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

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee refers to its previous comment in which it requested information on the practical application of Decree No. 33/1998, on mandatory pregnancy testing prescribed for work involving exposure to chemicals, as set out in Annex 8 of the Decree. The Committee notes the Government’s statement in its report that, in line with article 2 of Directive 92/85/EEC, a worker who informs her employer of her pregnancy is considered a pregnant worker; she will therefore be deemed unfit to perform the tasks set out in Annex 8 of Decree No. 33/1998 only if she has informed her employer of her condition. On the other hand, the Government’s report also indicates that the employer is to determine the jobs in which, due to the exposures as per Annex 8 of Decree No. 33/1998, no minors, women or ageing workers can be employed. The Committee recalls 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. Therefore, excluding all women from performing tasks set out in Annex 8 of Decree No. 33/1998 would constitute discrimination on the basis of sex. The Committee asks the Government to clarify whether Decree No. 33/1998 contains a general prohibition against employing women to perform the tasks set out in Annex 8, or whether this restriction applies only to pregnant women who have voluntarily disclosed their pregnancy to their employer and women of fertile age. The Committee also asks the Government to provide information on any judicial decisions or cases examined by the Equal Treatment Authority (ETA) on the application of the Decree.

Sexual harassment. With reference to its previous comment, the Committee takes note of the ETA’s 2017 booklet “on Preventing Workplace Harassment and on the Forms of Rights Enforcement”. It also notes the Government’s statement that the labour inspectorate only examines the conditions of employment in terms of labour law and not the internal relationships between the employer and employees or, as the case may be, between the respective employees. The Government also states that, between June 2016 and May 2019, the ETA found employers guilty of harassment in only two instances but did not indicate the number of complaints brought forward to the ETA and how many of those related to sexual harassment. The Committee recalls in this regard that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee asks once again the Government to undertake an assessment of the effectiveness of the complaints procedures currently available, particularly in light of the very limited number of infringements identified by the ETA. The Committee also asks the Government to introduce 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 for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the reasons for the discontinuation of action plans under the National Strategy for the Promotion of Gender Equality; (2) the impact of revised section 65(6) of the Labour Code and Government Regulation No. 351/2014 on the equal sharing of family responsibilities between men and women and the reconciliation of work and family obligations; (3) any measures taken to overcome gender stereotypes; and (4) any specific steps taken to address occupational gender segregation. The Committee notes the Government’s indication that, between July 2018 and June 2019, the Ministry of Human Capacities announced a competition called “Be a STEM star!” (“STEM” standing for science, technology, engineering, and mathematics) to encourage the participation of girls in areas where women are generally under-represented. It also notes the “TechGirls2018” event series, organized in 2018 for the second time by the German-Hungarian Chamber of Industry and Commerce, which has the objective of making studies and jobs in technology, science and information technologies (IT) more popular among girls. The Committee also takes note of the various measures taken under the “Women in the Family and Workplace” project, launched in 2016, to improve the labour market situation of women and ensure a better compatibility between work and family life. The Committee notes, from the Government’s supplementary information, that efforts were made to increase the number of nurseries in the country, even in municipalities with less than 5,000 inhabitants. As a result, the number of 4-year-old children attending nursery went from 93 per cent in 2010 to 97.7 per cent in 2019, while 99.7 per cent of 5-year-old children attended nursery. However, the Committee notes, from the 2018 concluding observations of the United Nations Human Rights Committee, that women remain under-represented in decision-making positions in the public sector, particularly in government ministries and the Parliament, and that stereotyped patriarchal attitudes still prevail with respect to the position of women in society (CCPR/C/HUN/CO/6, paragraph 23). The Committee asks the Government to continue to take specific measures aimed at overcoming gender stereotypes and to provide information on: (i) the results achieved through the “Be a STEM star!” and “TechGirls2018” projects in terms of the number of girls enrolling in STEM studies, and (ii) any other 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. Noting the Government does not respond in this regard, the Committee, once again, 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, as well as to supply a copy of the new texts. Recalling 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 learned.

