Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Labour inspection. The Committee recalls its previous comments made in relation to the Equal Remuneration Convention, 1951 (No. 100) concerning the fact that the Labour Inspectorate is only able to take action with regard to the equal treatment provisions of the Labour Code following a complaint from an individual employee claiming that his or her right to equal treatment has been infringed. The Committee emphasized the importance of giving workers’ organizations the possibility of reporting discrimination and of enabling the Labour Inspectorate to supervise the application of the Labour Code’s provisions on equal treatment on their own initiative.

In this regard, the Committee notes from the Government’s report that the 2006 amendments to the Equal Treatment Act authorize trade unions to bring complaints under the Equal Treatment Authority. Concerning the limited mandate of the Labour Inspectorate with regard to the supervision of the Labour Code’s equal treatment provisions, the Committee notes from the Government’s report on Convention No. 100 that Hungary does not intend to change this situation, as, in the Government’s view investigations by labour inspectors, on their own initiative, into the observance of equal treatment requirements would be contrary to the principle of self-determination. The Committee stresses that the principle of equal treatment in employment and occupation is a fundamental right that the authorities must protect, including in cases where the workers concerned do not raise complaints. The Committee therefore requests the Government to review, in cooperation with the social partners, section 3(2) of Act LXXV of 1996 with a view to expanding the mandate of the labour inspectors to address violations of equal treatment. Please indicate the outcome of such a review, including the results of the consultations held with the social partners in this regard. The Committee also requests the Government to indicate whether and how trade unions cooperate with the Labour Inspectorate to address workplace discrimination.

The Committee is raising other points in a request addressed directly to the Government.