Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Hungary (Ratification: 1961)

Further to its observation, the Committee requests information on the following points:

1. The Committee refers to section 5(4) of the new Labour Code (Act XXII of 1992) which provides for regulations to stipulate that, where identical conditions exist, preference should be given to a specified circle of employees. It would be grateful if the Government would provide information on the elaboration of such regulations and the criteria used to determine whom should be designated to receive the preference, its purpose, and the measures taken to ensure that the preference does not constitute discrimination under the terms of the Convention. In this regard, the Committee draws the Government's attention to Article 5(2) of the Convention which provides that representative employers' and workers' organizations should be consulted on any special measures of assistance designed to meet the particular requirements of persons who are generally recognized to require special protection or assistance.

2. With reference to section 75 of the new Labour Code, which prohibits women from work that may produce detrimental consequences for their physical constitution or development, the Committee requests the Government to indicate the types of employment, including all occupations and professions, in which women have been prohibited to work, as designated by rule of law pursuant to this section, and the grounds upon which such designation has been made.

3. The Committee notes from the Government's report that the Ministry of Labour, with the consent of the Labour Market Committee, has been making efforts to promote employment and training for disadvantaged workers pursuant to section 2 of the Employment Promotion and Provision for Unemployed Act and that organizations promoting the training or employment of gypsies have equal opportunity to join these initiatives. The Committee would be grateful if the Government would provide information on the programmes being carried out under this section, including the groups of people who are benefiting from the programmes, and any government action being taken to include minority groups, such as gypsies, as beneficiaries of such employment and training programmes in order to promote equality of opportunity and treatment in respect of all the grounds set out in the Convention.

4. With reference to article 70/A of the Constitution which provides for the Republic of Hungary to promote "the realization of lawfulness by regulations prohibiting unequal opportunity", the Committee again requests the Government to provide information on the adoption of any such regulations and to furnish copies of the texts.

5. The Committee requests the Government to provide information on the measures taken to ensure that occupational qualifications are not subject to conditions which may constitute discrimination on the basis of political opinion, in accordance with the provisions of the Convention. In this regard the Committee again asks the Government to indicate whether section 4 of Decree No. 10/1983 on extension training for manual workers, section 2 of Decree No. 11/1983 on extension training for skilled workers and sections 2 and 3 of Decree No. 12/1983 providing for political instruction courses have been repealed and, if so, whether they have been replaced by new provisions.

6. The Committee reiterates its request for more detailed information on programmes to promote equality of opportunity and treatment for gypsies in terms of access to training, access to employment and particular occupations, terms and conditions of employment and employment security.

7. The Committee once again requests the Government to provide detailed information on the programmes and policies now pursued to promote effective equality of opportunity and treatment between men and women in terms of access to training and retraining, access to employment and particular occupations, terms and conditions of employment and employment security.

8. In previous comments the Committee noted that the statistical data provided was not broken down according to sex, ethnic group or job category. Noting that no labour statistics were supplied again this year with the Government's report, the Committee requests the Government to supply with its next report detailed statistics on the employment situation, including statistics on women and ethnic minorities.