Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. In view of the representation made by the National Federation of Workers' Councils (NFWC), the Committee had postponed its comments on the application of the Convention. This comment will therefore consider the contents of both the 1997 and 1999 reports.

2. In its previous direct request, the Committee had requested further information on the positive action measures and programmes taken in favour of groups of different national extraction, particularly the Roma (Gypsies), and the results achieved in the fields covered by Article 1(3) of the Convention. In this regard, the Committee notes that, in 1997, the Government approved a medium-term policy package to improve the living conditions of the Roma population, Decree No. 1093/97 (VII.29), which was reinforced two years later by Decree No. 1047/99 (V.5). These decrees include a number of employment promotion initiatives including, inter alia, extending positive action measures for the Roma population within the framework of the Employment Act. The Committee requests the Government to indicate the manner in which these positive action measures are applied, as well as the progress achieved in securing equal access to employment for members of this minority group. With regard to the 1997 measures, the Committee notes that the policy package included feasibility studies based on research concerning discrimination against the Roma, as well as consideration of ways in which existing anti-discrimination legislation could be supplemented to promote application. The Committee requests the Government to provide copies of any such studies carried out, and indicate whether any modifications to the anti-discrimination legislation have been made or are contemplated. The Committee would be grateful if the Government would continue to provide information on any measures taken or envisaged to improve the situation of the Roma in the Hungarian labour market, including statistical data reflecting the progress achieved.

3. With regard to application of the principle of non-discrimination to all minority groups in the country, the Committee requests the Government to supply information on the establishment, structure and activities of the Parliament Committee on Minorities and Religious Affairs, as well as the Office of National and Ethnic Minorities.

4. Further to the Committee's previous comments regarding the draft revising section 75 of the Labour Code and its implementing Order No. 6/1982 of the Ministry of Health, the Committee notes that the draft, referred to by the Government as attached to the report, was not received. The Committee requests the Government to provide a copy of the draft legislation in its next report, and to indicate whether it has been adopted.

5. In respect of its earlier comments regarding measures taken to ensure equal opportunities for women, the Committee notes the establishment of the Women's Representative Council. Please supply information on the structure and activities of the Council, particularly as regards the implementation of the Government's equal opportunity policy in respect of access to employment and occupations, access to vocational training and terms and conditions of employment. The Committee also notes from the report the enactment of Decree No. 2174/1997 (VI.26) to implement the Hungarian action programme on women. The Government is requested to provide information on the manner in which the action programme is being applied in practice and the results achieved.

6. The Committee notes from the Government's report the measures under consideration to improve the situation of women in the Hungarian labour market, including conducting an investigation into the practical application of the system of sanctions established for violations of the national anti-discrimination legislation and developing vocational training and rehabilitation programmes that take into account the special problems of women re-entering the labour market. The Committee asks the Government to supply information on the status of the investigation and outcomes, if known. In addition, the Committee requests the Government to indicate the number of women participating in the vocational training and rehabilitation programmes mentioned above, the types of courses offered and the nature and extent of any placement services offered for those completing such training courses.

7. The Committee notes with interest the test case brought by the Equal Opportunities Secretariat of the Ministry of Labour, and the court's decision that sex and age requirements in job advertisements violated the plaintiff's constitutional and human rights. Please continue to provide information on judicial and administrative decisions relevant to the Convention.

8. Further to the Committee's earlier comments requesting information on the Government's cooperation with employers' and workers' organizations, it notes from the report that the Government has solicited proposals from the employer and worker sides of the Interest Reconciliation Council on how to stabilize the position of female employees and ensure equality of opportunity and treatment for men and women workers through the collective bargaining process. The Committee asks the Government to supply information in its next report on the progress made in this regard, and on any cooperative activities undertaken with the social partners to ensure equality of opportunity and treatment on all the grounds set forth in Article 1(1)(a) of the Convention.

9. The Committee notes the Government's statement that labour inspections must cover the employer's observance of the anti-discrimination legislation and regulations pertaining to the employment of women, minors and persons with changed work capacity. Please indicate the number of inspections conducted during the reporting period, the number of violations of the discrimination provisions registered, and the action taken.