Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. In its report, the Government indicates that: (1) according to Act No XCIII of 1993 on safety at work (Safety at Work Act), the initial assessment of job aptitude is conducted by the occupational health physician, who records the employee's previous health conditions without including questions about pregnancy and determines aptitude or employment limitations based on identified risks, emphasizing that women are not required to disclose pregnancy-related information. However, even though this information is voluntarily disclosed, it is considered that women of fertile age may only be suited for certain types of work under specific conditions. The Government indicates also that, between 2021–23, approximately 6 or 7 per cent of substantial occupational and health measures adopted, to counter significant threats to employee’s life, physical integrity, and health, were the result of employers’ violations of special rules regarding the assessment of employability and suitability of vulnerable groups (minors, pregnant women who recently gave birth to a child, women providing mother’s milk and breastfeeding mothers, aging employees, people with reduced capacity to work. The Committee observes that the restrictions set out in Annex 8 of Decree No. 33/1998 (the “Decree”) although applying only to pregnant women who have voluntarily disclosed their pregnancy to their employer and women of fertile age, constitute discrimination based on sex. The Committee asks the Government to clarify whether, once a woman has disclosed her pregnancy to her employer, or if she is of fertile age, she is automatically deemed unfit to perform the tasks set out in Annex 8 of Decree No.33/1998. It asks the Government to provide information on any judicial decisions or cases examined by the Office of the Commissioner for Fundamental Rights of Hungary regarding the application of the Decree.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that a new initiative called TechCsajok, sponsored by the Ministry of Culture and Innovation, has been launched to encourage girls to take an interest in science, technology, engineering, and mathematics (STEM). The Committee observes that no information is communicated regarding the impact of the 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. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remains concerned about the persistence of deep-rooted discriminatory stereotypes and the State party’s official declarations concerning the roles and responsibilities of women and men in the family and in society, which overemphasize women’s responsibilities as mothers and wives, thereby undermining women’s social status, autonomy, educational opportunities and professional careers, as well as constituting an underlying cause of gender-based violence against women (CEDAW/C/HUN/CO/9, paragraph 23). Considering the above, the Committee again asks the Government to provide information on the application in practice of these provisions,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. It also asks the Governmentto provide information on: (i) the results achieved through the TechCsajok initiative 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.

Equality of Opportunity and Treatment Irrespective of Race, Colour, and National Origin: Roma. The Committee welcomes the information provided by the Government regarding improvements in the public education system, highlighting the following: (1) the establishment of the Public Education Strategy 2021–30, which prioritizes promoting access to high-quality education for disadvantaged and severely disadvantaged students, including Romani students, and aims to prevent and address segregation; (2) the introduction, as of September 2025, of compulsory nursery school attendance for children from the age of three, aimed at improving school performance, particularly of disadvantaged children, resulting in increased participation rates. For 3 year-olds, the rate rose from 80.3 per cent in the 2014–15 academic year to 83.3 per cent in 2021–22; for 4 year-olds, the rate increased from 94.7 per cent to 96.2 per cent; and for 5 year-olds, the rate grew from 95.1 per cent to 96.1 per cent; (3) the renovation of nursery school buildings, which led to the creation of over 16,000 new nursery school places between the 2010–11 and 2021–22 academic years; (4) the rate of youth in the 20–24 years age group holding at least upper secondary qualifications domestically was 83.7 per cent in 2022, slightly above the European Union average of 83.6 per cent; and, (5) the operation of anti-segregation working groups in each educational centre responsible for running public schools. In regard to employment, the Committee notes that: (1) between 2020 and 2022, the employment rate of Romani people increased slightly (being 45.1, 45.9 and 47.3 per cent in each of the years, respectively, in the 15–64 age group), yet the gap with non-Romani stayed stable, having regard to the fact that non-Romani employment rates were also improved; (2) public employment has played a significant role in integrating Romani individuals into the labour market, with a notable shift from over 40 per cent in public sector in 2016 to a decreased rate of 17 per cent by 2022, while ordinary employment has risen, according to the Government’s statement; and, (3) public employment has been also particularly important for Romani women, who are employed in this sector at a rate three times higher than Romani men. However, the Committee observes that no information has been provided regarding discrimination cases addressed by the relevant authorities. The Committee asks the Government to provide information on: (i) the proportion of Roma youth holding at least upper secondary qualifications compared to other nationals, including the impact of the Public Education Strategy 2021-2030 on the Roma students; (ii) the number of the anti-segregation working groups centres and their activities; (iii) the measures specially designed to promote access of Roma people to the labour market both in the public and private sector and the results achieved so far, including any data disaggregated by sex; and (iv) any relevant discrimination cases addressed by the authorities.

Article 2. Equal opportunity plans.In the absence of relevant information, the Committee reiterates its request to the Government to: (i) take proactive measures to enhance private sector compliance with the requirement to adopt equal opportunity plans; (ii) provide updates on the actions taken to achieve this objective; and (iii) increase awareness among employers and workers on the importance and benefits of implementing equal opportunity plans, along with providing information in this context.

Article 3(a). Cooperation with the social partners.Once again, the Committee asks the Government to provide information on any measures adopted to promote cooperation with employers’ and workers’ organizations to foster the application of the principles of the Convention.

Article 5. Special measures. Working time for pregnant women or women with young children.The Committee reiterates its request to the Government tocontinue its efforts in reviewing Section 113(2) of the Labour Code to ensure that protective measures are strictly limited to maternity protection or are based on occupational safety and health risk assessments. These measures should not hinder women’s employment opportunities, restrict their access to positions with career growth and responsibilities, or reinforce gender stereotypes.

Persons with disabilities. The Committee welcomes the information provided by the Government, and notes the following: (1) in 2021, the cap on salaries for individuals receiving rehabilitation and invalidity benefits was removed, enabling them to work without income restrictions; (2) as of April 2023, 8,200 employers benefited from a simplified social contribution tax allowance for hiring 43,000 persons with reduced work capacity, compared to 3,217 employers and 5,574 persons in July 2012; (3) the "You Are Valuable!" program was launched in 2020, aiming to increase employment of disabled individuals by raising public and employer awareness and offering a specialized job portal; and (4) the personal allowance for the seriously disabled was increased in 2021, allowing eligible individuals to reduce their tax base by one-third of the minimum wage, which continues to grow annually. TheCommittee asks the Government to provide information on: (i) the number of beneficiaries receiving rehabilitation and invalidity benefits, disaggregated by sex; (ii) the impact of the "You Are Valuable!" program, specifically detailing the number of persons hired through the new job portal, the sectors in which they were employed, and disaggregated data by sex; (iii) any monitoring mechanisms implemented to assess the long-term employment stability and career progression of individuals hired through these or other new initiatives. Additionally, the Committee asks the Government to continue reporting on the specific measures taken to promote equality of opportunity and treatment in employment and occupation for persons with disabilities, including information on their participation in public sector training programs and the number of participants who have subsequently secured employment.

Enforcement. The Committee takes note of the information provided by the Government regarding the decisions of the Equal Treatment Authority (merged with the Office of the Commissioner for Fundamental Rights of Hungary) and refers the Government to its observation in that regard.