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

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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee refers to its previous comments in which it noted that despite a reference to “the equal value of work”, in the Labour Code (section 12(3)), the provision does not explicitly provide for an obligation to pay men and women equal remuneration for work of equal value and that it refers only to the principle of equal treatment in remuneration generally. The Committee recalls the discussion held by the National ILO Council in September 2013, during which the issue of specifying the principle of equal remuneration for work of equal value in the law (Labour Code or Equal Treatment Act) was discussed and supported by the workers’ organizations. The Committee also noted that an evaluation of the Labour Code was being conducted. The Committee asks the Government to provide information on any relevant developments concerning the evaluation of the Labour Code and the results thereof. It also again encourages the Government to consider amending the Labour Code with a view to explicitly providing for the principle of the Convention and the use of methods of job evaluation based on objective criteria in order to assess the “equal value” of work.

Articles 1 and 2. Gender pay gap and measures to address the gap. The Committee notes from the statistics supplied by the Government with its report that, in 2015, women’s earnings amounted to 84.2 per cent of the monthly average earnings of men. It notes that this figure is lower than the figure from 2014, according to which women’s earnings represented 86.2 per cent of men’s monthly average earnings. The Committee notes the Government’s indication that women’s earnings are largely impacted by the higher ratio of women in sectors with weaker market position, the lower percentage of women in managerial positions and the breaks in women’s career path due to pregnancy and childcare. The Committee notes the information provided by the Government on the measures taken to review job classifications and salary systems in the public sector, which has led to the revaluation and increase in wages for a set of jobs filled mostly by women, including teaching and medical professions. The Committee further notes the information provided by the Government concerning the provision of childcare facilities with a view to encouraging women’s access to employment and occupation and tackling one of the underlying causes of the gender pay gap. However, no information is provided on any steps taken or envisaged with the objective of addressing the occupational segregation of women. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged, including under the National Strategy for the Promotion of Gender Equality (2010–21), with a view to addressing the underlying causes of the gender pay gap, including occupational gender segregation, and their impact on reducing remuneration differentials between men and women. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various sectors and occupations and their corresponding earnings, in the private and public sectors. The Committee reiterates its request to the Government to provide information on the implementation of the e-Wage Barometer and the Salary Checker, developed in the framework of the “Equal pay for equal work” project (H/005 (HU-06)) and their impact on the reduction of the gender pay gap.

Article 2. Minimum wages. Noting that job classifications and salary systems in the public sector are currently under review, the Committee asks the Government to indicate how it is ensured that, in redefining the minimum wages for the jobs concerned, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men.

Collective agreements. The Committee notes the Government’s indication that it is not able to indicate whether collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to work with the social partners to include the principle of equal remuneration for men and women for work of equal value in collective agreements, and to consider including explicitly the principle of the Convention in the collective agreements concluded in the public (institutional) sector, and to provide information on the steps taken in this regard.

Article 3. Determination of work of equal value. Objective job evaluation. Private and public sectors. The Committee recalls that the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 701). The Committee again asks the Government to indicate the measures taken to promote the development and use of job evaluation methods based on objective criteria in the private sector, in collaboration with workers and employers’ organizations, as well as the steps adopted to develop and use such methods in the public sector.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the Permanent Consultation Forum (PCF) – a tripartite consultative review and proposal-making forum on economic and labour issues – has started discussions in April 2016 about the transposition of European Union Recommendation 2014/124 on strengthening the principle of equal pay between men and women through transparency. The Committee asks the Government to provide information on any progress made by the PCF concerning the application of the principle of the Convention as well as on any other initiative undertaken in collaboration with the social partners, including awareness-raising campaigns, with a view to advancing the application of the principle of equal remuneration between men and women for work of equal value.

Enforcement. The Committee notes from the Government’s report that the Equal Treatment Authority (ETA), in the period from 1 June 2013 to 31 May 2016, issued decisions to reject nine petitions invoking a violation of the principle of equal remuneration for work of equal value, because it failed to find any discrimination due to gender. The Committee notes that awareness-raising activities and training programmes have been organized on relevant legislation and the mandate of the ETA. The Committee also notes the information on the judicial decisions relating to the principle of the Convention. The Committee asks the Government to continue to provide information on the activities of the ETA, including the number of cases related to the principle of equal remuneration for men and women for work of equal value dealt with and their outcomes, as well as any cases relevant to the application of the Convention examined by the courts, including sanctions imposed and remedies provided. Please also provide information on any specific measures adopted or envisaged to strengthen the capacity of the ETA to address cases of violation of the principle of the Convention.