Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee refers to its previous comments on the mandatory pregnancy testing prescribed under Decree No. 33/1988 where work is to be performed in conditions set out in Annex 8 of the Decree. The Committee notes the Government’s indication that Annex 8 refers to jobs involving exposure to chemicals that are deemed to present particular risks to women of fertile age. The Government specifies that the overall objective of the provision is to protect women against the risks associated with the matters set out in Annex 8 in the event of pregnancy, with a view to protecting the early stages of gestation and protecting the foetus. The Government further indicates that, under the Labour Code and the Equal Treatment Act, employers are prohibited from asking potential employees for any information unrelated to “essential working conditions” and falling within the “personal sphere” of the individual, which includes pregnancy and any intention to become pregnant, as was recently reaffirmed by the Constitutional Court in Decision No. 17/2014. Recalling that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking into account gender differences with regard to specific risks to their health, the Committee asks the Government to provide information on the practical application of Decree No. 33 of 1988, Annex 8, including any judicial decisions or cases examined by the Equal Treatment Authority relating to equality and non-discrimination between men and women in employment and occupation, and their outcomes.

Sexual harassment. The Committee notes the Government’s indication that only a limited number of complaints concerning sexual harassment at work have been brought before the Equal Treatment Authority (ETA) since its establishment in 2004. It also notes from the Government’s report that, in the event of a complaint relating to sexual harassment being filed with the ETA, the Authority does not proceed against the person directly responsible for the alleged act, but rather against their organization or company for having failed to ensure proper protection and assistance to address the case. Noting that in 2015 the ETA undertook a study on “preventing sexual harassment at the workplace and the ways of asserting rights”, the Committee asks the Government to provide the findings of this study and identify any follow-up action taken or envisaged to prevent and address harassment in the workplace, including with regard to the “ways of asserting rights”. In this respect, the Committee also asks the Government to consider undertaking an assessment of the effectiveness of the complaint procedures currently available, particularly in the light of the very limited number of complaints filed to date with the ETA. The Committee also once again asks the Government to consider introducing in the Labour Code provisions defining and prohibiting sexual harassment, laying down sanctions and remedies, and determining a specific role for labour inspectors, and to provide information on any steps taken in this respect.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government on the amendments to the Labour Code made in 2014, 2015 and 2017. The Committee also notes that section 65(6) of the Labour Code, which prohibits termination during a leave of absence taken without pay to care for a child, has been repealed and replaced by a new provision aimed at ensuring equal treatment between men and women regarding termination of employment. It further notes the adoption of Government Regulation No. 351/2014 (XII.29) on additional time off for fathers in the public sector due to the birth of a child. The Committee also notes the amendments made in 2016 to the provision of the Labour Code on unlawful termination during an employee’s pregnancy, which now also applies in the event that the employee informs the employer of her pregnancy after receiving notice of termination. With regard to measures aimed at promoting equality of opportunity and treatment between men and women in practice, the Government indicates that no further action plan has been adopted under the National Strategy for the Promotion of Gender Equality since 2011. The Committee notes from the report of the mission to Hungary of the United Nations Working Group on the Issue of Discrimination against Women in Law and in Practice, that women display lower rates of participation in the labour force than men due to, among others, the disproportionate allocation of unpaid caring responsibilities to women; insufficient childcare facilities; difficulties encountered in finding part-time or flexible work; difficulties involved in returning to the labour market after extended leave; and the early exit of older women from the labour market. (A/HRC/35/29/Add.1, 2017, 21 April 2017, paragraph 36). The same report also emphasises that the employment rate of women with children below the age of 12 years is more than 27.4 percentage points lower than for women without children, and that the participation gap in the labour market between mothers and women without children is the second largest in the European Union (paragraph 57). Noting the discontinuation of action plans under the National Strategy for the Promotion of Gender Equality, the Committee asks the Government to indicate the reasons for this, and to supply information on any assessment undertaken after the last action plan and any lessons learnt. The Committee also asks the Government to provide information on the application in practice of revised section 65(6) of the Labour Code and Government Regulation No. 351/2014, particularly regarding their impact on the equal sharing of family responsibilities between men and women and the reconciliation of work and family obligations, and to supply a copy of the new texts. The Committee reiterates its request for the Government to provide specific information on: (i) any measures taken to overcome gender stereotypes relating to the aspirations, preferences and capacities of women and the roles and responsibilities of men and women in family and society; and (ii) any specific steps taken to address occupational gender segregation, including steps aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100).

