conclusions regarding the issues raised in the representation, including the NFWC’s allegations that the Government’s enactment of legislation reducing the personnel and social security-related budgets of institutes of higher education in 1995 had resulted in the dismissal of a disproportionate number of female lecturers and researchers. However, it requested the Government to provide additional information to the Committee of Experts on the issues raised in the representation.

3. In reply to the Committee’s previous comments on this matter, the Government states that like any other employer, the institutes of higher education are bound by the prohibition of discrimination established under the law the protection of which also extends to female teaching staff in these institutions. In cases of alleged discrimination the right to a remedy was established under the Labour Code. The Government also states that there have been a number of court decisions in regard to dismissals in the context of the 1995 austerity measures holding that dismissals had been illegal based on procedural reasons rather than due to discrimination. It also provided examples of the judicial decisions in such cases. The Committee notes this information. However, the Government was not able to provide information disaggregated by sex on the number of teaching staff dismissed due to the 1995 austerity measures, nor on the number of non-teaching staff dismissed. The Committee therefore  requests the Government to take the necessary measures to provide this information in its next report in order to allow the Committee to consider fully the de facto result of the austerity measures in relation to the application of the Convention.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report, on the following points.

1. The Committee notes the detailed information provided on the structure and activities of the Standing Committee on Human Rights, Minority and Religious Affairs and the Office of National and Ethnic Minorities. It notes that in 2001 a government decree commissioned the Office of National and Ethnic Minorities to organize a large-scale social debate on the discussion material containing the directives of the long-term Roma social and minority policy strategy. The deadline for the said debate was 30 November 2001, after which the long-term strategy was to be finalized and presented to Parliament for approval. The Committee requests the Government to inform it of the progress made in this regard and provide a copy of the long-term strategy upon its approval.

2. The Committee notes the establishment, by Government Order No. 1048/1999 (V.5.), of the Inter-Ministerial Committee on Roma Affairs to coordinate the implementation of the positive action measures outlined in the medium-term action package discussed in previous comments. Members of the Inter-Ministerial Committee on Roma Affairs are to report to the Inter-Ministerial Committee every year on the pro rata temporis implementation of the tasks under the medium-term action package; in this connection, the Government indicates that the implementation of said tasks, according to the reports of the ministries concerned, have been realized in the decisive majority of cases. However, the Committee points out that it has not received information on the manner in which these employment initiatives have been translated into practice or the results achieved by them, as it had previously requested. It therefore asks the Government to supply the abovementioned information.

3. Further to the medium-term action package mentioned above, the Committee notes the Government’s indication that the package’s implementing Order No. 1047/1999 was amended by government decree in 2001. The Committee asks the Government to confirm whether the latter is, in fact, Order No. 1073/2001 on the amendment of Government Decision No. 1047/1999 on the improvement of the living conditions and social status of Roma, and to attach a copy of the Order with its next report.

4. Referring to its previous request asking the Government to indicate whether any modifications to the anti-discrimination legislation had been made or were contemplated, the Committee notes the information contained in the attached Report on the Activities of the Parliamentary Commissioner for the Rights of National and Ethnic Minorities. The report highlights the difficulties encountered in establishing effective minority self-governments and raising educational standards for Roma youth. It indicates that, to address the former problem, an ad hoc committee set up by the Standing Committee on Human Rights, Minority and Religious Affairs had drafted an amendment to the Act on the rights of national and ethnic minorities (LXXVII) of 1993. The draft Bill had been presented to the Parliament in November 2001 but was not placed on the agenda. In respect of the issue of Roma education, the report indicates that the Standing Committee has prepared a draft Bill on the "Fight against racism and xenophobia and for securing equal treatment", one chapter of which concerns discrimination in education. The Committee requests the Government to inform it in its next report of further developments with regard to these legislative initiatives.

5. The Committee notes the Government’s indication that Order No. 6/1982 of the Ministry of Health was annulled by Order No. 33/1988, which was itself modified in 2000. Order No. 33, referred to by the Government as attached to the report, was not received. The Committee asks the Government to provide a copy of this legislation in its next report.

6. The Committee notes the information in respect of the structure and functions of the Women’s Representation Council. In particular, it notes that the Council’s activities include the compilation of publications on the topic of equal opportunity and participation in programmes designed to promote the principle of equal opportunity for men and women. The Committee requests the Government to provide further information with respect to the manner in which these activities are undertaken, including copies of relevant publications and materials, and to indicate the progress achieved by these measures in its next report. With reference to the Government’s statement that the measures outlined in the national action programme were only partially implemented, the Committee asks the Government to inform it of the status of the said measures, including the difficulties encountered in their implementation, and to indicate the results achieved.

