Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2025, which reiterate the comments made at the discussion held in the Committee on the Application of Standards of the International Labour Conference (the Conference Committee) in June 2025. It further notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025, relating to matters addressed below.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion that took place in the Conference Committee in June 2025 concerning the application of the Convention. The Committee notes that the Conference Committee noted with concern the restrictions in law and practice regarding the rights of workers’ and employers’ organizations to organize their administration and activities, as well as to further and defend the interests of their members in line with the Convention.

The Committee observes that the Conference Committee urged the Government to:

• in consultation with the social partners, take measures to guarantee that sections 8 and 9 of the Labour Code do not impede or impair the fundamental rights provided by the Convention, including the rights of workers’ organizations to defend the occupational interests of their members;
• engage in consultations with representative workers’ and employers’ organizations to assess the need to simplify the registration requirements in law and practice, as well as those relating to their headquarters; and
• in consultation with the social partners, address the obstacles to the registration in practice and provide data on the number of registered organizations and the number of organizations denied or delayed registration, including details on the grounds for refusal of registration for the period 2021–25, to respond to the allegations and provide information on the type of inquiries conducted by prosecutors; and on the outcome of the discussions on union membership fees within the Permanent Consultative Forum of the Competitive Sector.

The Conference Committee requested the Government to report any progress to the Committee of Experts on the measures taken to implement the above recommendations by 1 September 2025.

Freedom of expression. In its previous comments, the Committee noted with concern that sections 8 and 9 of the Labour Code 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 the Government’s indication that according to article IX of the Fundamental Law, everyone has the right to freedom of expression. The Government explains that this right is not unlimited and can be restricted if it conflicts with other fundamental rights. A worker’s freedom of expression may be restricted taking into account specific characteristics of the employment relationship. The Government further explains that according to the Constitutional Court, the constitutionality of any such restriction must be assessed and determined on a case-by-case basis. The Committee notes the detailed information provided by the Government on the number of court cases regarding workers’ right to freedom of expression involving application of sections 8 and 9 of the Labour Code in the last five years. The Committee notes the Government’s indication that one of the principles established by the courts is that termination of employment due to the exercise of the right to strike violates the worker’s right to strike and is unlawful. The Committee welcomes the Government indication that on 2 December 2025, the Permanent Consultation Forum of the Private Sector and the Government (VKF) discussed sections 8 and 9 of the Labour Code. The Government informs that the tripartite partners concluded that sections 8 and 9 of the Labour Code needed to be reviewed and agreed to continue discussions. Workers’ representatives promised to submit a specific drafting proposal. The Committee notes this information with interest. It expects the Government to provide information on all further steps taken and progress achieved to address this Committee’s previous comments and the Conference Committee’s conclusions on this matter.

Article 2 of the Convention. Registration of trade unions. The Committee previously urged 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 requested 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. The Committee notes the observations of the ITUC reiterating the excessive requirements and practical obstacles to trade union registration. The Committee notes the detailed description of the registration procedure provided by the Government. It further notes that the following statistics concerning registration of trade unions for the period between 1 June 2021 and 31 May 2025: out of 19 trade unions that applied for registration, 18 were registered, one withdrew its application; no application was rejected. The Government further informs that at the VKF meeting on 2 December 2025, the social partners agreed that it was not the registration procedure but the 60-day deadline for modification of registration procedures which caused problems in day-to-day operations (e.g., delays in registering new representatives). Both sides agreed to support a shortening of the deadline for trade unions and employers’ organizations. In this regard, the Government confirmed that from a constitutional point of view, there are no obstacles to applying different procedural deadlines to trade unions and employers’ associations as opposed to other organizations. The Government further indicates that the workers’ side proposed to review the reporting system with regard to the registration of union’s headquarters. The Committee welcomes this information The Committee recalls that while formalities requiring the official recognition of an organization are not in themselves incompatible with the Convention, they must not constitute an obstacle so as to undermine the freedom of association, to the exercise of legitimate trade union activities, or provide discretionary power to authorities (2012 General Survey on the fundamental Conventions, paras 83–84). The Committee requests the Government to provide information on the ongoing consultations with representative workers’ and employers’ organizations on the issue of registration. It expects that concrete steps will be taken to address this Committee’s comments and the conclusions of the Conference Committee on this matter.

Article 3. Rights of workers’ organizations to organize their administration. The Committee recalls the ITUC comments concerning the restriction of trade union activity by the power of national prosecutors, for instance by reviewing general ad hoc decisions of unions, conducting inspections directly or through state bodies, and enjoying free and unlimited access to trade union offices. The Committee notes that the ITUC reiterates its allegations. The Committee notes the Government’s indication that the amendment of the Civil Code in 2013 resulted in the termination of prosecutors’ supervisory powers over the operation of trade unions. Pursuant to the same amendment, the registry court now exercises legal supervision of legal entities. The power of prosecutors is now limited to the right to initiate civil non-contentious proceedings (to confirm the cessation of operations), or to propose the conduct of a supervision procedure before the court; prosecutors cannot take any binding measures against trade unions and can only request information from an organization in connection with errors in the data entered in the official registry. According to the Government, between 1 September 2020 and 31 August 2025, the prosecutor’s office did not conduct any prosecutorial oversight of the activities of trade unions, did not carry out any investigations in this regard, and therefore did not take any measures. The Government informs that on 2 December 2025, both employers and workers within the VKF unanimously stated that, as a result of the legislative amendment and the termination of the prosecutor’s power of review, the previously identified problems had been resolved. Thus, they did not wish to propose any amendments to the current regulatory framework. The Committee takes due note of this information.

Deduction of union membership fees. In its previous comment, the Committee noted that section 1 of Act XXIX of 1991 on the Voluntary Nature of Membership Fees in Workers’ Representative Organizations, as amended, obliged employers, except as 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, but that section 12/A of Act XXXIII of 1992 on the Legal Status of Public Employees prohibited employers from deducting or transferring such dues from the wages of public sector employees. The Committee notes that the Government confirms that employers in the public sector cannot deduct trade union membership fees from wages and transfer them to the trade union; instead, trade union members are required to pay their membership fees directly. The Government considers that direct payment requires members to decide on membership and fee payment. It further explains that the objective was to reduce the administrative costs of public sector employers, as in today’s digital age, direct transfers are not particularly complicated for workers. The Committee notes that workers and employers within the VKF agreed that the fundamental problem was not the abolition of the direct employer membership fee deductions, but rather the lack of clear methods set out by law of providing membership certification to employers and proposed to develop a uniform methodology in this respect. The Committee requests the Government to provide information on all developments in this regard.

Right of workers’ organizations to organize their activities. The Committee notes with deep regret that the Government provides no information regarding measures taken to amend the Strike Act, the Passenger Transport Services Act and the Public Services Act in order to ensure that the relevant workers’ organizations may participate in fixing a definition of minimum service and that, where no agreement is possible, to refer the matter to a joint or independent body. The Committee notes that the Government merely indicates that the legal system provides adequate guarantees for the exercise of the right to freedom of association and the right to organize. The Committee once again firmly urges the Government to take all necessary measures to amend without further delay the above-mentioned pieces of legislation as per the Committee’s previous comments, and to provide information on all developments in this respect.