Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention, 2000 (No. 183) - Hungary (Ratification: 2003)

Other comments on C183

Direct Request

2014
2009
2008
2007

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The Committee notes the detailed information provided by the Government in response to its previous direct request. It notes in particular the adoption on 13 December 2011 of Act I of 2012 on the Labour Code and the observations made by the workers of the National ILO Council contained in the Government’s report.

Article 2 of the Convention. Scope of application. The Committee requests the Government to indicate whether the new Labour Code impacts on Act XXIII of 1992 on the legal status of public servants, in particular section 71 which refers to several sections of the former Labour Code concerning maternity protection. It also asks the Government to specify how temporary civil servants and non-titular civil servants are protected.

Article 5. Leave in case of illness or complication. According to the workers’ side of the National ILO Council, the legislation does not provide expressly for any supplementary leave in case of sickness, complication or risk of complication arising from pregnancy or childbirth before or after maternity leave. In this case, women are entitled to unpaid leave “only” due to their reduced ability to work and are entitled to sickness benefits according to the social insurance rules. The amount of sickness benefit is lower than the remuneration applicable during holiday (absentee pay). The Committee requests the Government to confirm whether sickness benefit is paid to women who are absent from work due to illness, complications or risks of complication before or after maternity leave at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living.

Article 9. Non-discrimination. The Committee refers the Government to its comments made in 2013 in relation to the application of Articles 1(1)(a) (pregnancy testing) and 5 (restricting limitations of working time to those necessary to protect maternity) of Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Application in practice. The Committee requests the Government to indicate whether the restructuring of the Labour Inspection Services improved the monitoring of the compliance of the Convention, particularly as regards women employed in atypical forms of dependant work.