Effect given to the recommendations of the committee and the Governing Body - REPORT_NO333, March 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 74. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 80-83]. It requested the Government to keep it informed of the outcome of the legal proceedings pending before the Constitutional Court with regard to the constitutionality of section 33 of the Labour Code, and it also requested a copy of Internal Order Gy. 7-76/2002.
2. 75. In a communication dated 7 January 2004, the Government informs the Committee that the Constitutional Court has still not made its ruling on the constitutionality of section 33 of the Labour Code and that no ruling should be expected in the coming months. The Government states that it does not wish to amend section 33 before the ruling of the Constitutional Court is made, since it considers that the legislation has to be in line with both the rulings of the Constitutional Court and the ILO standards. The Government also provides a copy of Internal Order Gy. 7-76/2002 of the Hungarian Railway Company which repeals the instructions of the Deputy General Manager for Public and Labour Relations according to which trade union activities had to be continuously monitored, formal and informal conversations reported and any programme or events organized by the trade union brought to the employer’s knowledge.
3. 76. The Committee takes note of the information provided by the Government. As concerns the constitutionality of section 33 of the Labour Code, the Committee recalls that the Committee of Experts, in December 2003, considered that problems may arise when the law stipulates that trade unions must attain a percentage of 65 per cent (individually) or 50 per cent (jointly) in order to be recognized as bargaining agents, since unions which fail to secure this excessively high threshold are denied the possibility of bargaining, and requested the Government to take all necessary measures to amend section 33 so as to lower the minimum threshold requirements set for recognition as a bargaining agent, and ensure that, where no trade union reaches these thresholds, collective bargaining rights are granted to all unions in the unit, at least on behalf of their own members. The Committee therefore urges the Government to take all necessary measures to amend without delay, section 33 of the Labour Code so as to bring it in line with the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and to keep it informed of the measures taken.