Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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:

Article 1 of the Convention. The Committee notes that the Labour Code prohibits any discrimination, in the context of the employment relationship, on grounds of sex, age, race, national extraction, family situation, maternity, religion, political opinion or membership of a representative organization of employees, part-time or temporary employment and any other circumstances unrelated to employment (section 5). It also notes that a ten-year plan for the integration of the Roma was launched in 2005 together with eight other Central and Eastern European Countries. The Committee would be grateful if the Government would continue to provide information on the impact of the measures adopted with a view to the integration of the Roma population and if it would indicate whether specific measures have been adopted with a view to ensuring the protection afforded by Convention No. 183 to women belonging to this category of the population.

Article 2. Employees in the public service. The Committee notes that section 2 of the Labour Code provides that it does not cover public officials. The Labour Code also provides that a separate Act shall lay down provisions concerning the legal relationships for the performance of work with local authorities and agencies financed by the national budget but who are not treated as employees in the public sector. The Government indicated previously in its reports under Convention No. 103 (denounced following the ratification of the present Convention), that the provisions of the Labour Code relating to maternity protection were nevertheless applicable to public officials. The Committee would be grateful if it would indicate whether this is still the case in relation to both public officials and employees of local administrations or agencies.

Women workers on assignment. The Committee notes that the employment relationships between foreign employers and employees who perform work in Hungary within the framework of a temporary assignment are not governed by the Labour Code (section 1(4)). It would be grateful if the Government would provide information on the maximum periods during which such persons are authorized to work in Hungary. Please also indicate whether, and if so, under which provisions it is ensured that such workers benefit from social protection.

Public service employees. The Government had hitherto indicated in the context of Convention No. 103 that the provisions of the Labour Code relating to maternity protection are also applicable to employees in public service. The Committee would be grateful if the Government would indicate whether this is still the case. 

Atypical forms of dependent work. The Committee requests the Government to provide detailed information in its next report on the forms of atypical work that exist on the Hungarian labour market (for example, part-time work, temporary work, self-employment, etc.), and on the manner in which it is ensured that women workers engaged in atypical forms of dependent work benefit from a maternity protection scheme in accordance with the Convention.

Persons excluded from the scope of social insurance. The Committee notes that, by virtue of section 11 of Act LXXX of 1997, which relates to persons entitled to social security benefits and private pensions, persons considered as foreigners and employed in Hungary by a foreign employer, as well as persons considered as foreigners who work for private companies with foreign participation, are not subject to the obligation to be covered by social insurance. It would be grateful if the Government would provide additional information in its next report on the above categories of workers and indicate the measures adopted to ensure that women in these categories of workers benefit from the full protection envisaged by the Convention.

Article 4, paragraph 4. Compulsory leave after childbirth. The Committee notes with interest that section 138 of the Labour Code establishes the right for women workers to 24 weeks of maternity leave, of which four weeks have to be taken before the presumed date of birth. The Labour Code also establishes a period of postnatal leave which may not be less than six weeks in cases in which the child is stillborn or dies during the first six weeks following childbirth. With the exception of these circumstances, the law does not appear to establish the compulsory nature of part of the postnatal leave. However, under the terms of this provision of the Convention, maternity leave shall include a period of six weeks’ compulsory leave after childbirth unless otherwise agreed at the national level by the government and the social partners. The Committee therefore requests the Government to take the necessary measures to explicitly establish the compulsory nature of postnatal leave during the first six weeks following childbirth or, where appropriate, during a shorter period if tripartite agreement had been achieved in this respect at the national level.

Article 6, paragraph 6. Adequate benefits financed out of social assistance funds for women not entitled to cash benefits. The Committee notes that, under Act No. 84 of 1998 on family support, a maternity allowance is provided from public funds for women resident in the country until the child reaches the age of 3 years. As the above allowance appears to be provided only from the birth of the child, the Committee would be grateful if the Government would indicate the benefits that are paid to women who are not entitled to social insurance benefits between the date of the beginning of maternity leave and that of confinement. Please also provide the relevant legal texts.

Article 8, paragraph 1. Protection against dismissal. The Committee notes that, under sections 90–92 and section 190(2) of the Labour Code, executive employees are excluded from the periods of protection against dismissal and from the protection afforded by section 89(2) of the Labour Code in relation to the burden of proof in case of dismissal, and by sections 90–92 respecting the periods of protection against dismissal. As such a restriction is not envisaged in the Convention, the Committee requests the Government to take the necessary measures to ensure that women belonging to this category of employees benefit from employment protection during the periods established by the Convention, and are not excluded from the operation of section 89(2) of the Labour Code regarding to the rules relating to the burden of proof in relation to the reasons for dismissal.

Article 8, paragraph 2. Right to return to the same position or an equivalent position paid at the same rate. The Committee notes that the employment contract is suspended during the period of maternity leave, which implies the right of the woman to return to work under the same conditions as those applicable before the above suspension. Furthermore, section 84 of the Labour Code provides that, upon her return from parental leave, an employee is entitled to benefit from the same improvement in wages as other employees in the enterprise in the same position and with the same experience; in the absence of such similar employees, the rate of actual annual wage improvements in the enterprise shall be applied. The Committee also notes that, according to the annual report of the Employment Office (National Employment Foundation) of 2003, the application in practice of the right to return to work following maternity leave appears to give rise to certain difficulties. The report indicates that the return to work is often difficult following the period of maternity or parental leave. For example, in 2002, only around 45 per cent of women who were employed before their leave and who wished to return to work were able to do so; 32 per cent indicated that their enterprise did not wish them to return, and 12 per cent said that their jobs had disappeared. In this respect, the Committee notes with interest the implementation by the Government of measures intended to help persons wishing to return to work, for example by granting them the possibility to acquire a second degree free of charge or to benefit from vocational training subsidized by the Labour Market Fund. The Committee would be grateful if the Government would indicate in its next report the results achieved through the above measures and, where appropriate, the penalties imposed in cases of violations of the right to return to work following maternity leave. Please also provide statistical data on the number of women who are able to return to their work upon the completion of their maternity leave. Finally, the Committee requests the Government to examine the possibility of including an explicit provision in the Labour Code guaranteeing the right to return to the same job following maternity leave.