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

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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.

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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 2016.

Repetition

The Committee notes the observations of the workers’ organizations represented at the National ILO Council which were incorporated in the Government’s report.

Articles 2–5 of the Convention. Policy to promote paid educational leave. Application of the Convention in practice. The Government recalls in its report that employees are entitled to paid educational leave under section 55(1) of the Labour Code for the purpose of elementary school studies as well as initiation and continuing training pursuant to an agreement with the employer. The Government adds that, pursuant to section 229 of the Labour Code, a study contract can also be lawfully concluded to support participation in training or further training referred to in section 55(1)(g) of the Labour Code. Moreover, the Government indicates how absentee pay is calculated, adding that the Labour Code allows the employer to ensure higher wages for the period of absence of working based on collective agreements or a unilateral decision. The Committee notes the observations of the workers’ organizations indicating that “absentee pay” allows for the inclusion of only a few benefits specified by law in addition to the base wages.

The Committee refers in this regard to Paragraph 20 of the Paid Educational Leave Recommendation, 1974 (No. 148), which states that the financial entitlements of workers during paid educational leave should: (a) maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, as provided for by national laws or regulations, collective agreements, arbitration awards or such other means as may be consistent with national practice; and (b) take account of any major additional costs of education or training. The Committee requests the Government to provide further information on the calculation of “absentee pay”. The Committee further requests the Government to provide information on the extent to which educational leave is dependent on an agreement with the employer. It also requests the Government 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.

Article 2(c). Paid educational leave for trade union education. The Committee previously noted that the Labour Code of 2012 did not contain a specific provision allowing for paid educational leave for trade union education. It had requested the Government to provide information on further measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012. The Government indicates in its report that section 55(1) of the Labour Code is applicable to all employees, including trade union members. Although the Code does not specifically refer to trade union training, as a result of the general rule, employees may also be exempted from work duty subject to an agreement for the duration of any training, including trade union training. A trade union may also agree with the employer in the collective agreement on separate preferences for trade union training. The Government also refers to section 274 of the Labour Code concerning working time reduction to employees which may include training, further training or a study trip organised by the trade union. The Government adds that the assessment of the implementation of the Labour Code is still in progress. The Committee notes the observations of the workers’ organizations indicating that they maintain their position that neither the legislation, nor the practice supports the option of paid educational leave for purposes defined in Article 2(c) of the Convention. The Committee requests the Government to provide information on the impact of the measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012.

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The Committee notes the observations of the workers’ organizations represented at the National ILO Council which were incorporated in the Government’s report.

Articles 2–5 of the Convention. Policy to promote paid educational leave. Application of the Convention in practice. The Government recalls in its report that employees are entitled to paid educational leave under section 55(1) of the Labour Code for the purpose of elementary school studies as well as initiation and continuing training pursuant to an agreement with the employer. The Government adds that, pursuant to section 229 of the Labour Code, a study contract can also be lawfully concluded to support participation in training or further training referred to in section 55(1)(g) of the Labour Code. Moreover, the Government indicates how absentee pay is calculated, adding that the Labour Code allows the employer to ensure higher wages for the period of absence of working based on collective agreements or a unilateral decision. The Committee notes the observations of the workers’ organizations indicating that “absentee pay” allows for the inclusion of only a few benefits specified by law in addition to the base wages.

The Committee refers in this regard to Paragraph 20 of the Paid Educational Leave Recommendation, 1974 (No. 148), which states that the financial entitlements of workers during paid educational leave should: (a) maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, as provided for by national laws or regulations, collective agreements, arbitration awards or such other means as may be consistent with national practice; and (b) take account of any major additional costs of education or training. The Committee requests the Government to provide further information on the calculation of “absentee pay”. The Committee further requests the Government to provide information on the extent to which educational leave is dependent on an agreement with the employer. It also requests the Government 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.

