Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Paid Educational Leave Convention, 1974 (No. 140) - Hungary (Ratification: 1975)

Articles 2–5 of the Convention. Policy to promote the granting of paid educational leave. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information regarding the calculation of “absentee pay”. It further requested the Government to supply information on the extent to which educational leave is dependent on an agreement with the employer. The Government was also requested to provide information on the application of the Convention in practice. The Government reiterates that, pursuant to section 55(1) of the Labour Code, employees may be exempted from their work obligations for the time necessary to enable them to participate in vocational education and training. It adds that, pursuant to section 146(3)(b) of the Code, the employee is entitled to an “absence fee” for this purpose. The Government indicates that the study contract concluded between the employer and employee sets out the parties’ agreement in this regard. In the study contract, the employer commits to providing the employee with support during the period of study, while the employee commits to undertaking the studies specified in the study contract, and to refrain from terminating his or her employment after obtaining the qualification for a period of time proportionate to the amount of support provided. Pursuant to section 229(1) of the Labour Code, this period of time cannot exceed a period of five years. The Government indicates that the nature of the support provided – reimbursement of tuition, purchase of equipment necessary for learning, payment of an absence fee for the duration of lectures, lessons, exams and other expenses – depends on the agreement set out in the study contract. Accordingly, the conditions of educational leave, with the exception of elementary school education (envisaged under section 55(1) of the Labour Code) depend entirely on the agreement made with the employer. The Committee calls upon the Government to ensure that the financial entitlements of workers during paid educational leave enable them to maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, and should take account of any major additional costs of education and training (Paid Educational Leave Recommendation, 1974 (No. 148, Paragraph 20). The Government is also once again requested to provide information on the application of the Convention in practice by including, for instance, extracts from reports, studies, inquiries, and statistics on the numbers of workers granted paid educational leave (Part V of the report form).

Article 2(c). Paid educational leave for trade union education. The Committee previously noted that the 2012 Labour Code does not contain any specific provisions providing for paid educational leave for purposes of trade union education. It therefore requested the Government to provide information on the effects of measures intended to facilitate trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the 2012 Labour Code. In its response, the Government reports that the role of collective agreements acquired greater importance once the Labour Code entered into force, given the emphasis placed on collective agreements by the new Code. This regulatory approach increased the responsibility of the social partners while reducing governmental regulation. The Government indicates that section 272 of the Labour Code enables trade unions to enter into agreements with employers concerning the granting of additional benefits in relation to trade union training. The Government also reports that section 274 of the Labour Code provides that trade union working-time allowances may be granted to employees in connection with activities related to interest representation, including trade union training. The Committee notes that section 274 does not refer explicitly to trade union education or training, but refers to working-time reduction to which employees are entitled to enable them to discharge their trade union functions. In particular, the Committee notes that section 274(4) provides that working-time reduction shall not be financially compensated. Furthermore, the Government states that the 2015 Consultation Forum of the Competitive Sector and the Government (CSCF) has continued to review the implementation of the Labour Code, and examine amendments proposed by the social partners. The Government indicates that, to date, the consultations have not resulted in proposals that could lead to the introduction of amendments to the Labour Code. As a consequence, the review of the implementation of the Labour Code is still ongoing. Recalling that trade union education must be provided to all workers and that the workers’ organizations concerned should have the responsibility for selecting candidates (Paid Educational Leave Recommendation, 1974 (No. 148), Paragraph 17(2)), the Committee expresses the hope that the Government will soon be in a position to report on progress made in this regard. It also once again requests the Government to provide updated detailed information on the manner in which paid educational leave for the purposes of trade union education is ensured, as required under Article 2(c) of the Convention. In particular, the Committee requests the Government to provide information on the number of collective agreements concluded and their content.