Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest period (industry)), and 132 (annual holiday with pay) together.

The Committee notes the observations of the Democratic League of Independent Trade Unions (LIGA) on the application of Convention No. 132, communicated with the Government’s report.

Weekly rest

Article 5 of Convention No. 14. Compensation. The Committee notes that according to section 143(4) of the Labour Code, when overtime work is ordered on a scheduled weekly rest day, the employer is obliged to pay either 100 per cent wage supplement or a 50 per cent wage supplement if the employer provides a compensatory rest day. The Committee observes that this provision implies that the employer is not always obliged to provide compensatory rest of at least 24 hours per week when work has been performed during the weekly rest period. The Committee requests the Government to indicate the measures taken or envisaged to ensure that as far as possible, provision for compensatory periods of rest for the suspensions or diminutions to weekly rest are made, as required by this Article of the Convention.

Annual holidays with pay

Article 5(4) of Convention No. 132. Periods of incapacity to be counted as periods of service. The Committee notes with interest that section 115(2)(e) of the Labour Code, which provided that only 30 days of incapacity for work per calendar year counted as part of the qualifying period of service, has been replaced by new section 115(2)(f) which includes in the qualifying period of service the whole period of incapacity without setting a limit. The Committee takes note of this information, which addresses its previous request.

Article 6(2). Periods of incapacity not to be counted as annual holidays. The Committee notes that, from a combined reading of section 55(1)(a) and section 115(2)(f) of the Labour Code, periods of temporary incapacity for work are not counted as annual holidays. The Committee takes note of this information, which addresses its previous request.

Article 14. Enforcement. The Committee notes that, in its observations, the LIGA refers to the inefficiency and low number of inspections and the lack of deterrent effect of the fines imposed. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81), in relation to this issue.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2, 4 and 5 of the Convention. Entitlement to weekly rest – Total or partial exceptions – Compensatory rest. The Committee notes that a new Labour Code, Act I of 2012 came into effect on 1 July 2012. It notes, in particular, that under section 105 of the new Labour Code, workers are entitled to two weekly rest days and they must be allocated at least one weekly rest day per month on a Sunday. Section 105 also provides that in the case of irregular work, one rest day must be granted in every week except for employees engaged in shift work or in seasonal jobs. The Committee accordingly requests the Government to specify how the basic standard of the Convention, that is 24-hour continuous rest per week, is given effect with regard to shift workers.

In addition, the Committee notes that work on a weekly rest day may exceptionally be performed on three separate grounds: in the case of regular Sunday work (section 101), overtime (section 108), and on-call and stand-by duty (section 110). In all these cases, work may be performed on a continuous rest day in a manner that possibly does not permit an uninterrupted rest of at least 24 hours, in which case the need for compensatory rest might arise. The Committee notes, in this regard, that whereas section 143(3) of the Labour Code provides that the employer may propose another day of rest as an alternative form of overtime compensation, sections 140(1) and 144(1) provide only for extra pay in the cases of regular Sunday work and on-call and stand-by duty. The Committee trusts that the Government will take at the next suitable occasion appropriate steps to ensure that when workers are required on whatever grounds to perform work on a weekly rest day, they are granted, as far as possible, compensatory rest irrespective of any monetary compensation.

Moreover, the Committee notes that under section 143(5) and (6) of the Labour Code, the compensatory rest that the employer may decide to propose in the case of overtime work must be granted at the latest during the month following the month when the overtime work was performed while by agreement of the parties, it may be provided at the latest by 31 December of the following year. The Committee wishes to recall, in this respect, that according to the spirit of the Convention workers should enjoy a minimum period of rest and leisure at as much as possible regular and reasonably short intervals, and it is in this sense that Paragraph 3 of the Weekly rest (Commerce and Offices) Recommendation, 1957 (No. 103) indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee accordingly requests the Government to re-examine the appropriateness of a provision that permits to defer the granting of compensatory rest for several months even if this is subject to prior agreement between the employer and the employee.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5(4) of the Convention. Periods of incapacity to be counted as periods of service. The Committee notes the Government’s explanations that under section 115(1)(e) of the Labour Code, paid annual leave includes any duration of incapacity up to thirty days per calendar year, and therefore an employee is not entitled to leave for any period of temporary incapacity exceeding thirty days. The Committee wishes to observe, in this respect, that absences from work for reasons beyond the control of the worker, such as illness or injury should in principle be counted as part of the period of service – and therefore holiday should accrue during such absences – although the Convention gives the competent authority in each country a certain discretion to determine the specific conditions under which these absences are to be considered periods of service for the purpose of holiday entitlement. The Committee also calls attention to recent case law of the European Court of Justice (Case C-520/06) which has confirmed that employees on a long-term sick leave should be entitled to the same number of annual holidays as employees who are not ill. The Committee accordingly requests the Government to keep the Office informed of any steps taken or envisaged with a view to revising section 115(1)(e) of the Labour Code.