7. The Committee notes that, according to the information contained in a document entitled "Labour market in Hungary - 1999", there has been a dramatic decline in the labour market activity of women. Less than half of the women aged 15 to 74, or 45.4 per cent, were present in the labour market in 1999. In this connection, the Committee requests the Government to provide information respecting the measures taken or contemplated to promote the participation of women in all fields of employment and indicate the results secured, including statistical data, by the said measures.

8. The Committee notes the Government’s statement that the cooperation of the social partners is ensured through their participation in various expert committees on equal opportunity. It asks the Government to supply information on the composition of the abovementioned committees and provide particulars on their activities to ensure equality of opportunity of treatment on all of the grounds set forth in Article 1(1)(a) of the Convention.

9. The Committee notes the information in the report, including statistics, on labour inspections covering the employer’s observance of the anti-discrimination legislation pertaining to the employment of women, minors and persons with changed work capacity. It requests the Government to continue to indicate the number of inspections conducted during the reporting period, the number of violations of the discrimination provisions registered, and the action taken to remedy said violations.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the adoption of Act No. XVI of 2001, which amends the Labour Code by introducing the concept of indirect discrimination and prohibiting discrimination on the grounds stipulated in the Convention and the additional grounds of marital and disability status in all matters connected to the employment relationship, including practices preceding the employment relationship. Also, the Labour Code now expressly spells out the principle of equal pay for work of equal value. Noting that section 5(2) exempts from the definition of indirect discrimination any measure that is appropriate and necessary or can be justified by objective circumstances, the Committee hopes this exception will be applied in accordance with the Convention and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical implementation of these new provisions, including information on judicial cases and labour inspection processes.

2. The Committee notes that, except for information regarding the parliamentary investigation into the dismissal of several female employees of higher education institutions, the Government’s report contains no reply to its previous comments. It must therefore repeat, in part, its previous observation on the following points:

1. The Committee notes that, at its 275th Session (June 1999), the Governing Body approved the report of the committee designated to examine the representation submitted by the National Federation of Workers’ Councils (NFWC) pursuant to article 24 of the ILO Constitution, alleging the Government’s non-observance of the present Convention, and of the Employment Policy Convention, 1964 (No. 122). The Governing Body determined that there was insufficient information to permit it to reach any conclusions regarding the issues raised in the representation, including the NFWC’s allegations that the Government’s enactment of legislation reducing the personnel and social security-related budgets of institutes of higher education had resulted in the dismissal of a disproportionate number of female lecturers and researchers, and it requested the Government to provide additional information on the issues raised in the representation, so that the Committee of Experts could continue to examine the matter.

2. The Committee notes the information provided by the Government in this respect. [...] The Committee therefore requests the Government to indicate whether any measures have been taken or are contemplated to ensure that the exercise of the educational institutions’ right of self-governance is carried out in conformity with the principle of non-discrimination.

3. With regard to the impact of the budgetary restrictions on the employment of civil servants employed in institutions of higher education, the Government indicates in its report that, during the period in question, 2,287 teaching staff and 4,311 non-teaching staff were dismissed. Of the total number of persons dismissed, 3,114 were men and 3,443 were women. The Government indicates that 35.6 per cent of the full-time teaching staff in the 1994/95 academic year were female, but that the larger part of those dismissed did not belong to the teaching staff. The Committee recalls that the Governing Body also concluded that "the imposition of a different retirement age on women, particularly where this distinction is used to force women into retirement earlier than the compulsory legal retirement age for their profession, would, if such a practice were verified, constitute discriminatory conduct that has a negative impact on women’s access to employment and denies them equality of opportunity and treatment in employment and occupation" (GB.275/7/3, paragraph 43) (275th Session, June 1999). The Committee therefore requests the Government to indicate the number of female teaching staff dismissed during the relevant period, as well as the number of female non-teaching staff dismissed.

4. The Governing Body also requested the Government to provide information on any measures taken or contemplated to ensure that the civil servants dismissed have access to redress through the judicial process, the status of any claims filed and the outcome of those claims. The Government has indicated that the employees who were dismissed have the right to legal redress, but that it does not have details of litigated cases. The Committee expresses its hope that this information will be supplied with the next report.

In addition, a request regarding certain points, including the status of the abovementioned investigation, is being addressed directly to the Government.

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

1. In view of the representation made by the National Federation of Workers' Councils (NFWC), the Committee had postponed its comments on the application of the Convention. This comment will therefore consider the contents of both the 1997 and 1999 reports.

