International Centre for Trade Union Rights

Out of the frying pan, into the fire?Author(s): Attila BalintSource: International Union Rights, Vol. 1, No. 2, No carnival for Brazilian women (SECONDQUARTER 1992), p. 36Published by: International Centre for Trade Union RightsStable URL: http://www.jstor.org/stable/41936957 .

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EUROPE REPORT □ HUNGARY

Out of the frying

pan, into the fire?

"Those who declare they are happy with justice as it is, are renouncing it in the same breath" Bousset(i 627-1704)

Freed from their

domination by the

Communist Party,

trade unions find

their recent

freedoms under a

new threat from a

management that

sees them as

obstacles to their

power. Attila

Balint reports

Attila Balint is a radio journalist and the spokesman of the National Confederation of Hungarian Trade Unions since its formation in 1990

A could

young

Hungarian

shedding bird

characterise its

trade

testing skin?

unions.

its The

the

wings, above

The situation

or

change

analogy a snake

of of

shedding its skin? The above analogy could characterise the situation of Hungarian trade unions. The change of

regimes in Eastern Central Europe presumes a market economy and a citizenry capable of using their rights.

The results so far are a 10 per cent, and still rising, level of unemployment, impoverishment and decline of social care and emotional turmoil stemming from difficulties in adjusting to the rapidly changing society. For the employee it is hard enough to solve his/her own economic problems let alone consciously build and strengthen union organisations. There are also many new political and legal obstacles when attempting to do so.

The activities of trade unions and other aspects of the social partnership, are not a priori- ty of most of Hungarian legislators. The intend- ed social partnership, between the Government, the employers and the trade unions, exists on paper alone.

The state continues to be the biggest employ- er. The politicians regard the trade unions as obstacles to 'progress'. In addition, the disunity of the Hungarian trade union movement (9 con- federations, over 1,000 registered trade unions riven with conflict over the division of assets) is seen as an indication that the trade unions do not have to be taken seriously.

To organise and to be organised is possible. The international labour conventions ratified by Hungary and the Hunga- rian Constitution provide for unrestricted organisa- tion in the work-place. But how unrestricted can organisation be when the employee entering a work- place is told that, "the new owners do not want to even hear a mention of trade unions! And you can choose between a job or a trade union. But if it is the latter then you better go somewhere else." This blackmail is a common occurence.

The new Labour Code devotes separate chap- ters to safeguarding the right to build a trade union. The rest is up to the trade unions them- selves and, of course, their members.

For many decades the trade unions could have a say in practically everything. As one of the corners of the so called factory-rectangle Factory director, party secretary, secretary of the

Communist Youth League, and trade union sec- retary). The union supervised production, watched over discipline, and as a transmission belt it implemented "the will of the party and people" in production. It also had a right to a veto.

With the emergence of the market economy, this concept of a trade union role lost ground. The new Labour Code only gives to the trade unions no more than the minimum rights toler- ated in a market economy.

On all issues which affect the work collective, or its majority, like working conditions, trade unions have to be informed of any proposed changes and their opinions taken into considera- tion. Only after consultation can a decision be taken. Although a legal right to appeal against management decisions does exist, the law is a minefield for trade unions involved in such a dispute.

The new law leaves the conclusion of a col- lective agreements to the trade unions. However, taking into account the diversity of the trade union movement, the law has been widened by rules concerning majority represen- tation.

Collective agreements are not compulsory, but they are in the best interest of both manage- ment and the unions to prevent anarchy. Workers' participation in leadership is a novel institution in Hungary, but well-known in Europe where it takes the form of factory coun- cils or union representation on the manage- ment.

From among the legal rights possessed earlier by the trade unions the right of collective deci- sion making now rests with the factory council as does the use of funds for welfare purposes, and the right to advice on issues concerning liv-

The new owners do not want to even hear of

trade unions. And you can choose between

a job and a reasonable income or a trade union

ing and working condi- tions of the employees. In case of a strike the council has to remain impartial throughout. The new Labour Code adopted by Parliament in mid-April, and coming into force in early July, compels the Hungarian trade unions to take important steps.

The legal regulations at a macro level do not rule out the launching of a struggle for rights going beyond what is at present permissible in law. It is, for example, in the best interests of the trade unions to win positions in the factory councils to create a 'counter-weight' to manage- ment.

Still, a great deal of water will probably flow under the bridges of the Danube before the Hungarian trade union officials adjust to their new roles and learn to use the space offered by the present legal framework □

INTERNATIONAL UNION RIGHTS

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