Effect given to the recommendations of the committee and the Governing Body - Report No 397, March 2022

Case No 3399 (Hungary) - Complaint date: 13-JAN-21 - Follow-up cases closed due to the absence of information from either the complainant or the Government in the last 18 months since the Committee examined the cases

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

1. 20. The Committee last examined this case at its October 2021 meeting and on that occasion, it made the following recommendations [see 396th Report, para. 426]:
   • (a) The Committee requests the Government to revise Act C of 2020, in consultation with the representative workers’ and employers’ organizations concerned, so that persons in a health service legal relationship have the right to engage in collective bargaining on their terms and conditions of employment.
   • (b) In view of the new legal status of persons in a health service legal relationship and the cancellation of the previously concluded collective agreement, the Committee requests the Government to engage with the representative workers’ and employers’ organizations concerned so that the terms and conditions of employment can be jointly agreed and, if not possible, to ensure that any pending matters may be reviewed by an arbitration body that has the confidence of the parties concerned.
   • (c) The Committee requests the Government to keep it informed of any agreements made on the right to strike of persons in a health service legal relationship and, upon consultation with the representative workers’ and employers’ organizations concerned, review Section 15(1) of Act C of 2020 so as to ensure that an independent body may determine the minimum service for industrial action should no agreement be reached between the parties. For persons considered to be in essential services in the strict sense of the term, the Committee requests the Government to ensure that adequate, impartial and speedy conciliation and arbitration proceedings are available in the event that they are not able to have recourse to industrial action.
   • (d) Finally, the Committee trusts that the Government will review the measures taken affecting healthcare workers, in consultation with the representative workers’ organizations concerned, and take the necessary measures to fully ensure respect for the principle of consultation with the representative workers’ and employers’ organizations concerned on any further measures considered.
2. 21. In its communication of 1 February 2022, referring to recommendation (a) by the Committee, the Government notes that it will examine the options regarding collective rights and will consult trade unions and professional chambers, which have played a significant role in the negotiations, on the possible directions of the amendment.
3. 22. As to recommendation (b), the Government communicates its commitment to reconcile the workers’ and employers’ sides, to support representative organizations to start and conduct negotiations and, if requested by the social partners, to provide technical assistance to facilitate their agreement. The Committee notes the information provided by the Government regarding the availability of an alternative dispute settlement forum. It also notes that with the involvement of the social partners, the Government of Hungary launched a project to support services providing legal employment, under which the Labour Advisory and Dispute Settlement Service has been established, providing free services for the settlement of collective labour disputes since November 2016. Organized on a territorial basis, the aim of the Service is to bring collective labour disputes to a conclusion in a mutually beneficial and cooperative way between the parties. The Service provides advice, reconciliation, mediation, negotiation, and arbitration to the parties concerned.
4. 23. Regarding recommendation (c), the Government indicates that it will keep the Committee informed regarding any progress as requested.
5. 24. Finally, as to recommendation (d), the Government notes that it will continue to ensure that the principle of consultation with the relevant representative workers’ and employers’ organizations will continue to be fully respected in any future measures proposed.
6. 25. The Committee takes due note of the information provided by the Government and welcomes its commitment to revise, in consultation with the representative workers’ and employers’ organizations, Act C of 2020 and to engage with the representative workers’ and employers’ organizations concerned so that the terms and conditions of employment of persons in a health service legal relationship can be jointly agreed on. In view of its previous conclusions, the Committee wishes to recall again that all public service workers other than those engaged in the administration of the State should enjoy collective bargaining rights, and priority should be given to collective bargaining as the means to settle disputes arising in connection with the determination of terms and conditions of employment in the public service [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1241]. The Committee requests the Government to continue to keep it informed of the revision of Act C of 2020 and any steps taken to engage with the representative workers’ and employers’ organizations so that the terms and conditions of employment of persons in a health service legal relationship are jointly agreed or, if that is not possible, to ensure that any pending matters may be reviewed by an arbitration body that has the confidence of the parties concerned. The Committee also requests to be kept informed of any agreements made on the right to strike of persons in a health service legal relationship and, upon consultation with the representative workers’ and employers’ organizations concerned, to review Section 15(1) of Act C of 2020 so as to ensure that an independent body may determine the minimum service for industrial actions should no agreement be reached between the parties. For persons considered to be in essential services in the strict sense of the term, the Committee once again requests the Government to ensure that adequate, impartial and speedy conciliation and arbitration proceedings are available in the event that they are not able to have recourse to industrial action. In this regard, the Committee asks the Government to provide additional information on the above-mentioned Labour Advisory and Dispute Settlement Service, and particularly whether persons considered to be in essential services in the strict sense of the term could benefit from the Labour Advisory and Dispute Settlement Service in the event that they are not able to have recourse to industrial action.