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Workers' Representatives Convention, 1971 (No. 135) - Hungary (RATIFICATION: 1972)

Article 1 of the Convention.Adequate protection of workers’ representatives against acts of discrimination related to their representative functions. The Committee notes the information provided by the Government on the various provisions regulating the protection of workers’ representatives. In this respect, the Committee refers to its comments under Article 1 of ILO Convention (No. 98) on the right to organize and collective bargaining, 1949 concerning the protection against trade union discrimination.

Elected workers representatives. With respect to the specific protection of elected workers representatives, the Committee notes the Government’s indication that, contrary to earlier regulation, only works delegate and the chairperson of the works council are entitled to a special protection under the Labour Code, the other works council members being therefore not covered by it. Collective agreements may however extend the referred protection. The Committee recalls that Article 3(b) of the Convention specifies that for the purpose of the Convention, the term workers’ representatives cover the elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements. The Committee highlights that, as a consequence, all the workers’ representatives elected in accordance with the national legislation should be granted an effective protection against any act of discrimination related to their representative functions. In view of the above, the Committee requests the Government to, after consultation with the representative social partners, take the necessary measures to amend section 260 (3) of the Labour Code so as to ensure that the effective protection against any act prejudicial to workers’ representatives based on their status or activities is afforded to all members of the works council and not only to its chairperson. The Committee requests the Government to inform on the progress made in this respect.

Trade union representatives. The Committee also notes the information provided by the Government that according to Section 273 of the Labour Code, the consent of the directly higher-ranking trade union body is required for terminating the employment relationship by notice and for the temporary reassignment of an elected trade union official. The Committee observes that the protection under section 273 (1) is afforded for the duration of the term in office of the trade union official and for a period of six months thereafter, but only if the official held the office for at least twelve months. The Committee takes note of the observations of the workers’ group of the National ILO Council according to which the above provision does not provide adequate protection, either in law or in practice, and that there is a degree of legal uncertainty in the application of the above rule. The Committee recalls that under the Convention, trade union officials shall enjoy effective protection against any acts prejudicial to them based on their status or union activities. The Committee considers that a restriction of the special protection granted by the legislation to certain acts or making it conditional upon a certain period of time spent in office may not be in line with the Convention. While the Committee welcomes the Government’s indication that it will consult the social partners in this respect, the Committee requests the Government to review Section 273 of the Labour Code to ensure an effective protection of trade union officials both in law and in practice against any act prejudicial to them based on their status or activities. The Committee requests the Government to provide information on any progress made in this regard.