Article 2(c). Paid educational leave for trade union education. The Committee previously noted that the Labour Code of 2012 did not contain a specific provision allowing for paid educational leave for trade union education. It had requested the Government to provide information on further measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012. The Government indicates in its report that section 55(1) of the Labour Code is applicable to all employees, including trade union members. Although the Code does not specifically refer to trade union training, as a result of the general rule, employees may also be exempted from work duty subject to an agreement for the duration of any training, including trade union training. A trade union may also agree with the employer in the collective agreement on separate preferences for trade union training. The Government also refers to section 274 of the Labour Code concerning working time reduction to employees which may include training, further training or a study trip organised by the trade union. The Government adds that the assessment of the implementation of the Labour Code is still in progress. The Committee notes the observations of the workers’ organizations indicating that they maintain their position that neither the legislation, nor the practice supports the option of paid educational leave for purposes defined in Article 2(c) of the Convention. The Committee requests the Government to provide information on the impact of the measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012.

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Articles 2–5 of the Convention. Policy to promote paid educational leave. The Committee notes the Government’s report received in October 2013 which contains information in connection with the 2009 direct request, including copies of relevant court decisions. It notes that new legislative provisions concerning paid educational leave for training purposes entered into force in 2012 with the reform of the Labour Code. According to section 55 of the Labour Code, employees are entitled to paid educational leave for the purpose of elementary education. This provision also stipulates that employees pursuing initial and continuing training can be granted paid educational leave, if it is provided for in the agreement signed with the employer. The workers’ representatives at the National ILO Council observe that this regulation is not in line with Articles 2, 3 and 5 of the Convention since it does not guarantee the possibility of paid educational leave for the purposes listed by the Convention. The Government indicates that the Labour Code of 2012 contains only a general rule regarding paid educational leave that can be subject to modification by agreement of the parties. The Committee requests the Government to provide information on the measures taken within the framework of its national policy on paid educational leave to contribute to the realization of Article 3(a) of the Convention. Taking into consideration Article 4 of the Convention, the Committee also invites the Government to include information on the manner in which this policy is coordinated with general policies on employment, education and training.

Article 2(c). Paid educational leave for trade union education. The Committee notes that the Labour Code of 2012 does not contain a specific provision allowing for paid educational leave for trade union education. The workers’ representatives at the National ILO Council observe that this change was detrimental to trade unions. In this regard, the Government indicates that the removal of the provision on leave for trade union education does not prevent trade union representatives from obtaining such leave by other means, such as collective agreements or through the system of working time reduction envisaged for the exercise of trade union functions. The Committee notes that an evaluation on the implementation of the Labour Code of 2012 is being undertaken by the Government and hopes that the points raised in this direct request will be taken into account in order to ensure effective implementation of all provisions of the Convention. The Committee requests the Government to include information on further measures adopted with the aim to promote paid educational leave for trade union education (Article 2(c)), as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012.

[The Government is asked to reply in detail to the present comments in 2015.]

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Formulation and application of a policy designed to promote the granting of paid educational leave. In reply to its previous direct requests, the Government reports that the Adult Education Act continues to provide the legal framework for non-formal adult education. It also indicates that paid educational leave is financed by each employer on an individual basis. The number of days allocated for paid educational leave has been constant over the years. In this connection, the Government points out that in institutions belonging to the public sector, employers are still providing better conditions for training and lifelong learning, whereas businesses in the private sector are providing less support for continuing education and training of their workers than in previous years. The Committee invites the Government to provide in its next report more detailed information on the manner in which a policy to promote paid educational leave is applied the terms of the Convention (Articles 2 and 6 of the Convention), including statistics on the number of workers granted paid educational leave both in the public and private sectors (Part V of the report form).

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The Committee notes 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:

1. In relation to its 2000 direct request, the Committee notes the information contained in the Government’s report received in October 2003 which includes extracts of collective agreements. Please continue to provide information on the application of Act No. 101 of 2001 in relation to the steps taken to formulate and apply a policy to promote paid educational leave in the terms of Article 2 of the Convention. Please give more particulars on the manner in which public authorities, employers’ and workers’ organizations and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6).

2. The Committee notes that statistical surveys are undertaken on an irregular basis only. According to the report, in 1999, every employee was granted an average of 0.2 days of paid educational leave. The information for 2002 and 2003 was still being processed. The Committee would appreciate receiving in the Government’s next report a general appreciation of the manner in which the Convention is applied, including extracts of reports, studies and inquiries and up to date statistics on the number of workers granted paid educational leave (Part V of the report form).

