Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(1)(a) of the Convention. Sex discrimination. The Committee notes the Government’s indication that mandatory pregnancy testing is required under Decree No. 33 of 1998 if work is performed under the conditions listed in Annex 8 of the Decree which present a risk for health or require the manipulation of heavy workloads. Recalling that requiring pregnancy testing as a condition of employment results in discrimination based on sex, the Committee asks the Government to specify the conditions listed in Annex 8 of Decree No. 33 of 1998 and indicate the occupations concerned.

Sexual harassment. The Committee notes the information provided by the Government regarding the possibility to reach a settlement in sexual harassment cases through the intervention of the equal treatment authority (EBH). The Committee also refers to its previous comments regarding the low number of sexual harassment cases submitted to the EBH and recalls that it may be due to difficulties encountered in practice by women in accessing the remedies provided by the EBH and to the difficulties faced by the authority in investigating the complaints. The Committee also recalls that the Equal Treatment Act is the only act dealing with sexual harassment and that the Labour Code does not address this discriminatory practice. In order to address effectively sexual harassment in employment and occupation, the Committee asks the Government to examine the possibility of introducing in the Labour Code provisions defining and prohibiting sexual harassment, and provisions providing for sanctions and remedies and protecting against victimization, and to provide information on any measures taken in this respect. Moreover, the Committee asks the Government to take measures to prevent sexual harassment in the workplace, including measures to raise awareness of workers, employers and their organizations of their rights and the EBH’s role with respect to addressing sexual harassment. Please also provide information on the number of cases of sexual harassment dealt with by the Authority and the courts.

Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government regarding the implementation of the Action Plan of the National Strategy for the Promotion of Gender Equality. According to the report, measures taken so far mainly aim at reconciling work and family responsibilities and relate to family policy (including childcare allowances and family benefits), the development of family friendly workplaces by granting support to enterprises, and exemptions from social contributions for hiring women with small children in part-time jobs. The Government also indicates that childcare services are being modernized and their capacity increased. The Committee however notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the low participation of women in the labour market and the persistence of stereotyped division of gender roles in family and society as well as the support of such roles throughout the state party’s policies and priorities, including due to the focus on population growth (CEDAW/C/HUN/CO/7-8, 1 March 2013, paragraphs 18 and 28). While noting the measures taken to promote reconciliation between work and family responsibilities, the Committee asks the Government to provide information on any other measures taken to promote equal opportunity and treatment of men and women, such as measures to overcome gender stereotypes on the aspirations, preferences and capacities of women and the roles and responsibilities of men and women in the family and society. The Committee also asks the Government to provide specific information on any measures taken to address occupational gender segregation, including measures aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. In this respect, the Government is asked to continue to provide information on the implementation of the National Strategy for the Promotion of Gender Equality, the difficulties encountered, if any, and the results achieved.

Equality of opportunity and treatment of the Roma. The Committee recalls that, with respect to access to quality education, it underlined in its previous comments the segregation of Roma pupils at school and their over-representation in special schools and that the situation of the Roma has worsened in recent years, and that deeply rooted negative viewpoints and stereotypes continue to hinder access of the Roma to employment. The Committee notes the detailed information concerning the programmes under the Framework Agreement between the Government and the national Roma self-government (ORÖ) aimed at integrating 100,000 unemployed Roma into employment and providing vocational and adult training to 50,000 Roma holders of vocational training school or lower certificates, as well as information on training programmes provided to people with a low level of education or outdated skills, in particular the Roma, and the employment policy measures that benefited the Roma. The Committee asks the Government to take tangible measures specifically designed to address the segregation of Roma children into special schools, and to combat prejudices and stereotypes against the Roma and to promote tolerance, and to provide information on the measures taken in this respect. The Committee asks the Government to continue to take measures to address unemployment and the low level of qualifications of the Roma, and to provide information on the results achieved in realizing the objectives of the Framework Agreement in cooperation with the ORÖ and other employment and training programmes. Please also provide information on the role and activities of the EBH and the Commissioner of Fundamental Rights who is responsible for minority rights with respect to Roma inclusion.

