Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Hongrie (Ratification: 1956)

The Committee takes note of the information provided by the Government in its report regarding the impacts of the COVID-19 pandemic on employment rates of women and men. It acknowledges the dual impact on the Hungarian labour market, with temporary declines observed in both men's and women's employment rates during two waves of the pandemic. Despite these initial setbacks, the Government indicates that both genders have shown recovery, with men's employment reaching 78.8 per cent by 2023, and women's employment rising to 70.2 per cent.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee takes note of the Government’s indication that, although the Labor Code does not specifically identify the principle of equal remuneration for work of equal value between men and women, it does include rules on the relevant elements of this principle (section 12(3). Furthermore, it adds that the principle of equal pay for equal work in Hungarian regulation should be interpreted in the context of relevant international and European regulations, including Directive 2023/970/EU from the European Union, published on 17 May 2023, which strengthens the principle of equal pay for equal work or work of equal value between women and men through pay transparency and enforcement mechanisms. The Government also points out that relevant national labour legislation must be developed later with the involvement of social partners, within the framework of the Directive 2022/2041/EU of the European Parliament and of the Council on adequate minimum wages (which seeks to reduce working poverty and inequality by improving the adequacy of statutory minimum wages, promoting collective bargaining and improving the enforcement and monitoring of the minimum wage protection established in each Member State). It stresses that Member States are required to transpose the above-mentioned Directive by June 7, 2026. The Committee recalls that, while the Convention addresses specifically equality between men and women as regard remuneration, the Labour Code only refers to the principle of equal treatment in remuneration in general, without specifying the fundamental principle of the Convention, that is that men and women should receive equal remuneration for work of equal “value”. In that regard, it wishes to refer the Government to its general observation adopted in 2006 where it noted that countries that do not give full expression to the concept of work of equal “value", hinder progress in eradicating gender-based pay discrimination against women at work. Consequently, the Committee notes with regret that the definition of equal remuneration in section 12(3) of the Labour Code remains unchanged. Considering the above, the Committee asks the Government once again to amend the Labour Code to give full expression to the principle of equal pay for work of equal “value” between men and women, addressing both equal remuneration for equal or similar work but also situations in which men and women perform different work which is nevertheless of equal value.

Articles 1 and 2. Gender pay gap. The Government states that, according to Eurostat, the gap between men's and women's average earnings narrowed from 18.2 per cent in 2019 to 17.3 per cent in 2021. It also indicates that within the business sector, the highest proportions of women among all employees were recorded in retail trade (69.9 per cent), financial and insurance activities (62.4 per cent), and certain manufacturing sub-sectors such as the textile industry (77.8 per cent), computer manufacturing (56.3 per cent), and the pharmaceutical industry (53.4 per cent). Additionally, within the territorial public administration, 59 per cent of managerial positions (from heads of department to government commissioners) are held by women. However, at the highest level, that of the government commissioner, a position with political responsibility, there is a significant predominance of men. The Committee takes note of the changes made by the Government to the "Strengthening the Role of Women in the Family and Society" (2021-30) Action Plan, where the new main criteria include evidence-based identification of the challenges to gender equality, provisions for the monitoring, evaluation, and review of the policy framework, and data collection methods based on data broken down by sex. Additionally, the Action Plan includes measures and actions aimed at addressing the gender gaps in employment, pay, and pensions, and promoting work-life balance for women and men, including improving access to early childhood education and care, setting targets, and respecting the role and autonomy of social partners. It also outlines specific strategic objectives to strengthen the role of women in the family by facilitating the reconciliation of family life with work, and in society by promoting women's participation in areas where it is currently low, and ensuring equal economic, health, and social protection for women and men and their participation in the labour market. The Government further adds that the revised Action Plan identifies gender equality challenges such as the gender employment gap (10.7 per cent in 2021) and unpaid care work and challenges in work-life balance, and also provides a comprehensive framework for implementing family policy goals, and sets measurable outcomes to be achieved in the coming years such as wage increases in female-dominated sectors (e.g. social work or child welfare), as well as the development of nursery schools to improve childcare services and support mothers' return to the labour market. The Committee asks the Government: (i) to report on the status of implementation of the Action Plan - "Strengthening the Role of Women in the Family and Society" (2021–30) - as well as on the impact of the measures taken; and (ii) to continue providing updated statistical information on the distribution of men and women and their corresponding earnings in the various sectors and occupations, in the private and public sectors.

Article 2. Minimum wages. The Committee notes from the information provided by the Government that: (1) the minimum wage increased by 44.1 per cent between 2021–23; (2) within the domestic business sector, where women comprised 40 per cent of the total workforce in the first quarter of 2023, the average gross earnings increased by 25.1 per cent between 2021–22, and by 17.9 per cent between January–May 2023; (3) within the public education sector, the professional allowance increased from 20 per cent to 32 per cent from 1 January 2023; (4) healthcare professionals' wages increased by 72 per cent between July 2019 and January 2022, and approximately 81 thousand healthcare professionals and about 4 thousand district nurses received pay increases; and (5) in the social sector, wages for social work, child welfare, and child protection increased by 20 per cent as of 1 January 2022, with basic wages plus sectoral supplements in the social sector rising by an average of 11.8 per cent from 1 January 2023. The Committee again notes with interest the significant wage increases in recent years in sectors employing a large proportion of women, such as public education, healthcare, and social institutions, and asks the Government to continue providing information on minimum wages in the public and private sectors.

