Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 183) sur la protection de la maternité, 2000 - Hongrie (Ratification: 2003)

The Committee notes the observations of the Democratic League of Independent Trade Unions (LIGA) communicated with the Government’s report.

Article 2 of the Convention. Scope of application. The Committee observes that, pursuant to section 2(3) of the Act XXXIII of 1992 on the Legal Status of Public Employees, the provisions of the Labour Code of 2012 apply to public servants, subject to the derogations set forth in the Act. The Committee further observes that these derogations do not affect the provisions of the Labour Code related to maternity protection.

Article 4(4). Compulsory postnatal leave. The Committee notes the Government’s indication that, following amendments to the Labour Code, mothers are required to take at least two weeks of the 24 consecutive weeks of maternity leave (section 127(1)). The Committee recalls that, as per Article 4(4) of the Convention, maternity leave shall include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers. The Committee therefore requests the Government to indicate whether a tripartite agreement has been reached at the national level regarding the two-week compulsory portion of maternity leave.

Article 5. Leave in case of illness or complication. The Committee notes that, pursuant to section 48(7) of Act LXXXIII of 1997 on the Benefits of Compulsory Health Care Insurance, sickness benefits amount to 60 per cent of the daily average gross earnings for injured persons who have completed at least two years of the qualifying period, and 50 per cent for those with less than two years of the qualifying period.

Article 8(2). Right to return to the same or an equivalent position after leave. The Committee notes from the Government’s report that, under section 60 of the Labour Code, if the working conditions of an employee’s original job cannot be adjusted, the employee must be offered a position suitable for her health. This applies if a medical opinion deems her unable to perform her original duties from the time her pregnancy is confirmed until her child turns one year old. The Committee recalls that, as per Article 8(2) of the Convention, a woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave. The Committee therefore requests the Government to provide information on how it is ensured that women reassigned to a different post for health reasons are guaranteed the right to return to the same position or an equivalent position at the end of maternity leave.

Application in practice. The Committee notes the Government’s indication that, based on inspections related to women’s employment, employers have complied with the relevant provisions in all cases and no infringements have been detected. The Committee further notes the LIGA’s indications that the level of labour and workplace safety inspections, as well as the funding of the relevant bodies, remain insufficient. With regard to the effective functioning of the labour inspection services, the Committee refers to its detailed comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to continue to provide information on the number and nature of infringements related to maternity protection detected by or reported to the law enforcement bodies, including any relevant court decisions or legal disputes, as well as on the sanctions imposed on employers in this regard and the remedies provided to victims.