Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2118 (Hungary) - Complaint date: 28-FEB-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 117. The Committee last examined this case at its March 2004 session [see 333rd Report, paras. 74-76]. On that occasion, the Committee urged the Government to take all necessary measures to amend without delay section 33 of the Labour Code so as to bring it in line with the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and to keep it informed of the measures taken.
2. 118. In a communication dated 21 May 2004, the Government points to paragraph (6) of section 33, which states that if, in relation to the first two paragraphs of the section, the trade union or trade unions did not receive more than half the votes in the workers’ council election, a collective bargaining agreement may be concluded, subject to endorsement by employees in a ballot in which more than half the eligible employees participate. The Government further informs the Committee that in 2003 a decision was taken to reform the Hungarian labour legislation and a committee was established to this end in 2004. The Government explains that it intends to assemble “the National ILO Council, so that the Social Partners could have discussion over the question”. Before doing so, however, the Government wishes “to have a preliminary consultation among the Honourable Committee and the experts of the Government, in order to statement the position of each party”.
3. 119. The Committee notes the Government’s observations. In relation to section 33(6), the Committee notes that this paragraph requires a ballot to endorse a collective agreement, in which at least 50 per cent of employees eligible to vote in workers’ council elections participate. The Committee recalls that the Committee of Experts had considered that problems may arise when the law stipulates that trade unions must attain 65 per cent individually or 50 per cent jointly in order to be recognized as bargaining agents, since unions which fail to secure this excessively high threshold are denied the possibility of bargaining [see General Survey of the Committee of Experts on the Application of Conventions and Recommendations, 81st Session, 1994, para. 241]. The Committee repeats its earlier request that the Government take all necessary steps to amend section 33 so as to lower the minimum threshold requirements for recognition as a bargaining agent and ensure that where no trade union reaches these thresholds, collective bargaining rights are granted to all unions, at least on behalf of their own members.
4. 120. The Committee notes the Government’s information that reform of the labour legislation is currently under consideration, and that the Government intends to convene a national council to address these issues, but observes that the Government does not specifically state that such reforms will include modification of section 33 of the Labour Code. The Committee confirms that the technical assistance of the Office will be available in this process should the Government wish to avail itself of it. The Committee hopes that section 33 of the Labour Code will be considered as a matter of some priority. It draws the attention of the Committee of Experts on Application of Conventions and Recommendations to this case.