2. In its previous direct request, the Committee had requested further information on the positive action measures and programmes taken in favour of groups of different national extraction, particularly the Roma (Gypsies), and the results achieved in the fields covered by Article 1(3) of the Convention. In this regard, the Committee notes that, in 1997, the Government approved a medium-term policy package to improve the living conditions of the Roma population, Decree No. 1093/97 (VII.29), which was reinforced two years later by Decree No. 1047/99 (V.5). These decrees include a number of employment promotion initiatives including, inter alia, extending positive action measures for the Roma population within the framework of the Employment Act. The Committee requests the Government to indicate the manner in which these positive action measures are applied, as well as the progress achieved in securing equal access to employment for members of this minority group. With regard to the 1997 measures, the Committee notes that the policy package included feasibility studies based on research concerning discrimination against the Roma, as well as consideration of ways in which existing anti-discrimination legislation could be supplemented to promote application. The Committee requests the Government to provide copies of any such studies carried out, and indicate whether any modifications to the anti-discrimination legislation have been made or are contemplated. The Committee would be grateful if the Government would continue to provide information on any measures taken or envisaged to improve the situation of the Roma in the Hungarian labour market, including statistical data reflecting the progress achieved.

3. With regard to application of the principle of non-discrimination to all minority groups in the country, the Committee requests the Government to supply information on the establishment, structure and activities of the Parliament Committee on Minorities and Religious Affairs, as well as the Office of National and Ethnic Minorities.

4. Further to the Committee's previous comments regarding the draft revising section 75 of the Labour Code and its implementing Order No. 6/1982 of the Ministry of Health, the Committee notes that the draft, referred to by the Government as attached to the report, was not received. The Committee requests the Government to provide a copy of the draft legislation in its next report, and to indicate whether it has been adopted.

5. In respect of its earlier comments regarding measures taken to ensure equal opportunities for women, the Committee notes the establishment of the Women's Representative Council. Please supply information on the structure and activities of the Council, particularly as regards the implementation of the Government's equal opportunity policy in respect of access to employment and occupations, access to vocational training and terms and conditions of employment. The Committee also notes from the report the enactment of Decree No. 2174/1997 (VI.26) to implement the Hungarian action programme on women. The Government is requested to provide information on the manner in which the action programme is being applied in practice and the results achieved.

6. The Committee notes from the Government's report the measures under consideration to improve the situation of women in the Hungarian labour market, including conducting an investigation into the practical application of the system of sanctions established for violations of the national anti-discrimination legislation and developing vocational training and rehabilitation programmes that take into account the special problems of women re-entering the labour market. The Committee asks the Government to supply information on the status of the investigation and outcomes, if known. In addition, the Committee requests the Government to indicate the number of women participating in the vocational training and rehabilitation programmes mentioned above, the types of courses offered and the nature and extent of any placement services offered for those completing such training courses.

7. The Committee notes with interest the test case brought by the Equal Opportunities Secretariat of the Ministry of Labour, and the court's decision that sex and age requirements in job advertisements violated the plaintiff's constitutional and human rights. Please continue to provide information on judicial and administrative decisions relevant to the Convention.

8. Further to the Committee's earlier comments requesting information on the Government's cooperation with employers' and workers' organizations, it notes from the report that the Government has solicited proposals from the employer and worker sides of the Interest Reconciliation Council on how to stabilize the position of female employees and ensure equality of opportunity and treatment for men and women workers through the collective bargaining process. The Committee asks the Government to supply information in its next report on the progress made in this regard, and on any cooperative activities undertaken with the social partners to ensure equality of opportunity and treatment on all the grounds set forth in Article 1(1)(a) of the Convention.

9. The Committee notes the Government's statement that labour inspections must cover the employer's observance of the anti-discrimination legislation and regulations pertaining to the employment of women, minors and persons with changed work capacity. Please indicate the number of inspections conducted during the reporting period, the number of violations of the discrimination provisions registered, and the action taken.

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

1. The Committee notes that, at its 275th Session (June 1999), the Governing Body approved the report of the committee designated to examine the representation submitted by the National Federation of Workers' Councils (NFWC) pursuant to article 24 of the ILO Constitution, alleging the Government's non-observance of the present Convention, and of the Employment Policy Convention, 1964 (No. 122). The Governing Body determined that there was insufficient information to permit it to reach any conclusions regarding the issues raised in the representation, including the NFWC's allegations that the Government's enactment of legislation reducing the personnel and social security-related budgets of institutes of higher education had resulted in the dismissal of a disproportionate number of female lecturers and researchers, and it requested the Government to provide additional information on the issues raised in the representation, so that the Committee of Experts could continue to examine the matter.

2. The Committee notes the information provided by the Government in this respect. The Government states that institutions of higher education are independent and have the right of self-governance as concerns employment policy. This includes the institution's right to select its scientific researchers and leaders, as well as the right to make decisions regarding the financial instruments and resources allocated to the institution. In this connection, the Committee recalls the statement by the Governing Body in its report that "under Convention No. 111, the Government has the responsibility of ensuring that discrimination between men and women in employment does not occur" (GB.275/7/3, paragraph 42) (275th Session, June 1999). The Committee therefore requests the Government to indicate whether any measures have been taken or are contemplated to ensure that the exercise of the educational institutions' right of self-governance is carried out in conformity with the principle of non-discrimination.