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2. The Committee notes that statistical surveys are undertaken on an irregular basis only. According to the report, in 1999, every employee was granted an average of 0.2 days of paid educational leave. The information for 2002 and 2003 was still being processed. The Committee would appreciate receiving in the Government’s next report a general appreciation of the manner in which the Convention is applied, including extracts of reports, studies and inquiries and up-to-date statistics on the number of workers granted paid educational leave (Part V of the report form).

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The Committee notes the Government’s report and particularly the indications it contains on the discussions held within the National ILO Council for the application of the Convention. In this regard, the worker members of the Council consider that satisfactory effect is not given to the Convention and that the Council should examine the measures to be taken to ensure adequate application. In its reply, the Government considers that the legislative provisions are in conformity with the Convention and that there is no need to amend them. Referring to its previous comments, and especially its 1993 direct request in which it noted that the provisions of the 1992 Labour Code seemed to be less satisfactory than the provisions repealed in regard to the extent of paid educational leave opportunities afforded to workers, the Committee again requests the Government to indicate the measures taken to ensure promotion of the granting of paid educational leave, in particular for general, social and civic education, in application of Article 2(b) of the Convention. Noting furthermore that the Labour Code provides that the minimum standards it lays down may be supplemented by legislative or conventional arrangements more favourable to workers, it requests the Government to supply examples of collective agreements on the granting of paid educational leave for which statistics in regard to their number are supplied in the report.

Referring to Article 6 which provides that employers’ and workers’ organizations and institutions or bodies providing education and training shall be associated with the formulation and application of the policy on paid educational leave, the Committee expresses the hope that the Government will indicate the measures taken or envisaged to give full effect to the Convention, to the satisfaction of members of the National ILO Council and will provide, as requested under Part V of the report form, indications on the manner in which the Convention is applied in practice, if possible attaching extracts from relevant studies, surveys or reports, as well as available statistics on the number of workers benefiting from paid educational leave.

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The Committee notes the brief general indications supplied by the Government in its report. With reference to its previous direct request, it would be grateful if the Government would indicate in its next report whether any new steps have been taken or are envisaged to ensure promotion of the granting of paid educational leave, particularly for the purpose of general, social and civic education, in accordance with Article 2(b) of the Convention.

Please also state the measures taken to ensure that employers' and workers' organizations, and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave, in accordance with Article 6 of the Convention. Please provide information on the clauses of collective agreements that provide for the granting of paid educational leave.

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The Committee notes that the Decrees ensuring the provision of facilities for workers pursuing studies have been repealed, but that the new Labour Code contains provisions granting time off for workers participating in school-type training. It notes, however, that under these new provisions, entitlement to the average wage during the period of study is only maintained for workers in primary education. It also notes the provision concerning the grant of paid educational leave for trade union members to participate in trade union training.

The Committee observes that these provisions of the Labour Code, which appear to reduce the range of paid educational leave opportunities contained in the repealed provisions, lay down minimum standards which may be completed by provisions in the law or agreements which are more favourable to workers. In this connection, the Committee would be grateful if in its next report the Government would indicate the measures taken or envisaged to promote the granting of paid educational leave (Article 2 of the Convention) and the way in which employers' and workers' organizations and institutions or bodies providing education and training are associated with the formulation and application of such measures (Article 6).

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1. The Committee notes that Order No. 18/1986 of the State Wages and Labour Office (SWLO), published on 17 December 1986, amended Order No. 6/1981 of the SWLO, specifying the conditions under which average wages are due to workers on educational leave. The Committee would be grateful if the Government would describe the impact of Order No. 18 on paid educational leave in the country.

2. The Committee notes that, following comments made by the Hungarian Union of Agricultural and Forestry Workers, the Government has no plans to abolish educational leave for trade union officials participating in trade union training courses. The Committee asks the Government to indicate what steps it has taken to promote the granting of paid educational leave for trade union education, as required by Article 2(c) of the Convention, and any difficulties arising.

[The Government is asked to report in detail for the period ending 30 June 1992.]