Article 6(2). Periods of incapacity not to be counted as annual holidays. Further to its previous comment, the Committee notes the Government’s indication that no holidays may be granted for periods of incapacity to work since according to section 55(1)(a) of the new Labour Code of 2012, employees are exempted from work duty if they are unfit to work. The Government further states that, in the event that an employee falls sick during his annual leave, the days off shall continue as sick leave while the remaining days of the interrupted holidays are not lost but may be used later. The Committee requests the Government to keep the Office informed of any further measures, administrative or others, to determine the conditions under which periods of temporary incapacity for work may not be counted as part of the minimum annual holiday (for example, the need to provide a medical certificate).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, and Article 4, paragraph 1, of the Convention. Basic standard and exceptions to weekly rest. The Committee notes the Government’s reply to its previous comment that accumulating periods of rest is merely a flexible working time arrangement and does not result in any reduction of rest granted annually. It also notes the Government’s statement that section 124(7) of the Labour Code upholds the requirement that determining periods of rest in deviation from Article 2 of the Convention be conditional upon collective agreement and therefore always subject to prior consultations, as required by Article 4 of the Convention. The Committee further notes that section 124(5)(c) of the Labour Code, as amended by Act CLIV of 2005, permits the period of rest to be granted in an accumulated manner over a reference period which has been increased from one to two months, subject to the agreement of the parties.

In this regard, the Committee is obliged to recall that Articles 2 and 4 of the Convention are sufficiently clear in setting out a basic standard and authorizing limited exceptions to weekly rest. The Committee wishes to emphasize that the Convention is articulated around three principles: regularity (rest to be taken at seven-day intervals), continuity (rest of at least 24 consecutive hours) and uniformity (weekly break to be taken simultaneously by all workers). These are minimum standards, which governments are bound to apply and enforce, either through national laws and regulations, or by ensuring that collective agreements contain at least as favourable provisions. The Convention permits, of course, total or partial exceptions from the general weekly rest standard set out in Article 2 (including suspensions or diminutions), especially when the inherent need to keep certain establishments in operation on the day of rest (e.g. continuous processes, transport, hospitals, hotels, newspapers, etc.) or exceptional conditions (e.g. accidents, force majeure or urgent work to premises or equipment) so require. It seeks to guarantee, however, that total or partial exceptions to the normal weekly rest are authorized on as limited grounds as possible, and in any case only after due consideration having been given to all social and economic implications and needs. The Committee therefore considers that authorizing the postponement and accumulation of rest days over a period of two months subject to an individual labour agreement goes beyond what is permitted by the Convention and therefore the Government should re-examine all relevant provisions of the Labour Code with a view to bringing them into line with the letter and the spirit of the Convention which seeks to ensure that workers enjoy a minimum period of rest and leisure at regular weekly or, in any event, reasonably short intervals.

Part V of the report form. Application in practice. The Committee notes the statistical data and judicial decisions provided by the Government, in particular the information on inspection visits, prominent types of infringements and sanctions with regard to weekly rest. It would appreciate if the Government would continue providing up to date information on the practical application of the Convention, including copies of collective agreements containing clauses on weekly rest, annual activity reports of the labour inspectorate, etc.

Finally, the Committee wishes to draw the Government’s attention once again to the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and recalls that the ILO Governing Body has decided to include that instrument among the up to date instruments the ratification of which should be promoted (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The ratification of Convention No. 106 would appear all the more advisable as the weekly rest legislation of Hungary is of general scope, applying to industry and commerce alike. The Committee therefore strongly encourages the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the explanations provided by the Government concerning the application of Articles 5(1) and 8(2) of the Convention and wishes to obtain further clarifications on the following points.