Collective agreements. The Government indicates that the social partners discussed the pay situation in the law enforcement sector at the collective bargaining level, including the implementation of the principle of equal pay during the reporting period. The Committee requests the Government to provide extracts from collective agreements that incorporate the principle of the Convention. It also encourages again the Government to redouble its efforts to collaborate with social partners, through promotional or training initiatives, to ensure that the principle of equal pay for equal work between men and women is integrated into collective agreements. Furthermore, the Committee asks the Government to ensure the application of the principle of the Convention where the State is the employer or otherwise controls business or where the rates of remuneration are subject to public control or statutory regulation and report on the steps taken or envisaged in this regard.

Article 3. Determination of work of equal value. Objective job evaluation. Private and public sectors. The Committee observes that according to Directive 2023/970/EU, which aims to strengthen the application of the principle of equal pay for equal work or work of equal value between women and men through pay transparency and enforcement mechanisms, member states must take adequate measures to ensure the availability of tools and methods for assessing and comparing the value of work based on the criteria set out in the Directive, including skills, efforts, responsibilities, and working conditions. In that regard, the Committee notes the lack of information communicated on the wage transparency tool that was being examined by the Standing Consultation Forum of the Competitive Sector. It also notes that section 12(3) of the Labour Act enumerates the following criteria for the purpose of evaluating the value of a job: the nature of the work performed, its quality and quantity, working conditions, the required vocational training, physical or intellectual efforts expended, experience, responsibilities and labour market conditions. In view of the above, the Committee asks the Government to provide information on the steps taken to implement EU Directive 2023/970/EU supposed to enter into force in 2026, including on the wage transparency tool that was being developed. The Committee also emphasizes the importance of ensuring that the selection of comparison factors, the weighting of these factors, and the actual comparisons made are not discriminatory, either directly or indirectly and asks the Government to clarify the meaning of the factor “labour market conditions”.

Article 4. Cooperation with the social partners. The Committee takes note of the Government's statement regarding discussions held in the Permanent Consultation Forum of Competitive Sector and Government (PCF) on the implementation status of the Commission Recommendation aimed at strengthening the principle of equal pay between men and women through transparency 2014/124/EU, where no consensus among the social partners on the application of the recommended information and consultation mechanisms has yet been reached. In light of the entry into force of the Directive 2023/970/EU, which strengthens the principle of equal pay for equal work or work of equal value between women and men through pay transparency and enforcement mechanisms on 7 June 2026, the Committee requests the Government to keep it informed of any initiatives undertaken in collaboration with the social partners to reach a consensus and advance the effective application of the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes that following the 2021 amendment to Act LXXV of 1996 on Labour Inspection, the responsibility for ensuring compliance with equal treatment provisions has been transferred from the labour inspectorate to the Office of the Commissioner for Fundamental Rights, an autonomous state body. The Government explains that the modification of the labour inspectorate's scope of power was due to its handling of very few cases before 2012, which could only be initiated upon request, resulting in a lack of professional skills and experience, whereas the independent body now responsible possesses the necessary expertise and specialized staff to manage such cases. It also notes that a case of direct negative discrimination, brought by the Office of the Commissioner for Fundamental Rights, was examined, and no violation of equal treatment was found. The Committee observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern that the Commissioner for Fundamental Rights has been downgraded to B status by the Global Alliance of National Human Rights Institutions in 2022, owing to its failure to effectively carry out its mandate in relation to disadvantaged groups such as ethnic minorities, lesbian, gay, bisexual, transgender, queer and intersex persons, human rights defenders, refugees and migrants, as well as in relation to media pluralism, civic space and judicial independence. It also recommended that the Government strengthen the Office of the Commissioner for Fundamental Rights by providing it with adequate human, technical and financial resources to discharge its mandate effectively, independently and in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles; General Assembly resolution 48/134) (CEDAW/C/HUN/CO/9, pages 19–20). In light of the above, the Committee requests the Government to consider the need to evaluate the impact of the 2021 amendment to determine whether it has achieved the expected outcomes (i.e. the number of complaints filed, the sanctions and remedies imposed, as well as any changes in the efficiency and effectiveness of enforcement measures) and to identify any obstacles encountered so that they can be addressed accordingly. As regard, the role of labour inspectors in enforcing the Convention, which covers the world of work, the Committee requests the Government to provide information on any measures taken or envisaged to raise awareness among the general public, employers’ and workers’ organizations about the relevant legislation, as well as efforts to strengthen the capacity of the relevant authorities.