Equality of opportunity and treatment of the Roma. With reference to its previous comments regarding measures to address the segregation of Roma children and their placement in “special schools”, the Committee notes from the fourth opinion on Hungary of the Advisory Committee of the Framework Convention on the Protection of National Minorities (ACFC) that the proportion of Roma children attending segregated schools has risen in recent years (ACFC/OP/IV(2016)003, paragraph 55). The Committee notes from the report of the European Commission Against Racism and Intolerance that, according to certain estimates, up to 90 per cent of children in “special schools” are Roma children (CRI(2015)19, paragraph 110). The ACFC also noted that, following an amendment introduced by the Minister for Human Resources to the Public Education Act of 2011, faith-based schools are now exempt from the requirements of the Equal Treatment Act, with the result that “benevolent segregation” has de facto been reintroduced into the education system (ACFC/OP/IV(2016)003, paragraphs 39–40). The Committee notes the Government’s indication that the testing system used to evaluate children’s learning abilities and their placement in “special schools” (WISC-IV) is being revised with a view to addressing the problem of unjustified placements. The Committee further notes that a new National Basic Curriculum has been developed, the implementation of which commenced in 2013, with the ultimate objective of strengthening the quality of the system of public education for all. The Government also indicates that an early warning and pedagogical support system will be introduced to prevent school drop-outs, including special measures targeting Roma girls. Regarding access to vocational training and employment, the Committee notes from the Government’s report that the Action Plan 2015–17 under the revised National Strategy for Social Convergence, which was adopted by Government Decision No. 1672/2015 (IX.22), includes a set of actions in the areas of education, training and employment, with special focus on vulnerable groups, including the Roma. The Committee notes that, in this respect, the Government refers to training and support services to improve the labour market opportunities of highly disadvantaged groups, incentives to companies to recruit and provide training for low-skilled workers under the Employment Protection Action Plan, targeting people between 25 and 55 years of age, and opportunities for employment in the public sector accompanied by training. The Committee notes that participation in the public works programme does not affect eligibility for social benefits, the payment of which is suspended during the period of the programme. The Committee further notes that the number of complaints received by the ETA from Roma people alleging discrimination on the grounds of ethnic origin or race has decreased over the last five years. In the ACFC’s view, this is possibly due to the lack of trust in the system, since violations are established by the ETA in fewer than 10 per cent of cases (ACFC/OP/IV(2016)003, paragraph 32). Recalling that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market, the Committee asks the Government to provide information on the impact of the revised testing system WISC-IV in addressing the school segregation of Roma pupils and to identify any other specific measures adopted to this end and their impact. In this connection, the Committee also asks the Government to assess whether the amendment introduced by the Minister for Human Resources to the Public Education Act of 2011 may threaten progress in this area and to provide information in this respect. The Committee further asks the Government to provide information on the practical application of the measures and programmes envisaged under the revised National Strategy for Social Convergence with respect to access to education, employment and occupation of the Roma, and on their impact on promoting equality of opportunity and treatment for Roma people, including information on any measures aimed at combating negative stereotypes and prejudice against them. Please provide information on the jobs and training offered under the public works programme and the number of Roma men and women participants. The Committee further asks the Government to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are prevented and addressed, including by reviewing the accessibility and effectiveness of the complaint mechanisms before the ETA, and to provide information on any cases dealt with by the ETA and the courts, and their outcomes.

Article 2. Equal opportunity plans. The Committee refers to its previous comments on compliance by the private sector with the legal obligation to adopt equal opportunity plans. It notes the Government’s indication that the ETA reviews compliance with this obligation only upon request and it keeps no records of completed equal opportunity plans, nor does it have information on their contents or number. The Committee asks the Government to take proactive steps to improve the levels of compliance with the obligation to develop equal opportunity plans in the private sector, and to provide information on the steps taken to this end. It also once again asks the Government to take steps to raise awareness among employers and workers of the need for, and benefits of, implementing equal opportunity plans.

Article 3(a). Cooperation with the social partners. The Committee asks the Government to provide information on any measures adopted to promote cooperation with employers’ and workers’ organizations with a view to fostering the application of the principles of the Convention, including information on their involvement in the activities of the ETA.

Article 5. Special measures. The Committee refers to its previous comments on section 113(2) of the Labour Code providing for limitations regarding the working time of an employee, from the time her “pregnancy is diagnosed until her child reaches three years of age”, while prohibiting overtime and night shifts. It notes the Government’s indication that it will bring the matters raised by the Committee to the attention of the Permanent Consultation Forum (PCF), a tripartite consultative review and proposal-making forum on economic and labour issues. The Committee understands that a revision of the Labour Code is ongoing which would maintain such restrictions from the commencement of pregnancy up to the child’s birth, with the exception of the case of employees who are single parents, to whom such provisions would apply until the child reaches three years of age. The Committee asks the Government to provide information on any progress made in reviewing section 113(2) of the Labour Code with a view to limiting the prohibitions to those necessary to protect maternity, so as not to establish obstacles to the recruitment and employment of women, and allowing both men and women with children under the age of three to carry out such work on an equal footing.

Concerning special measures for the employment of persons with disabilities, the Committee notes from the Government’s report that many employers opt to pay rehabilitation contributions instead of fulfilling the “5 per cent target” for the employment of persons with disabilities, pursuant to the Reduced Ability Act of 2011. Based on the amount of the sanctions paid, the Government estimates that there are approximately 68,000 positions that should have been filled by persons with disabilities. The Committee asks the Government to take steps to strengthen enforcement of the “5 per cent target”, including by considering an increase in the sanctions imposed in cases of non-compliance, and to provide information in this respect. The Committee also asks the Government to provide information on any specific measures aimed at promoting equality of opportunity and treatment in employment and occupation for persons with disabilities adopted under the National Strategy for Social Convergence and their impact, including information on the participation of persons with disabilities in the public sector in training programmes and the number of participants who have subsequently accessed employment.

Enforcement. The Committee notes the information provided by the Government on judicial decisions relating to the application of the principles of the Convention, including Decision No. 17/2014 of the Constitutional Court, referred to above. The Committee also notes that 24 cases of alleged discrimination based on gender were lodged with the ETA, of which 16 were rejected. The Committee asks the Government to continue providing information on the preventive and enforcement activities of the ETA, including the outcome of the cases of discrimination in employment and occupation dealt with, and on any relevant cases examined by the courts, including the sanctions imposed and remedies provided. It also requests the Government to identify the steps taken to improve access to complaints mechanisms and to provide assistance and protection for workers who are victims of discrimination.