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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Hungary (Ratification: 1957)

The Committee notes the observations of the workers’ group of the National ILO Council (hereafter the workers’ group) at its meeting of 13 September 2024, included in the Government’s report, which relate to the issues examined by the Committee below, and the Government’s comments thereon.

Freedom of expression. In its previous comments, the Committee noted with concern that sections 8 and 9 of the Labour Code (2012) prohibited workers from engaging in any conduct, including the exercise of their right to express an opinion – whether during or outside working time – that may jeopardize the employer’s reputation or legitimate economic and organizational interests, and explicitly provided for the possibility to restrict workers’ personal rights in this regard. The Committee urged the Government to take all necessary measures, including legislative, to guarantee that the above provisions did not impede the freedom of expression of workers and the exercise of the mandate of trade unions and their leaders to defend the occupational interests of their members. The Committee notes with deepregret that the Government has not taken any concrete steps to address its previous comments and merely indicates that a debate was held in 2021, and that a publication addressing interpretive questions on trade unions’ right to freedom of expression was issued in 2022. The Committee observes, however, that according to the workers’ group, the discussion held in 2021 did not amount to a consultation. The Committee must therefore once again urge the Government to take all necessary measures, including legislative, in consultation with the social partners, to guarantee that sections 8 and 9 of the Labour Code do not impede the freedom of expression of workers and the exercise of the mandate of trade unions and their leaders to defend the occupational interests of their members. The Committee requests the Government to provide information on concrete steps taken and all progress achieved in this respect.

Article 2 of the Convention. Registration of trade unions. The Committee deeply regrets that the Government once again fails to provide its reply to the 2017 allegations of the International Trade Unions Confederation (ITUC) and the workers’ group which concern the stringent requirements in relation to union headquarters, the refusal of registration due to minor flaws, the imposition of the obligation of including the company’s name in the official name of associations, and the difficulties created for or encountered by trade unions because of the obligation to bring their by-laws in line with the Civil Code. The Committee recalls once again that, although the formalities of registration allow for official recognition of workers’ or employers’ organizations, these formalities should not become an obstacle to the exercise of legitimate trade union activities, nor should they allow for undue discretionary power to deny or delay the establishment of such organizations. The Committee therefore urges the Government to: (i) engage without delay in consultations with representative organizations of employers and workers to assess the need to further simplify the registration requirements, including those relating to union headquarters; and (ii) take the necessary measures to effectively address the alleged obstacles to registration in practice, so as not to impede the right of workers to establish organizations of their own choosing. The Committee also once again requests the Government to provide information on the number of registered organizations and the number of organizations denied or delayed registration during the reporting period, including details on the grounds for refusal of registration, so as to enable the Committee to better assess the conformity of these grounds with the Convention.

Article 3. Right of workers’ organizations to organize their administration. The Committee requested the Government to provide its comments on the ITUC allegations that trade union activity was severely restricted by the power of national prosecutors to control trade union activities, for instance by reviewing general and ad hoc decisions of unions, conducting inspections directly or through other state bodies, and enjoying free and unlimited access to trade union offices. According to the ITUC, in the exercise of their broad capacities, prosecutors questioned the lawfulness of trade union operations several times, requested numerous documents and ordered additional reports if dissatisfied with the unions’ financial reporting, thereby exceeding their legal authority. The Committee deeplyregrets that the Government has not provided its comments on these serious allegations. Recalling once again that the acts described by the ITUC would be incompatible with the right of workers’ organizations to organize their administration as enshrined in Article 3 of the Convention, the Committee expects the Government to respond to the ITUC allegations andto provide information on the type of inquiries conducted by prosecutors into trade union operations.

Deduction of union membership fees. The Committee further notes the Government’s indication that in 2024, section 1 of Act XXIX of 1991 on The Voluntary Nature of Membership Fees in Workers’ Representative Organizations and section 12/A of Act XXXIII of 1992 on The Legal Status of Public Employees were amended to ensure that employers are no longer permitted to deduct union membership fees from employees’ wages or transfer these fees to the trade unions. The Committee notes that pursuant to the amended text of section 1 of Act XXIX of 1991, employers are obliged, except where otherwise stipulated by law, to deduct from employees’ wages trade union dues upon receiving a written request from the employee and transfer them to the trade union concerned. According to section 12/A of Act XXXIII of 1992, however, notwithstanding Act XXIX of 1991, employers are prohibited from deducting or transferring such dues from the wages of public employees. The Committee notes the indication of the workers’ group that the issue of a ban on union membership fees in certain sectors was placed on the agenda of the National ILO Council. The Government indicates that it has held discussions on the issue of union membership fees with the Permanent Consultative Forum of the Competitive Sector, which is the competent forum for tripartite negotiations on general economy and labour related issues. Recalling that workers should have the possibility of opting for deductions from their wages under the check-off system to be paid to trade union organizations of their choice,the Committee requests the Government to provide information on the outcome of the discussion on union membership fees within the Permanent Consultative Forum of the Competitive Sector.

Right of workers’ organizations to organize their activities. The Committee had previously highlighted the need to amend the relevant laws (including the Strike Act, the Passenger Transport Services Act and the Postal Services Act) in order to ensure that workers’ organizations concerned may participate in defining a minimum service and that, where no agreement is possible, the matter is referred to a joint or independent body. The Committee notes with regret that the Government has not provided any information in this regard. The Committee firmly urges the Government to take all necessary measures to amend without any further delay the Strike Act, as well as the Passenger Transport Services Act and the Postal Services Act as per the Committee’s previous comments, and to provide information on all developments in this respect.