Article 6, paragraph 2, of the Convention. Periods of incapacity not to be counted as annual holidays. The Committee notes the Government’s reference to decision BH 1997.87 in which the Supreme Court ruled that, although there are no statutory provisions for the procedure to be followed in the event of receiving sick pay during annual leave, in established judicial practice, the working days during which employees are verified to have been incapable of working are not considered as part of their annual leave. While noting this important judicial pronouncement, the Committee requests the Government to consider taking appropriate measures in order to determine the conditions under which periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay, as prescribed by this Article of the Convention.

Article 7, paragraph 1. Remuneration during annual leave. The Committee has been commenting on section 26 of Government Order No. 24/1994 which provides that the holiday pay for homeworkers should not be less than 30 per cent of the amount of the statutory minimum wage, therefore being inconsistent with Article 7(1) of the Convention which requires the payment of the worker’s normal or average remuneration for the full period of the annual holiday. In its response, the Government states that homeworkers are not considered as employees and therefore, they do not fall within the Convention’s scope of application. In this connection, the Committee is bound to observe that, by virtue of its Article 2(1), the Convention applies to all employed persons with only the exception of seafarers, and consequently homeworkers are fully covered by its provisions, since they are indeed employees who do paid work out of their own homes for an employer. While noting that the Government’s statement seems in contradiction with Government Order No. 24/1994 which recognizes at least four weeks’ paid annual holidays to homeworkers, the Committee requests the Government to provide additional explanations in this regard and also to indicate how it is ensured that these workers receive no less than their normal or average remuneration in respect of the entire period of their annual leave, as required under this Article of the Convention.

Article 9. Postponement of annual holidays. The Committee notes the Government’s reference to the decision of the Constitutional Court of March 2007, according to which the postponement of annual leave on account of the employer’s economic interests of particular importance, as provided for in section 134(3)(a) of the Labour Code, was declared unconstitutional mainly on the understanding that the ill-defined concept of “economic interests of particular importance” would risk to arbitrarily and disproportionately restrict the workers’ constitutional right to rest. Following this decision, the Labour Code was amended by Act XIX of 2007 and, as a result, the Labour Code now specifies in section 134(3)(a) the time limits within which the annual leave must be granted and taken. The Committee also notes the Government’s indication that the tripartite National Interest Reconciliation Council (OÉT) was consulted in the process of amending the Labour Code.

Part V of the report form. Application in practice. The Committee notes the copies of the judicial decisions as well as the labour inspection results provided by the Government in its report. It would appreciate if the Government would continue providing up to date information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (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 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it is ensured full conformity with the requirements of the Convention in this regard.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (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 5, paragraphs 1 and 2, of the Convention. The Committee notes that, notwithstanding section 134(2) of the Labour Code, which provides that, except for the first three months of employment, the employer should grant one quarter of the basic leave at the time requested by the employee, it is not clear whether the Labour Code sets a minimum qualifying period of service for an entitlement to any annual holidays with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention the minimum period of service for such an entitlement must not exceed six months. It requests the Government to provide the necessary clarifications in this respect.

Article 6, paragraph 2. The Committee notes the Government’s indication that although the Labour Code does not contain an express provision on this point, the position unequivocally adopted in practice is that if the worker loses his/her earning capacity whilst on holidays, the period of loss of the earning capacity should not count as part of the annual paid leave. The Committee requests the Government to indicate the measures taken or envisaged in order to give legislative expression to the above practice.

Article 7, paragraph 1. The Committee notes that with respect to outworkers, section 26 of the Government Order 24/1994 requires that remuneration should be agreed in advance and should not be less than 30 per cent of the guaranteed minimum wage. This falls short of the obligation to provide an employee in respect of the full period of holiday with at least his/her normal or average remuneration (including the cash equivalent of any allowances in kind). The Committee therefore requests the Government to take the necessary measures to bring its legislation into line with the Convention in this regard.

Article 8, paragraph 2. The Committee notes that there seems to exist no provision in the Labour Code ensuring that when annual holiday with pay is divided into parts, one of the parts consists of at least two uninterrupted working weeks. It therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention in both law and practice.

Article 9, paragraph 3. The Committee requests the Government to indicate whether and how the organizations of employers and workers concerned were consulted for the determination of the time limits specified in section 134(3)(a) of the Labour Code concerning the deferment of the annual leave.

Part V of the report form. The Committee notes with interest the detailed statistical information and the copies of judicial decisions communicated by the Government in its reports. It would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first three reports on the application of the Convention and wishes to draw its attention to the following points.