Equality of opportunity and treatment irrespective of race, color and national extraction. Roma. With reference to its previous comments regarding measures to address the segregation of Roma children, the Committee notes with interest that, according to the Government’s fifth report submitted to the Advisory Committee of the Framework Convention on the Protection of National Minorities (ACFC) of the Council of Europe: (1) the amendment of the Public Education Act of 2011 repealed the provision that exempted faith-based schools from the requirements of the Equal Treatment Act; (2) the “Road Map” action plan was established, which aims at the success of disadvantaged students, including Roma children, and the desegregation in education; and (3) specific education programmes targeting all age groups, from kindergarten to higher education, were adopted (ACFC/SR/V(2019)005, pages 36 and 37). In its supplementary information, the Government indicates that, as from January 2019, and in order to mitigate and prevent segregation in schools, the Educational Authority initiated a series of supportive workshops within the framework of the Human Resources Development Operational Programme aimed at promoting the implementation of inclusive educational organization. The Government adds that in the 2018/2019 academic year, 36 school district centres amended district boundaries to mitigate the risk of segregation. However, the Committee takes note from the 2020 concluding observations of the UN Committee on the Rights of the Child, of the continuing segregation of Roma children in special education, the increased gap in attainment between Roma and non-Roma children at different levels of education, and the lack of official data on Roma children in education (CRC/C/HUN/CO/6, paragraph 35). With regard to access to employment, the Committee notes the Government’s indication that in 2017, only 54.6 per cent of Roma men and 35.9 per cent of Roma women in the 15–64 age group were employed (an increase of about 10 percentage points for the latter compared to 2014). Among those employed, the proportion of public workers is particularly high among Roma: in 2017 it was 36.6 per cent (which was 41.7 per cent in 2015), in contrast with the 3.7 per cent ratio of non-Roma (which was 4.2 per cent in 2015). The Government further indicates that the average monthly number of those participating in public employment programmes was 223,469 in 2016, which decreased to 179,492 in 2017 and 135,620 in 2018. The Committee notes the “Training of Low Skilled and of Public Workers” project (GINOP/EDIOP-6.1.1), under which 86,738 people, including 29,240 Roma people, received vocational training. Finally, the Committee notes that between 2015 and early 2018, the ETA took 80 decisions regarding complaints of discrimination on the grounds of Roma origin; among those, discrimination was established in 20 cases and another 14 cases were settled (ACFC/SR/V(2019)005, page 44). The Committee asks the Government to provide information on the specific measures taken under the “Road Map” action plan and the results achieved with respect to addressing school segregation of Roma pupils and improving their equal access to education, and to identify any other specific measures adopted to this end and their impact. The Committee reiterates its request to the Government to provide information on the practical application of the measures taken 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. Noting the low number of convictions handed down by the ETA, the Committee once again 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 continue to provide information on any cases dealt with by the ETA and the courts, and their outcomes.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. Equal opportunity plans. The Committee notes that the Government’s report does not contain any information on the compliance by the private sector of the requirement to adopt equal opportunity plans, and therefore reiterates its request that the Government takes proactive steps to improve the levels of compliance 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 and to provide information in this regard.

Article 3(a). Cooperation with the social partners. The Committee notes with regret that the Government has not replied to its previous comments. The Committee once again 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. Working time for pregnant women or women with young children. In its previous comments, the Committee, noting 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”, asked the Government to ensure that such protective measures applicable to women are limited to maternity protection in the strict sense. The Committee notes that the Government reiterates its intention to consider reviewing section 113(2) of the Labour Code. The Committee asks the Government to ensure that, in reviewing section 113(2) of the Labour Code, protective measures are limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities, and do not reinforce gender stereotypes.

Persons with disabilities. The Committee previously noted that many employers opted 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. It asked the Government to: (1) take steps to strengthen enforcement of this target, including by considering an increase in the sanctions imposed in cases of non-compliance; and (2) 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. The Committee welcomes the Government’s indication that it increased the contribution for lack of compliance to nine times the mandatory minimum basic salary set for a full-time employee, that is, 1,341,000 Hungarian forint per person per year (approximately US$4,460), in comparison to 964,500 forint per person per year in 2017. The Government indicates that, although it does not have accurate information on the impact of this increase, employers’ demand for persons with disabilities and persons with reduced capacity to work has generally been growing. The Committee notes the establishment, in 2016, of the KILATO Centre, a multifunctional career orientation institution whose main objective is to support equal opportunity access to career guidance, further training and labour market services, in particular among young people with disabilities or with special educational needs. In its supplementary information, the Government refers to the adoption of the Training Act of 2019 in which the first vocational qualification is provided free of charge by the state for every Hungarian citizen. The Government indicates that the Act provides for students with special education needs to benefit from vocational training which is adapted to their special educational needs and individual skills. The Committee asks the Government to provide information on: (i) the specific actions taken by the KILATO Centre to assist young people with disabilities in their training and their equal access to employment and occupation, and (ii) on the application in practice of the Training Act of 2019 with regard to facilitating access to vocational training of people with disabilities. It also asks the Government to continue to provide information on the specific measures it is taking to promote equality of opportunity and treatment in employment and occupation for persons with disabilities, 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 takes note of the information provided by the Government on the ETA’s various publications, including “Legal Awareness of the Right to Equal Treatment”, and other measures taken to raise public-awareness about the ETA, such as advertisement videos and informational presentations at summer events. The Committee also notes the number of decisions handed down by the ETA regarding discrimination, including on the grounds of Roma origin. It also notes that the Government provides more information on court decisions in its supplementary information. The Committee asks the Government to provide information on the preventive and enforcement activities of the ETA. It also asks the Government to continue to provide information on the number and nature of cases dealt with by the judicial courts or the ETA, with regards to discrimination in employment and occupation, including the sanctions imposed and remedies provided.