3. With regard to the impact of the budgetary restrictions on the employment of civil servants employed in institutions of higher education, the Government indicates in its report that, during the period in question, 2,287 teaching staff and 4,311 non-teaching staff were dismissed. Of the total number of persons dismissed, 3,114 were men and 3,443 were women. The Government indicates that 35.6 per cent of the full-time teaching staff in the 1994/95 academic year were female, but that the larger part of those dismissed did not belong to the teaching staff. The Committee recalls that the Governing Body also concluded that "the imposition of a different retirement age on women, particularly where this distinction is used to force women into retirement earlier than the compulsory legal retirement age for their profession, would, if such a practice were verified, constitute discriminatory conduct that has a negative impact on women's access to employment and denies them equality of opportunity and treatment in employment and occupation" (GB.275/7/3, paragraph 43) (275th Session, June 1999). The Committee therefore requests the Government to indicate the number of female teaching staff dismissed during the relevant period, as well as the number of female non-teaching staff dismissed.

4. The Governing Body also requested the Government to provide information on any measures taken or contemplated to ensure that the civil servants dismissed have access to redress through the judicial process, the status of any claims filed and the outcome of those claims. The Government has indicated that the employees who were dismissed have the right to legal redress, but that it does not have details of litigated cases. The Committee expresses its hope that this information will be supplied with the next report.

5. The Government indicates that the Parliamentary Commissioner of Citizen's Rights (Ombudsman) has investigated cases involving certain of the employees in higher education institutions who were dismissed and, in his 1997-98 report, requested Parliament to investigate them. The Government indicates that the results of the investigation will be supplied later. Accordingly, the Committee would be grateful if the Government would supply information on the status of the Parliamentary investigation, including copies of the conclusions reached, once they become available.

6. The Committee is addressing a request directly to the Government on other points, in particular on the efforts being made to improve the situation of the Roma, whose situation in the labour market has been the subject of previous comments.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Governing Body at its 270th Session (November 1997) declared receivable a representation made by the National Federation of Workers' Councils (NFWC), under article 24 of the ILO Constitution, alleging non-compliance by Hungary with the Convention. In accordance with its usual practice, the Committee is postponing its comments on the application of the Convention pending the Governing Body's adoption of the conclusions and recommendations of the tripartite committee appointed to consider the matter.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's report and the information it contains in reply to its comments. It notes with interest the repeal of various decrees on extended vocational training, on which the Committee asked for information, and notes that Decree No. 3/1989 which is still in force contains no provision concerning the teaching of political subjects or the organization of seminars of a political nature.

2. With reference to section 5(4) of the Labour Code, the Committee asked the Government to provide information on the application of this provision (elaboration of the specified regulations and the criteria used to determine who should have preference in employment) and the measures taken to ensure that this could not give rise to discriminatory practices. The Committee notes that the workers concerned may be young people and workers with a reduced capacity to work. The Committee would be grateful if the Government would indicate more precisely all the workers who may be affected by this provision and to state whether regulations in this area have been adopted, and how it is ensured that the above preference does not constitute discrimination. The Committee draws the Government's attention to the fact that special measures of protection designed to take account of special needs may not be considered as discrimination within the meaning of Article 5 of the Convention, if they are warranted as protection and assistance, but that they should be defined after consultation with the employers' and workers' organizations.

3. With regard to the employment of women, and particularly section 75 of the Labour Code, which bans women from work that may have detrimental consequences for their physical constitution or development, the Committee notes the list of jobs from which women are barred pursuant to Order No. 6/1982 of the Ministry of Health. It notes that the list is long and detailed and includes piloting aircraft, driving transport vehicles, trucks of over 3 tonnes, tractors and other heavy agricultural machinery. The Committee asks the Government to indicate to what extent women are able to work in the industries or sectors included in the above list but in jobs which would not involve direct exposure to prohibited substances or dangerous work. Since the list is particularly protective, the Committee considers that it would be appropriate for it to be reviewed and adapted to developments in women's employment so that it cannot give rise to discriminatory practices against women workers. It asks the Government to keep it informed of any measures taken to this end.

4. Further to its previous comment on section 2 of the Employment Promotion Act (No. IV) of 1991, as amended, the Committee notes the information supplied by the Government on the measures planned to enable categories of persons with employment problems, including gypsies, to become integrated or reintegrated in active life by means of suitable vocational training. The Committee would be grateful if the Government would provide information on the measures actually implemented, together with statistics, so that it can assess the results of this policy. Furthermore the Committee asks the Government to indicate the concrete provisions made to guarantee that the Labour Market Organization, referred to in section 3 of above-mentioned Act No. IV and directed by the Ministry of Labour, exercises no discrimination in its activities, particularly in the drafting of job offers.

