Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Hongrie (Ratification: 1961)

The Committee understands that the Labour Code is currently undergoing review with a view to its amendment. The Committee asks the Government to provide information on the amendment process and, in particular, on any amendments made with a view to promoting equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

The Committee also notes, however, that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(b) of the Convention. Legislative developments. The Committee notes the amendment of Act CII of 2007 on vocational training allowing young persons with disabilities to obtain partial qualifications in the school system, as well as exemptions from some examinations. It also notes the amendment of Decree 30/2000 expanding the mentor service, provided by the Labour Centre, to persons receiving rehabilitation benefits; and the “road to work” programme introduced by the amendment of the Act CVII of 2008 on certain social and employment issues, which aims at improving the skills of persons unable to work because of their health condition, age or specific conditions of life. With respect to employment and occupation, the Committee notes that a new qualification and provision system (rehabilitation system) entered into force on 1 January 2008 with the objective of restoring the work ability of people living with disabilities, thus promoting their employment. It furthermore notes from the Government’s report the adoption of Decree 357/2008 (XII.31.) of 1 January 2009, amending Decree 177/2005 on the budget subsidy for the employment of employees with altered capacity for work, and notes that an employer may be given a subsidy for the employment of a person with altered capacities. The Committee encourages the Government to continue its efforts to promote the access of persons with disabilities to education, vocational training, employment and occupations, and requests it to continue to provide information in this regard, including on the results achieved. Please also provide information on the impact of the “road to work” programme on those unable to work because of health conditions, age or specific conditions of life.

Article 2. Equal opportunities plans. The Committee notes that pursuant to section 63(4) of the Equal Treatment Act (ETA), “[b]udgetary organizations employing more than 50 persons, as well as legal entities in which the State has a majority ownership are obliged to draw up an equal opportunities plan”. In this regard, the Committee recalls that the supervision of the adoption of the equal opportunities plans falls within the mandate of the Equal Treatment Authority. The Committee notes from the Government’s report that inspections were conducted and decisions have been taken against employers failing to adopt an equal opportunities plan. It notes however that the number of proceedings launched in order to inspect budgetary authorities and legal entities remains low. The Committee requests the Government to provide detailed information on the equal opportunities plans that have been developed, including the number of workers covered by such plans, and a summary of illustrative provisions in such plans. Please also continue to supply information on the application of section 63(4) of the ETA.

Sexual harassment. The Committee notes the position 384/5/2008 (IV.10.) of the Advisory Board of the Equal Treatment Authority on harassment and sexual harassment, which it will examine as soon as a translation becomes available. The Committee also notes from the Government’s report the low number of sexual harassment cases, which may suggest that women encounter difficulties in practice in having access to the remedies provided by the ETA. The Committee notes in this regard the annual report on the activities of the Equal Treatment Authority (2009) underlining the difficulties in the investigation of complaints related to harassment, as well as possible reprisals by the employers when a complaint is lodged. The Committee requests the Government to provide information on measures taken to address the difficulties encountered in the investigation of complaints related to sexual harassment, and the fear of reprisals. The Committee also asks the Government to provide information on any measures taken or envisaged to raise awareness of workers, employers and their organizations of the Authority’s role related to sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the National Strategic Plan to Promote the Social Equality of Men and Women, the aims of which include creating economic independence for women and men; supporting better harmony of professional, private and family life; supporting equal rate of male–female participation in political and economic decision-making; and terminating gender-related stereotypes in society. The Committee also notes the Government’s indication that short-term measures for the implementation of the National Strategic Plan will be specified every two years. The Committee requests the Government to provide information on the measures taken or envisaged under the National Strategic Plan to promote equality of opportunity and treatment of men and women in employment and occupation, including information on the short-term measures to implement the National Strategic Plan, the impact of such measures, as well as information on the establishment of the institutional system for coordinating, implementing, monitoring and evaluating the strategy. Please also provide specific information on how occupational segregation is addressed in the National Strategic Plan, or through other means; and indicate any results achieved through the Hungarian EQUAL Community Initiative Programme to address job segregation.

