Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Hungary (Ratification: 1957)

Relationship between collective bargaining and the legislation. The Committee notes the Government’s indication that with the adoption of the 2012 Labour Code, collective agreements may derogate from the provisions of the Labour Code not only to the benefit but also to the detriment of the employee, except for the minimum guaranteed standards from which derogations are not allowed. As a general rule, in the absence of any provision to the contrary, the collective agreement may derogate from the provisions of the Second (the Employment relationships) and Third (Industrial relations) Parts of the Labour Code. The Committee notes that according to the Government the objective of the above rules is to strengthen the role of contract-based regulation and to provide an opportunity for the parties to conclude collective agreements in order to create flexible rules adapted to the specific workplace and working conditions. The Committee, however, notes that according to the workers’ group of the National ILO Council, existing data on collective agreements and collective bargaining do not support the Government’s indication that the derogation option adopted under section 277(2) of the Labour Code has contributed to the increase in collective bargaining and collective agreements. In this respect, the Committee recalls that the general objective of the Convention is to promote collective bargaining with a view to agreeing on terms and conditions of employment that are more favourable than those already established by law (see the 2013 General Survey on collective bargaining in the public service, paragraph 298).The Committee requests the Government to: (i) provide a list of issues from which the parties can derogate to the detriment of workers and a list of issues (minimum guarantees) from which the Labour Code does not allow the parties to derogate; and (ii) detailed information on how section 277(2) is being applied and its impact in practice.