With respect to public work, the Committee notes that the ORÖ launched a nationwide public work programme designed to develop a support network to promote the involvement of as many Roma citizens as possible. According to the report, the Roma coordination and job centre estimates show that the number of Roma actively involved in public work reached 54,769 individuals in 2012. Noting this information and referring to its previous comments, the Committee requests the Government to clarify whether the employment of the Roma in public work is linked to the maintenance of their social benefits, and to provide information on the kind of jobs and working conditions in such programmes, including the level of remuneration. Please continue to provide information on the number of Roma involved in such public work programmes.

Article 2. Equal opportunity plans. In its previous comments, the Committee noted that only 31 per cent of businesses in the private sector had complied with their legal obligation to adopt an equal opportunity plan and that workers’ awareness with respect to such plans in their workplace is limited. The Committee notes the Government’s indication that a new study on the “impact analysis of the equal opportunity plan” was completed in 2013 by the EBH. The Committee understands from the findings of the study reported by the Government that the existence of an equal opportunity plan may help finding a solution to actual discrimination issues with the employer but does not prevent discriminatory practices from occurring at the workplace. The Committee reiterates its request for information on the steps taken so as to improve compliance with the legal obligation to develop equal opportunity plans in the private sector, including any sanctions imposed by the EBH pursuant to section 16(5) of the Equal Treatment Act. The Committee encourages the Government to take measures to sensitize employers and workers to the need for and benefits of implementing equal opportunity plans and to encourage their participation in creating a gender-sensitive workplace. Please provide information on the content and number of equal opportunity plans both in the private and the public sectors.

Article 3(a). Cooperation with the social partners. The Committee once again asks the Government to provide information on any measures taken to further develop and strengthen the involvement of workers’ and employers’ organizations in the activities of the EBH. Please also provide information on the implementation of the “Road to work” programme and the public works plan elaborated, as well as on the impact on the employment of workers with altered working abilities.

Article 5. Special measures. The Committee recalls that section 113(2) of the Labour Code provides for limitations regarding the working time of an employee, from the time her “pregnancy is diagnosed until her child reaches three years of age”, such as the prohibition to be affected to an irregular working schedule, and to perform overtime, stand-by duties or night work. While the Committee understands that the main motivation behind such limitations appears to be the protection of health and safety of women as well as the reconciliation of work and family responsibilities of women, it considers that measures that aim at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, such as gender based working time limitations, are contrary to the Convention and constitute obstacles to the recruitment and the employment of women. The Committee asks the Government to take the necessary steps to review the provisions of section 113(2) in the light of the principle of equal treatment between men and women with a view to restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women, and to provide information on any measures taken in this respect. The Committee also asks the Government to consider revising section 113(2) to allow both men and women with children under the age of 3 on an equal footing to perform such work only with their express consent. With respect to the special measures for the employment of persons with disabilities, the Committee once again requests the Government to provide information on the implementation and enforcement of the “5 per cent target” obligation under section 23 of the Reduced Ability Act of 2011, including sanctions applied in case of non-compliance.

Enforcement. The Committee welcomes the information on the implementation of the research programme and the training and sensitization activities carried out by the EBH under the TÀMOP 5.5.5 project entitled “Combating discrimination, shaping societal attitudes and strengthening the work of the Authority”, and the launching of a large scale campaign in February 2013 to promote equal treatment. It also welcomes the opening of 20 county level client service offices as part of a priority project conducted by the ETA. The Committee recalls that for a number of years it has drawn the Government’s attention on the limited competencies of the labour inspectorate which could only act upon the lodging of a complaint and was not competent to address violations of the equal treatment legislation on a routine basis. The Committee notes from the Government’s report that following an amendment to the Labour Inspection Act of 1996, which entered into force in 2012, the competence of the Labour Inspectorate no longer covers compliance with equal treatment provisions which is now entirely under the responsibility of the EBH. The Committee however considers 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 equal treatment in employment and occupation which is of a different nature than that of the EBH, and complementary thereto. The Committee asks the Government to ensure the EBH is allocated sufficient means and its capacity adequately strengthened to address effectively discrimination in the field of employment and occupation, and to provide adequate access to the complaints mechanism, assistance and protection of workers who are victims of discrimination. The Government is requested to continue to provide information on the preventive and enforcement activities of the EBH with respect to discrimination in employment and occupation, including the number of cases dealt with and their outcome. Please also continue to provide information on any cases of discrimination in employment and occupation dealt with by the courts, including sanctions imposed and remedies provided.