Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Hungary (Ratification: 1956)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 41(6) of Act CXXV of 2003 (the “Equal Treatment Act”) amends section 142/A of the Labour Code to bring it in line with the Equal Treatment Act’s terminology. It notes from the Government’s report that section 142/A(1) now provides that “in defining remuneration for equal work or work of equal value, the requirement of equal treatment must be met”. Section 142/A(4), as amended, provides that “wages based on job classification or performance must be established as to meet the requirement of equal treatment”. The Committee asks the Government to provide information in its next report on the practical application of section 142/A of the Labour Code, including information on whether any cases involving section 142/A have been dealt with by the courts.

2. Equality plans. Further to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the new section 70A of the Labour Code and section 36 of the Equal Treatment Act of 2004, which provide for the adoption of equal opportunity plans by employers, the Committee considers it of great importance that such plans include specific objectives and practical measures to apply and monitor the principle of equal remuneration for work of equal value. It therefore welcomes the Government’s statement that equal opportunity plans must contain measures that contribute to the “rais[ing] of wages to the level paid to other employees for the performance of jobs of the same value”. The Committee hopes that the Government will make every effort to ensure that equal pay issues are being included in equal opportunity plans and to seek the cooperation of workers’ and employers’ organizations in this regard. The Committee asks the Government to provide information in its next report on the measures taken to promote and ensure the application of the Convention’s principle in the design and implementation of equal opportunity plans. Please also indicate whether there is any statutory obligation to address equal pay issues in equality plans.

3. National Action Plan for Equal Opportunities. The Committee notes that the Ministry for Youth, Social and Family Affairs and Equal Opportunities is responsible for the development, monitoring and the evaluation of the implementation of the National Action Plan for Equal Opportunities for Both Sexes. It asks the Government to indicate how the Action Plan addresses equal pay issues and to elaborate on the specific measures taken by the Ministry to promote and ensure the application of the Convention under the Action Plan.

4. Article 3. Objective job evaluation. The Committee notes from the Government’s report that the Government is planning, in cooperation with the social partners, to facilitate the widespread adoption of sectoral and occupational job classifications and wage-scale systems. The Committee asks the Government to provide more detailed information on this initiative and on the manner in which the provisions of the Convention are being taken into account in this process. It also asks the Government to indicate any measures taken to promote objective job evaluation methods as a means of addressing discriminatory undervaluation of jobs based on gender in the context of equality planning (see point 2 above).

5. Enforcement. The Committee recalls its previous comments concerning the fact that the Labour Inspectorate is only able to take action with regard to section 142/A of the Labour Code following a complaint from a person claiming that his or her right to equal remuneration has been infringed. In this regard, the Committee notes that, during the period covered by the Government’s report, the Labour Inspectorate dealt with one case involving equal remuneration issues which was based on a report by a workers’ association. In this case, the decision made by the authority of first instance was overturned on the ground that, under section 3(2) of Act LXXV of 1996 on labour inspection, compliance with equal treatment requirements shall only be inspected based on a report by the party whose rights or legitimate interests may have been violated. Consequently, any violation of the principle of equal treatment could be inspected only when requested by individual employees and only in connection with their specific cases.

6. In this context, the Committee wishes to emphasize that pay discrimination based on sex is often hidden and the workers concerned may not be aware of its existence. The opportunity for workers’ organizations to report to the Labour Inspectorate and the competence of the Labour Inspectorate to supervise the application of equality provisions on their own initiative are therefore important mechanisms for addressing cases involving discrimination and equal pay. The Committee considers that section 3(2) of Act LXXV may be an obstacle to the full application of relevant national legislation and the Convention. It is also inconsistent with the procedures applying to the newly established Equal Treatment Authority which, by contrast, is authorized to undertake ex officio investigations. The Committee therefore asks the Government to review, in cooperation with the social partners, whether there is indeed a need to limit the competence of labour inspectors to deal with violations of the principle of equal treatment as provided for under section 3(2) of Act LXXV with a view to repealing these restrictions, and to provide information on this matter in its next report. It also asks the Government to supply information on the nature and outcome of any new cases concerning equal remuneration for men and women dealt with by the Equal Treatment Authority and the Labour Inspectorate.

7. Part V of the report form. General appreciation of the application of the Convention. Statistical information. The Committee notes from the report that, according to the 2003 Statistical Yearbook of Hungary, women earned 87.5 per cent of the average monthly gross earnings of men in 2003. The average monthly gross earnings remain very high in some specific branches of economic activity. The Committee also notes from the statistics made available by EUROSTAT that the average gross hourly earnings of women were 11 per cent lower than men’s in 2004, down from 12 per cent in 2003 and 16 per cent in 2002. The Committee asks the Government to continue to provide statistical data indicating developments in respect to the gender pay gap.