5. The Committee takes due note of the information concerning the regulations connected with the application of article 70/A(3) of the Constitution. It asks the Government to continue to provide information on all legislation of this nature.

6. Furthermore, the Committee would be grateful if, in its next report, the Government would provide information on any measures taken to ensure the effective promotion of equal opportunity and treatment, in accordance with Article 2 of the Convention regardless of race, colour, sex, religion, political opinion, national extraction or social origin, and on the results obtained particularly as concerns:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and vocational guidance, coming directly under the Government's authority;

(ii) by the legislation and educational programmes;

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly as regards employment in the private sector and areas not governed by collective agreements.

It asks the Government to supply with its next report detailed statistics of the employment situation, particularly statistics of women and ethnic minorities.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's report, in particular its reply to the Committee's previous direct request concerning preferences in employment permitted under section 5(4) of the Labour Code. The Government explains that such special measures are of a protective nature, mainly aimed at women, minors or persons with a disability. The Committee also notes the comment of the Hungarian Employers' Association that it recommends to its members to include cases of preferential treatment under this provision when negotiating collective agreements, particularly as regards protective provisions for work considered to be dangerous or difficult for female employees and minors. From the information supplied by the Government on the criteria used and the practical application of the provision, the Committee observes that the provision is in line with Article 5(2) of the Convention in that it involves non-discriminatory measures designed to meet the particular requirements of persons who are generally recognized to require special protection or assistance.

2. As highlighted in its observation, the Committee welcomes the various measures taken to improve the labour market situation of Gypsies (establishment of a list of Gypsy experts who can act as labour market consultants for this minority, networking with ethnic and national minority committees on labour-related matters, publication of research and sensibilization material, elaboration of vocational training "catch-up" courses, participation of Gypsy representatives in labour centres, hiring by local governments of Gypsy labour assistants, participation of Gypsy families in the "social land fund" programme set up to encourage self-employment on the land).

3. More particularly as regards access to employment and particular occupations, according to the report, the Government commenced a Gypsy crisis-management programme aimed at providing equal chances for Gypsies to exercise the rights that every citizen is entitled to, to eliminate prejudice-driven practices in the labour market and, where necessary, to use positive action. The Ministry of Labour's 1994 Report on Crisis-management for Unemployed Gypsies, attached to the Government report, describes the measures taken to improve the poor labour market position of this group: design of a system to register unemployed Gypsies; a survey to evaluate domestic training programmes for them given their characteristic low level of educational achievement; public service training activities; creation of the above-mentioned "social land fund" to encourage self-supporting self-employed family groupings; creation of a nationwide centre for Gypsy entrepreneurship; and improved links between the Labour Market Organization and Gypsy communities. The report also contains an analysis of the results of these programmes to date, based on, among others, the professional forum held to examine county level implementation during 1993. These results showed, inter alia, the need for better use by the Labour Market Organization of available data, and for better data through unemployment registration, and that public sector work appeared to be the most successful instrument in improving Gypsy access to employment (60-70 per cent of formerly unemployed Gypsies became involved in public work, usually in municipalities).

4. The Committee notes with interest that many of the above-listed measures have been possible in the positive climate following the entry into force of the Act on the Rights of National and Ethnic Minorities (No. LXXVII) of 7 July 1993 which, inter alia, recognizes individual and collective rights of minorities (of which 13 are listed in section 42), their cultural and educational autonomy and representation through self-governments and ombudsmen and their right to use and receive education in their mother tongues. Special emphasis is laid by the Act on the financial means necessary to realize its provisions: funding comes partly from budgetary appropriations under the Act on Finances, and partly from the National and Ethnic Minority Fund (created under section 55(3)). The Act also provides that in settlements where persons belonging to a minority are also living, when appointments are made to local public service jobs, it is to be ensured that a person who has, in addition to the necessary professional qualifications, a proficiency in the given minority language be employed (section 54).

5. As regards access to education and training, the Committee also notes the information provided by the Government in its report on the Convention on the Elimination on All Forms of Racial Discrimination (UN document CERD/C/263/Add.6 of 3 May 1995) on the Act on Public Education (No. LXXIX) of 1993. The Act aims at ensuring the right to education based on equal opportunity and that of national and ethnic minorities to education in their mother tongue. From that report, it appears that a Gypsy grammar school has been opened, a Day of Romany Culture has been organized twice and a festival of Gypsy films held several times in Budapest as part of the sensitization of the public to this minority.