Equality of opportunity and treatment of the Roma. The Committee notes the detailed information provided by the Government on measures taken to promote social integration of Roma, such as housing programmes and initiatives to combat segregation. The Committee also notes the Government’s indication that great emphasis has been given to programmes supporting the entry of Roma employees into the labour market. In this regard, the Committee emphasizes the Strategic Plan adopted to serve the implementation of the Decade of Roma Inclusion Programme (2005–15). The Strategic Plan sets overall objectives in education, employment, housing and health care with regard to the enforcement of equal treatment for Roma. The Committee, furthermore, notes that some measures have been taken to monitor the progress achieved with respect to the tasks set out in the Strategic Plan, including: (1) independent research to assess its effectiveness; (2) the creation of a Roma controlling and monitoring committee; and (3) the requirement for the Government to report to Parliament every two years. Moreover, the Committee notes the Government’s willingness to create the legal regulatory framework required for a more effective application of the principle of equal opportunities for Roma. While noting the number of initiatives taken by the Government, the Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) the persistence of Roma segregation in education, particularly in channelling their children into “special” educational systems, which results in a low level of education limiting access of Roma to employment (ECRI, Report on Hungary, adopted on 20 June 2008, paragraph 75). The Committee also notes from the ECRI’s report that the “unemployment rate of Roma remains extremely high”, and that “Roma also continue to experience both indirect and direct discrimination in seeking employment” (paragraph 114). The Committee asks the Government to continue to provide information on the specific measures taken to promote equality of opportunity and treatment of the Roma in education, employment and occupation, including measures to combat negative stereotypes and anti-Roma sentiments, and the results achieved in this regard. The Committee, furthermore, asks the Government to continue to supply information on the monitoring system developed under the Strategic Plan. Please also provide information on any development in monitoring the progress in eliminating inequalities and exclusion from the labour market faced by the Roma.

Article 3(a). Cooperation with the social partners. The Committee notes that the Advisory Board of Equal Treatment organizes a conference every year for employers’ and workers’ organizations with a view to informing them regarding the Equal Treatment Authority’s work, the changes in the legal regulations and the cases considered. It also notes from the Government’s report that the administrators of the Authority regularly make presentations and attend workshops when requested by the social partners. Recalling that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities, the Committee asks the Government to provide information on any measures taken or envisaged to encourage the social partners’ more active involvement in the activities of the Authority.

Article 5. Special measures. The Committee notes from the Government’s report that the “wage support system” allowed a number of persons with altered working abilities to have permanent employment. Since 2008, 11,000 persons who could not be employed in the open labour market due to their health status or disabilities have benefited from the wage support system. The Committee asks the Government to provide information on the implementation of the wage support system regarding persons with family responsibilities, persons over 50 years of age, and persons holding elementary school qualifications. Referring to its previous comments, the Committee once again requests the Government to indicate the progress made in implementing the 5 per cent target for the employment of persons with disabilities in enterprises with more than 20 employees, including measures taken to raise the penalty for non-compliance.

Enforcement. The Committee recalls its previous comments on labour inspections and notes that the Government still does not intend to review section 3(2) of Act LXXV of 1996 in order to expand the mandate of the labour inspectors to address violations of equal treatment on a routine basis, and not only in response to a complaint. The Committee also notes from the Government’s report the role of trade unions in reporting breaches of equal treatment under the Labour Code and the ETA. It, furthermore, notes that the Equal Treatment Authority is authorized to undertake ex officio investigations upon request or in cases defined by the ETA. Emphasizing the important role of labour inspections in combating discrimination in the workplace, and the importance of ensuring effective inspection and enforcement, the Committee requests the Government to provide information on the following:

• (i) how the labour inspectorate and the Equal Treatment Authority cooperate with trade unions to address workplace discrimination, including information on measures taken or envisaged to raise awareness of the rights of workers’ organizations to exercise their entitlements provided by the Labour Code and the ETA;
• (ii) whether measures have been taken or envisaged to prevent reprisals against workers bringing complaints to the attention of the labour inspectorate or the Equal Treatment Authority relating to violations of the principles of the Convention;
• (iii) the number, nature and outcome of cases initiated by trade unions before the courts and the Authority; and
• (iv) cases related to the principles of the Convention that have been dealt with by the labour inspectorate, as well as investigations by the Authority, and the results thereof.