Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1 of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments on the Labour Code 2012, in which it noted that the Labour Code, although providing for the principle of equal treatment (section 12), does not explicitly prohibit discrimination nor does it enumerate any prohibited grounds of discrimination or refer to the prohibited grounds enumerated in the Equal Treatment Act 2003. The Committee notes with regret the Government’s indication that there have been no legislative amendments made in this regard as it considers that the current laws provide sufficient guarantees against discrimination for all employees. Recalling that the implementation of the Convention presupposes a clear and comprehensive legislative framework, as well as measures to ensure that the right to equality and non-discrimination is effective in practice, the Committee asks the Government to take measures, in collaboration with workers’ and employers’ organizations, to amend the Labour Code to include provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, on at least all the grounds listed in Article 1(1)(a) of the Convention.

Enforcement. Labour inspection. The Committee recalls that, following a 2012 amendment to the Labour Inspection Act of 1996, the competence of the labour inspectorate no longer covers compliance with equal treatment provisions, which is now entirely a matter for the Equal Treatment Authority (ETA). The Committee notes the Government’s indication that the amendment was made because labour inspectors did not have a sufficient level of expertise to address cases of discrimination, but that they remain able to detect such cases and refer them to the competent authority. In this regard, the Committee recalls the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances. It also recalls that labour inspectors, who have regular access to workplaces and to workers and employers, have a crucial role to play in preventing, detecting and addressing discrimination and promoting equality in employment and occupation. The Committee observes that this role is different from, but complementary to the role played by the ETA. The Committee therefore requests the Government to implement adequate training programmes to allow labour inspectors to effectively prevent, detect and remedy cases of discrimination in employment and occupation. It further requests the Government to consider reviewing the labour inspectorate’s competences with a view to extending them to cover the legislation addressing equal treatment, and to provide information in this respect. It also requests the Government to provide information on: (i) the manner in which the labour inspectorate and the Equal Treatment Authority cooperate; and (ii) the number and nature of cases of discrimination in employment and occupation referred to the ETA by the labour inspectorate, as well as the grounds of discrimination invoked, and their outcome.

The Committee is raising other matters in a request addressed directly to the Government.