6. The Committee would appreciate receiving further information on the positive action measures and programmes taken in favour of groups of different national extraction, particularly Gypsies, and the results they achieve in the fields covered by Article 1(3) of the Convention. The Committee is particularly interested in measures taken to overcome discrimination in access to jobs and in terms and conditions of employment in view of the findings of the 1994 study undertaken within the ILO/Japan Project on Employment policies for Transition in Hungary (concerning the labour market situation of the Gypsy minority, copy attached to the Government's report) which documented anti-Gypsy discrimination in hiring, and a 20 per cent hourly wage rate gap between Gypsy and non-Gypsy groups.

7. Regarding section 75 of the Labour Code and its implementing Order No. 6/1982 of the Ministry of Health (which contains a very broad ban on women working in occupations that may have detrimental consequences for their physical constitution or development), the Committee notes with interest from the report that the Order is to be revised by a draft. According to the Government, the draft will remove the numerous prohibitions which are not justified by female biological characteristics and physiological conditions linked to their reproductive role, and a copy of the adopted text will be transmitted to the Committee. The Committee looks forward to receiving this new text.

8. The Committee notes the statistics supplied by the Government in its National Report on the Situation of Hungarian Women, prepared for the UN Fourth World Conference on Women, held in Beijing in September 1995. They show that the level of female general education reaches and, in young age groups, even exceeds that of males, there is marked gender segregation in the type of schools and subjects chosen for study (girls represent 66 per cent of grammar school students, where they prevail in health and commercial studies; boys represent 66 per cent of apprentice school students, where they dominate in areas leading to heavy industry and construction occupations). The Committee also notes that while, in the 1993-94 academic year, 52 per cent of university and college students were female, and that in 1994 women represented 50 per cent of full-time active earners, this does not necessarily lead to equal representation in high prestige jobs (76 per cent of workers in health care and social work are women, and 66 per cent in commerce, and there are fewer female than male managers and supervisors). The Committee accordingly requests the Government to inform it of the positive measures under consideration or being taken to overcome the horizontal and vertical discrimination in employment based on the sex of women workers.

9. Noting from the Beijing Report that no government agency has been established to handle female policy, whether in general or specifically for access to training, to employment and in the field of terms and conditions of employment, but that unions and cooperatives have set up in-house women's committees responsible for women's issues arising at work, the Committee asks the Government to describe how it is seeking the cooperation of workers' and employers' organizations in promoting national policy on gender equality in employment, in accordance with Article 3(a) of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous direct request, the Committee had asked for information on the implementation of section 2 of the Employment Promotion Act (No. IV) of 1991, as amended, which bans discrimination in the promotion of employment while allowing "additional rights" for persons in a disadvantaged position in the labour market. The Committee had also requested general information on the implementation of the national policy against discrimination in (a) access to vocational training; (b) access to employment and particular occupations; and (c) terms and conditions of employment, including detailed statistics particularly on ethnic minorities. The Committee notes with interest from the Government's report the numerous measures now under way to enable persons with employment problems, in particular Gypsies who constitute the largest group of unemployed with poor qualifications, to have access to employment and to particular occupations, and to education and training, which are examined in more detail in the direct request being addressed to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its observation, the Committee requests information on the following points:

1. The Committee refers to section 5(4) of the new Labour Code (Act XXII of 1992) which provides for regulations to stipulate that, where identical conditions exist, preference should be given to a specified circle of employees. It would be grateful if the Government would provide information on the elaboration of such regulations and the criteria used to determine whom should be designated to receive the preference, its purpose, and the measures taken to ensure that the preference does not constitute discrimination under the terms of the Convention. In this regard, the Committee draws the Government's attention to Article 5(2) of the Convention which provides that representative employers' and workers' organizations should be consulted on any special measures of assistance designed to meet the particular requirements of persons who are generally recognized to require special protection or assistance.

2. With reference to section 75 of the new Labour Code, which prohibits women from work that may produce detrimental consequences for their physical constitution or development, the Committee requests the Government to indicate the types of employment, including all occupations and professions, in which women have been prohibited to work, as designated by rule of law pursuant to this section, and the grounds upon which such designation has been made.

3. The Committee notes from the Government's report that the Ministry of Labour, with the consent of the Labour Market Committee, has been making efforts to promote employment and training for disadvantaged workers pursuant to section 2 of the Employment Promotion and Provision for Unemployed Act and that organizations promoting the training or employment of gypsies have equal opportunity to join these initiatives. The Committee would be grateful if the Government would provide information on the programmes being carried out under this section, including the groups of people who are benefiting from the programmes, and any government action being taken to include minority groups, such as gypsies, as beneficiaries of such employment and training programmes in order to promote equality of opportunity and treatment in respect of all the grounds set out in the Convention.

