Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Belarus (Ratification: 1956)

The Committee notes the Government's report.

Articles 1 and 2 of the Convention. With reference to the necessity of providing in legislation effective and sufficiently dissuasive sanctions against employers guilty of carrying out acts of anti-union discrimination against workers and acts of interference against workers' organizations, the Committee notes with regret that the Government merely indicates in its report that section 135 of the Labour Code provides for sanctions for violation of the Code. Indeed, the Committee observes that this section is designed to punish workers for breaches of labour discipline and therefore does not apply the provisions of the Convention.

The Committee requests the Government to supply with its next report copies of the other legislative provisions mentioned in its report under which violations of labour legislation are punishable, namely:

- section 41 of the 1984 Code, as amended, on administrative liabilities;

- paragraph 4 of Decision No. 664 of the Council of Ministers of 30 September 1993;

- sections 133 and 134 of the Criminal Code, as amended; and

- sections 442, 444, 456 and 460 of the Civil Code, as amended,

to enable it to ascertain to what extent the Convention is applied to employers who do not respect the provisions of the Convention.