Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Hungary (RATIFICATION: 1994)

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the information provided by the Government regarding the tripartite consultations held within the National ILO Council (NILO Council) between 2019 and 2021. In particular, the Government indicates that, following tripartite consultations with respect to the Domestic Workers Convention, 2011 (No. 189) prior to its submission to the Hungarian Parliament, it was decided not to include the instrument in the list of conventions proposed for ratification. The Government indicates that a tripartite working group (selected from among members of the NILO Council) is responsible for the re-examination of non-ratified Conventions and Recommendations to which effect has not yet been given. The tripartite working group discussed the possible ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156). However, the Government reports that it was decided not to ratify Convention No. 156 while the process of national transposition of the EU Directive 2010/18/EU implementing the revised Framework Agreement on parental leave is still ongoing. The Government adds that tripartite consultations were also held with respect to reports on non-ratified Conventions, as well as on reports on ratified Conventions prepared in accordance with articles 19 and 22 of the ILO Constitution. The Government indicates that, on 18 December 2019, a conference on the future of work was held in Budapest, which was attended by representatives of workers’ and employers’ organizations. Lastly, the Committee notes the Government’s indication that public funds were provided to support the training of the members of the NILO Council. The Committee requests the Government to continue to provide detailed updated information on the tripartite consultations held with regard to all matters concerning international labour standards covered by the Convention, including with respect to Conventions identified for possible ratification.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that two tripartite seminars were held during the reporting period: a seminar entitled “Lawful and safe employment” in 2016, and a seminar on “The future of work: how do the challenges posed by digitalisation transform the world of work; the ILO standard relating to freedom of association” in 2018. The Committee nevertheless notes that the Government does not provide information regarding tripartite consultations held on the matters related to international labour standards set out in Article 5(1) of the Convention. The Committee therefore reiterates its request that the Government provide detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including with respect to: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

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Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that two tripartite seminars were held during the reporting period: a seminar entitled “Lawful and safe employment” in 2016, and a seminar on “The future of work: how do the challenges posed by digitalisation transform the world of work; the ILO standard relating to freedom of association” in 2018. The Committee nevertheless notes that the Government does not provide information regarding tripartite consultations held on the matters related to international labour standards set out in Article 5(1) of the Convention. The Committee therefore reiterates its request that the Government provide detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including with respect to: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the report provided by the Government on the application of the Convention for the period ending in May 2015. The Committee requests the Government to provide more specific information on the effective consultations held during the next reporting period on each of the matters related to international labour standards listed in Article 5(1) of the Convention.

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the report provided by the Government on the application of the Convention for the period ending in May 2015. The Committee requests the Government to provide more specific information on the effective consultations held during the next reporting period on each of the matters related to international labour standards listed in Article 5(1) of the Convention.

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The Committee has noted the Government's last report and the information contained in the communication in response to its previous direct request. The Government indicates in the report that the matters provided for in Article 5 of the Convention fall within the jurisdiction of the Wage and Labour Committee, which is itself part of the National Conciliation Council. In addition, it indicates that consultations have been undertaken, in particular on the submission to Parliament of Conventions and Recommendations adopted by the International Labour Conference, and refers to the recent establishment of a Commission responsible for international affairs, one of the tasks is to ensure respect for the obligations emanating from membership of the ILO.

The Committee notes this information and invites the Government to provide copies of the texts relating to the establishment, functioning and powers of the two commissions to which it has referred. It expresses the hope that the Government will be able to provide, in its next report, detailed responses to the questions raised in the report form under each Article, taking into account the following information:

Article 2 of the Convention. Please specify to what extent the nature and form of the procedures implemented within the two above-mentioned commissions ensure effective consultations as defined in paragraph 1.

Article 5. Please provide detailed information on the consultations undertaken on each of the matters provided for in paragraph 1, including information on the frequency and nature of all reports or recommendations resulting from them.

Article 6. According to this provision, the Government is obliged to consult representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. Please provide, where necessary, information on the results of such consultations.

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The Committee notes the first report. The Government has described four different consultative bodies. Among them, the National Conciliation Council (NCC) seems to have the widest scope in relation to international labour standards. The NCC has ten standing committees on various labour issues, although the Government gives no information as to any discussions there of the matters raised in Article 5(1) of the Convention.

In their comments, the representative workers' organizations of the NCC refer to the problem of application of the Convention and say there has in practice been no consideration of Article 5 matters: they see a need for development of conciliation techniques and relevant legislation. The National Federation of Agricultural Producers also calls for more active cooperation among the parties in the implementation of the Convention.

The Government indicates there have been written consultations on reports to be sent to the ILO, and other consultations as to ratifications (including the 12 registered in 1993). Although the social partners had not earlier asked for such consultations, the Government now intends to initiate them, together with the question of conciliation systems.

The Committee hopes further contacts on these matters will be pursued and that the Government will provide details. Please supply also more specific information on the various matters referred to in the report form approved by the Governing Body.