Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation on the issue of sexual harassment, the Committee notes that sexual harassment is defined and prohibited under the Equal Treatment Act (sections 8 and 10(1)). The Committee requests the Government to continue to provide information on any measures taken to prevent and address sexual harassment at work.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that in 2004, the number of unemployed men decreased by 1.2 per cent, while that of women increased by 9.5 per cent. The employment rate was 63.1 per cent for men and as low as 50.7 per cent for women. The Government considers that equal employment opportunities for women could be improved through harmonizing their work and family responsibilities. In this regard, the Committee notes that the Government has introduced a number of measures to assist parents of small children to remain connected with the labour market during periods of caring for a child or family member and to return to the labour market subsequently, including training for the men and women concerned and financial incentives for employers. The Committee also notes that horizontal and vertical occupational segregation by gender is being addressed through projects under the European EQUAL initiative. The Government is asked to continue to provide information on the labour market situation of men and women and the measures taken to promote gender equality in employment and occupation, including the measures mentioned above and their impact on the enjoyment of equal employment opportunities of men and women.

3. Equality of opportunity and treatment of the Roma. The Committee notes with interest that the Government of Hungary has agreed to establish the Secretariat of the Decade of Roma Integration 2005-15 declared by the Prime Minister’s of eight Eastern and Central European countries. The Secretariat coordinates the Programme of the Decade which involves coordination and joint development of national strategies and the elaboration and monitoring of action plans. Recalling its previous comments on the situation of the Roma, the Committee notes the detailed information provided by the Government on measures taken to promote employment and social integration of the Roma, such as training schemes, public works programmes, and projects to promote respect and tolerance among the different groups of the population. The Committee welcomes these efforts to assist the Roma employed in public works programmes to enter regular employment. The Committee requests the Government to continue to provide similar information in its next report, as well as information on the impact of the measures taken on the employment situation of the Roma.

4. National machinery to promote equality. Recalling that the Equal Treatment Act provides for the establishment of an administrative body to supervise the Act’s implementation, the Committee notes that the Equal Treatment Authority started its work in early 2005 and that the Authority’s rules of procedures are laid down in Government Decree No. 362/2004 of 22 December 2004. The Authority may, inter alia, examine individual complaints, conduct ex officio investigations, and initiate public interest lawsuits. Noting that the Equal Treatment Act offers complainants a choice of initiating procedures concerning workplace discrimination with the Authority or the labour inspectorate, the Committee welcomes that close cooperation between these two bodies is being envisaged. It appreciates the detailed analysis provided by the Government of the petitions filed so far with the Authority and notes that most of the petitions related to employment matters, and most frequently to dismissals of women over 50 years of age and women planning to have children, as well as discrimination against the Roma. The Committee requests the Government to continue providing information on the activities carried out by the Authority in fulfilment of its mandate, including information on any investigations conducted or individual cases examined.

5. Article 3(b). Educational programmes. Recalling its previous comment regarding the need to design and implement measures to promote awareness of the principle of equality of opportunity and treatment in the workplace, the Committee notes the Government’s reply stating that all relevant laws and regulations were published in the Official Gazette. The Committee recalls that awareness-raising is an important strategy to secure the acceptance and observance of national laws and policies to promote equality of opportunity in employment and occupation. The Committee, therefore, requests the Government to provide information on the measures taken to raise awareness of equality issues among workers and employers, in cooperation with their organizations, including with a view to promote the adoption of equality plans under section 70A of the Labour Code.

6. Article 3(e). Vocational training. Noting from the Government’s report that no information is yet available on practical application of Act XXIX of 2003 introducing a prohibition of discrimination in the context of vocational training, the Committee requests the Government to provide the information requested as soon as it becomes available.

7. Parts III and IV of the report form. Administrative and judicial decisions. The Committee notes with interest that the creation and operation of the Roma Anti-Discrimination Customer Service Network, which provides legal services to the Roma in discrimination cases, has led to a considerable increase in the number of employment disputes resolved either through mediation or administrative or judicial proceedings. The Committee also thanks the Government for providing summaries of recent cases involving equality issues dealt with by the labour inspectorate and the courts. It particularly notes the 2003 decision of the Supreme Court involving issues of burden of proof under section 5(2) of the Labour Code. The Committee requests the Government to continue to provide such information in the future.