4. With reference to article 70/A of the Constitution which provides for the Republic of Hungary to promote "the realization of lawfulness by regulations prohibiting unequal opportunity", the Committee again requests the Government to provide information on the adoption of any such regulations and to furnish copies of the texts.

5. The Committee requests the Government to provide information on the measures taken to ensure that occupational qualifications are not subject to conditions which may constitute discrimination on the basis of political opinion, in accordance with the provisions of the Convention. In this regard the Committee again asks the Government to indicate whether section 4 of Decree No. 10/1983 on extension training for manual workers, section 2 of Decree No. 11/1983 on extension training for skilled workers and sections 2 and 3 of Decree No. 12/1983 providing for political instruction courses have been repealed and, if so, whether they have been replaced by new provisions.

6. The Committee reiterates its request for more detailed information on programmes to promote equality of opportunity and treatment for gypsies in terms of access to training, access to employment and particular occupations, terms and conditions of employment and employment security.

7. The Committee once again requests the Government to provide detailed information on the programmes and policies now pursued to promote effective equality of opportunity and treatment between men and women in terms of access to training and retraining, access to employment and particular occupations, terms and conditions of employment and employment security.

8. In previous comments the Committee noted that the statistical data provided was not broken down according to sex, ethnic group or job category. Noting that no labour statistics were supplied again this year with the Government's report, the Committee requests the Government to supply with its next report detailed statistics on the employment situation, including statistics on women and ethnic minorities.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes with interest the adoption of the new Labour Code, Act XXII, of 1992, which in addition to reaffirming the prohibition of discrimination on the grounds listed in Article 1, paragraph 1(a), of the Convention, provides in section 5(3) that employers shall ensure exclusively on the basis of time spent on the job, professional skills, experience and performance, without discrimination, the opportunity of employees to be promoted to a higher position. The Committee also notes with interest section 2 of Act IV of 1991 on Employment Promotion and Provision for Unemployed Persons, which provides that in promoting employment and supporting unemployed persons, equal opportunity should be ensured for each worker irrespective of sex, age, race, social origin, national extraction, religion, political opinion and membership of workers' organizations.

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

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its observation, the Committee wishes to draw attention to the following points:

1. With reference to article 70/A of the Constitution which provides for the Republic of Hungary to promote "the realisation of lawfulness by regulations prohibiting unequal opportunity", the Committee requests the Government to supply information on the adoption of any regulations pursuant to this authority in future reports and to supply copies of the texts.

2. In its previous comment, the Committee noted that by virtue of section 5.1(e) of Decree No. 3/1982, the main purpose of the participation of the Young Communist League, the Union of Pioneers of Hungary, the Patriotic Front and the representatives of trade unions in vocational guidance was to carry out assessments in terms of career choice; and it requested further information on the role played by these organisations in this respect.

The Committee notes from the Government's reply that the Patriotic People's Front has ceased to exist and that the other organisations are not known to be effectively involved in this field. It also notes that regulation of vocational guidance is now within the competence of the Ministry of Education and Culture rather than the Ministry of Labour and that the contact of experts in the field of vocational guidance with employers and labour administrations is losing momentum.

The Committee requests the Government to continue to provide information on the changes taking place in the provision of vocational guidance and to indicate the measures taken or contemplated, within the framework of the current social and economic changes, to ensure the observance of equality of opportunity and treatment in respect of all the grounds set out in Article 1 of the Convention in the activities of vocational guidance as required in Article 3 of the Convention.

3. In its previous comments, the Committee referred to section 4 of Decree No. 10/1983 on extension training for manual workers, to section 2 of Decree No. 11/1983 on extension training for skilled workers and to sections 2 and 3 of Decree No. 12/1983 providing for political instruction courses, particularly on Marxist-Leninism, to be included in training programmes.

The Committee notes from the Government's reply that the amended provision in the Labour Code which prohibits discrimination applies also to access to training. In light of the recent constitutional and legislative changes, it requests the Government to indicate the measures being taken to repeal the above provisions and to ensure that the obtaining of occupational qualifications are not subject to conditions which may constitute discrimination on the basis of political opinion, in accordance with the provisions of the Convention.

4. In its previous comment the Committee noted that the statistical data provided was not broken down according to sex, ethnic group or job category. It notes that no statistics were supplied with the Government's latest report. The Committee hopes that the Government will be able to supply more detailed statistics on the employment situation, particularly of women and ethnic minorities in its future reports.

5. The Committee refers to its previous comment on programmes in favour of gypsies and requests the Government to provide more detailed information on the measures taken to promote equality of opportunity and treatment in terms of access to employment and occupations, of access to training and of conditions of employment.