Article 5, paragraphs 1 and 2, of the Convention. The Committee notes that, notwithstanding section 134(2) of the Labour Code, which provides that, except for the first three months of employment, the employer should grant one quarter of the basic leave at the time requested by the employee, it is not clear whether the Labour Code sets a minimum qualifying period of service for an entitlement to any annual holidays with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention the minimum period of service for such an entitlement must not exceed six months. It requests the Government to provide the necessary clarifications in this respect.

Article 6, paragraph 2. The Committee notes the Government’s indication that although the Labour Code does not contain an express provision on this point, the position unequivocally adopted in practice is that if the worker loses his/her earning capacity whilst on holidays, the period of loss of the earning capacity should not count as part of the annual paid leave. The Committee requests the Government to indicate the measures taken or envisaged in order to give legislative expression to the above practice.

Article 7, paragraph 1. The Committee notes that with respect to outworkers, section 26 of the Government Order 24/1994 requires that remuneration should be agreed in advance and should not be less than 30 per cent of the guaranteed minimum wage. This falls short of the obligation to provide an employee in respect of the full period of holiday with at least his/her normal or average remuneration (including the cash equivalent of any allowances in kind). The Committee therefore requests the Government to take the necessary measures to bring its legislation into line with the Convention in this regard.

Article 8, paragraph 2. The Committee notes that there seems to exist no provision in the Labour Code ensuring that when annual holiday with pay is divided into parts, one of the parts consists of at least two uninterrupted working weeks. It therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention in both law and practice.

Article 9, paragraph 3. The Committee requests the Government to indicate whether and how the organizations of employers and workers concerned were consulted for the determination of the time limits specified in section 134(3)(a) of the Labour Code concerning the deferment of the annual leave.

Part V of the report form. The Committee notes with interest the detailed statistical information and the copies of judicial decisions communicated by the Government in its reports. It would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it ensures that these provisions are not abused.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Article 4, paragraph 1, of the Convention. Exceptions. This Article provides that each member may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of Article 2, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers, wherever such exist. Section 124(4) of the Labour Code permits a deviation from paragraphs (2) and (3) for work of a seasonal nature.

The Committee requests the Government to indicate in its next report whether the exceptions made under section 124(4) may reduce the weekly rest period provided under section 124(1), (2) of the Labour Code for workers in industrial undertakings.

Article 4, paragraph 1. Consultations. Section 124(3), (4) of the Labour Code does not contain provisions respecting consultations required on the authorization of exceptions. The Government has indicated that possible exceptions under section 124(3) are based on a unilateral decision by the employer and that exceptions under section 124(4) are at the employer’s discretion. Accordingly, no consultations appear to be necessary before determination of a rest period different from Article 2 of the Convention. The Committee wishes to point out that the current national legislation and practice are not in conformity with Article 4 of the Convention. It requests the Government to inform the Committee about steps undertaken to ensure full application of the Convention and to state the methods adopted for consulting the responsible associations of employers and workers.

Article 6, paragraph 1. This Article provides that each Member shall draw up a list of the exceptions made under Articles 3 and 4 of this Convention and shall communicate it to the International Labour Office, and thereafter any modifications of this list. The Committee requests the Government again to furnish a list of the exceptions made under Article 4 in accordance with Article 6 of the Convention.

Part I of the report form. The Committee notes the forthcoming amendment of the National Labour Code due to the transposition of the EU acquis communautaire. It requests the Government to keep it informed of the developments and to supply a copy of the relevant legal texts, once adopted.

Parts III-V of the report form. The Committee requests the Government to provide information in respect of the practical application of the Convention by referring to all questions under Parts III-V. In particular, with reference to Part V of the report form, please give a general appreciation of the manner in which the Convention is applied in your country, including extracts from the reports of the inspection services, information concerning the number of workers covered by the relevant legislation and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information provided in the Government's report and the adoption of the Labour Code (Act No. 22) of 1992. The Committee requests the Government to provide additional information, in future reports, on the following points:

Articles 4 and 5 of the Convention. The Committee notes that section 124, subsections (3) and (4), of the Labour Code permits certain exceptions to the weekly rest period provided for in section 124, subsections (1) and (2). The Committee requests the Government to provide information on the practical application of these exceptions, and on any consultations with the responsible associations of employers and workers in this regard. It would be grateful if the Government would also indicate what measures exist to ensure compensatory rest periods for seasonal workers, in particular.

Article 6. The Committee requests the Government to furnish a list of the exceptions made under Article 4 of the Convention.