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

Paid Educational Leave Convention, 1974 (No. 140) - Hungary (Ratification: 1975)

Other comments on C140

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Articles 1 to 5 of the Convention. Policy to promote the granting of paid educational leave. Application of the Convention in practice. The Committee refers to its previous comments and recalls that it had requested the Government to provide information regarding the calculation of absentee pay. The Government was also requested to supply information on the extent to which educational leave is dependent on an agreement with the employer. The Government indicates that provisions on training contained in the Labour Code can be divided into three groups: training by agreement of the parties; study contracts; and training of the employee’s own choice. It adds that paid educational leave, as provided for in Article 1 of the Convention, is guaranteed by the provisions of the Labour Code, including those on absentee pay for workers on education and training leave. The Government further indicates that workers are exempted from their work duties for the duration of classes or training, which is considered as time spent at work. The Committee notes that, following amendments that took effect in January 2023, section 46(1)(j) of the Labour Code provides that the employer shall inform the employee in writing within seven days at the latest from the date of commencement of the employment relationship about the employer’s training policy and the duration of time available for employees for attending training courses. Referring to this provision of the Labour Code, the Government indicates that continuing education and training is promoted and encouraged to help workers adapt to changing labour market requirements. The Committee recalls that the financial entitlements of workers during paid educational leave should maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, and should take account of any major additional costs of education and training (Paragraph 20 of the Paid Educational Leave Recommendation, 1974 (No. 148)). The Committee therefore once again requests the Government to provide information on the calculation of absentee pay, including whether absentee pay includes wages and other benefits. It also refers to its comments on the application of the Human Resources Development Convention, 1975 (No. 142), and requests the Government to provide information on the manner in which the policy to grant paid educational leave is coordinated with education and training policies more broadly. The Committee also requests the Government to provide updated information on the application of the Convention in practice by including, for instance, extracts from reports, studies, inquiries, and statistics on the numbers of workers granted paid educational leave (Part V of the report form).
Articles 2(c) and 6. Paid educational leave for trade union education. The Committee previously noted that the Labour Code does not contain specific provisions providing for paid educational leave for purposes of trade union education. It also noted the Government’s indication that the role of collective agreements had acquired greater importance, given the emphasis placed on collective agreements by the Labour Code. The Government indicates that the Labour Relations Information System (LRIS) has 437 collective agreements in force that contain provisions on education and training support. Of these, 347 collective agreements have provisions on study contracts. Study contracts are unique and refer to training agreed by the parties to the collective agreement, which may differ from the more general training provisions of the Labour Code. Moreover, in 200 collective agreements, the duration of the exemption from work is also covered. The Government indicates that the LRIS does not contain additional information on the textual content of the collective agreements. The Committee requests the Government to provide information on consultations held with employers' and workers' organizations, and institutions or bodies providing education and training with respect to the formulation and application of a national policy for the promotion of paid educational leave which also includes, more specifically, trade union education as per Articles 2(c) and 6 of the Convention. It also requests the Government to continue to provide information on collective agreements that include provisions on paid educational leave.
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