6. The Committee reiterates its previous request for information on the policies and programmes now pursued with a view to promoting equality of opportunity and treatment in employment and occupation, without discrimination on any of the grounds mentioned in Article 1 of the Convention and in particular on programmes to promote effective equality of opportunity between men and women.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous comments, the Committee had drawn attention to the lack of constitutional and legislative protection against the possibility of discrimination in employment and occupation based on political opinion, a ground included among those set out under Article 1, paragraph 1(a), of the Convention.

The Committee notes with satisfaction that article 70/A of the Constitution, as revised in October 1989, ensures for every person staying within its territories human and civil rights, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national and social origin, property, birth and other status. It further notes that article 70/A also provides for the punishment of any prejudicial discrimination of any kind on the aforementioned grounds and declares that regulations shall be adopted prohibiting unequal treatment.

The Committee also notes with satisfaction that by Act No. XLI of 24 November 1989, section 18 of the Labour Code has been amended to extend the prohibition of discrimination, inter alia, also to the ground of political opinion by providing that in the establishment of employment relations and in the determination of rights and obligations emanating therefrom, workers must not be discriminated against on grounds of sex, age, nationality, race, social origin, religion, political opinion and membership in their representative organisations.

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information provided by the Government in its report.

1. In its previous comments, the Committee noted that the provisions of the National Constitution (article 61) and the Labour Code (section 18(3)), which prohibit discrimination, do not include "political opinion" among the grounds listed. The Committee notes from the information given by the Government that work on the revision of the Constitution is under way and includes the question of the prohibition of discrimination on grounds of political opinion.

The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, and recalls that where provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention. The Committee hopes that the new texts to be adopted will cover all these grounds, namely race, colour, sex, religion, political opinion, national extraction and social origin.

2. In its previous request, the Committee noted that by virtue of section 7 of Decree No. 3/1982 respecting vocational guidance, the Young Communist League, the Union of Pioneers of Hungary, the Patriotic Front and the local representatives of trade unions, must be associated with vocational guidance activities, and asked the Government to indicate the manner in which effect is given to this provision in practice and to clarify the role played by these organisations.

The Committee notes the Government's statement that the above-mentioned organisations have no function in maintaining offices of vocational guidance; experts on vocational guidance are connected with the working groups of school parents through the Patriotic Front, while the other three organisations contribute to vocational guidance through various programmes (of visits and information). The Committee notes that by virtue of section 5(e) of Decree No. 3/1982, the main purpose of the vocational guidance in which the above organisations participate is to carry out assessments in connection with choice of careers or with intentions regarding the choice of a career and to make use of their results. The Committee requests the Government to provide information on the role of the Patriotic Front and the other above-mentioned organisations in these assessments and on the factors taken into account in this respect.

3. In its previous comments, the Committee referred to section 4 of Decree No. 10/1983 on extension training for manual workers, to section 2 of Decree No. 11/1983 on extension training for skilled workers and to sections 2 and 3 of Decree No. 12/1983 providing for political instruction courses, particularly on Marxism-Leninism, to be included in training programmes.

According to the Government's report, a draft Decree respecting training of skilled workers, health training and the training of typists and stenographers is being prepared and will repeal Decrees Nos. 11/1983 and 12/1983. The Committeee asks the Government to provide a copy of this Decree as soon as it is adopted and to indicate the amendments or other measures adopted to ensure that the provisions of Decree No. 10/1983 cannot make the obtaining of occupational qualifications subject to conditions related to political or ideological knowledge, except in the specific cases covered by Article 1, paragraph 2, of the Convention (conditions based on the inherent requirements of a particular job).

4. The Committee asks the Government to supply information on the present national policy to promote equality of opportunity and treatment in employment and occupation.

5. In its previous request, the Committee noted that for some years the Government's reports had not contained information on the measures taken within the framework of a national policy to promote effective equality of opportunity and treatment in the fields covered by the Convention, particularly with regard to access to training, access to jobs and to various occupations, and conditions of employment. It requested the Government to provide full information on the various points set out in the report form.

The Committee notes the employment statistics referred to by the Government, communicated with the report on Convention No. 122. However, these statistics do not appear to be broken down by category (e.g. women, ethnic groups) and by job category in the various sectors of employment. The Committee asks the Government to provide such information, as well as additional information on the points mentioned in its previous direct request.

6. The Committee takes note of the information supplied by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/172/Add.7 of 1988) regarding programmes in favour of gypsies. It requests the Government to provide information on the measures adopted for this group with respect to employment and occupation.

7. The Committee also notes the information transmitted by the Government to the Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/13/Add.1 of 1986) indicating that there are political, legal, social, economic, financial, health and cultural measures which ensure that women in both urban and rural areas enjoy equality with men. It requests the Government to provide information on the results of these measures.