Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Administration Convention, 1978 (No. 150) - Belarus (Ratification: 1993)

The Committee notes the Government's report for the period ending 30 June 1997. It requests the Government to provide further information on the following points:

Article 4 of the Convention. Please indicate specific measures undertaken in order to achieve the proper coordination of the functions and responsibilities of a system of labour administration.

Article 5, paragraph 1. Please indicate the composition of the National Council on Labour and Social Matters and Conciliation Commissions on labour and social matters; indication of the most representative organizations of employers and workers in the Republic of Belarus; indication of the criteria and the procedure for their designation in such capacity.

Article 5, paragraph 2. The Committee asks the Government to indicate whether collective agreements can be concluded on the regional level and whether in the Republic of Belarus there are any institutional bodies for consultation, cooperation and negotiation between the public authorities and organizations of employers and workers, set up on the level of the different sectors of economic activities.

Article 6, paragraph 1. Please provide information on the distribution of competence in respect of national labour policy among the Commission on matters of labour, prices, employment and social protection of the population of the Supreme Council of the Republic of Belarus, the Council of Ministers, the Ministry of Labour and the bodies under subordination or guidance of the Ministry of Labour (the Labour Inspection Committee, State Employment Service, State Migration Service) as well as information about measures undertaken or envisaged in order to ensure effective cooperation among various bodies responsible for preparation, administration, coordination, checking and review of national labour policy.

Article 6, subparagraph 2(b). Please indicate whether the State Employment Service is authorized to draw attention to defects and abuses in the conditions of work and working life and terms of employment and to submit proposals on means to overcome them.

Article 6, subparagraph 2(c). Please indicate how the provision of services of the State Employment Service to employers and workers promotes the effective consultation and cooperation between public authorities and bodies and employers' and workers' organizations, as well as between such organizations.

Article 6, subparagraph 2(d). The Committee requests the Government to indicate whether the State Employment Service has the duty to make technical advice available to employers and how employers can obtain such technical advice.

Article 7(a). Please indicate whether in the Republic of Belarus the scope of the system of labour administration covers tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers and whether measures have been undertaken or envisaged in order to promote the extension of its functions to include activities relating to the conditions of work and working life of such persons.

Article 7(b). Please indicate whether in the Republic of Belarus the scope of the system of labour administration covers self-employed workers who do not engage outside help and whether measures have been undertaken or envisaged in order to promote the extension of its functions to include activities relating to the conditions of work and working life of such persons.

Article 7(d). Please indicate whether in the Republic of Belarus there are persons working under systems established by communal customs or traditions and whether measures have been undertaken or envisaged in order to promote the extension of the functions of the system of labour administration to include activities relating to the conditions of work and working life of such persons.

Article 10, paragraph 1. The Committee requests information in respect of access of the staff of labour administration system to training.

Article 10, paragraph 2. The Committee asks the Government to provide information on the material means and the financial resources allocated to the staff of the labour administration for the performance of its duties.

Part III of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part IV of the report form. The Committee asks the Government to give general appreciation of the manner in which the Convention is applied.

Part V of the report form. Please provide information in this respect.

Part VI of the report form. Please indicate the specific names of the representative organizations of employers and workers to which copies of it have been communicated in accordance with article 23, paragraph 2 , of the Constitution of the International Labour Organisation.

The Committee would appreciate if the Government would provide copies of the following documents:

-- Criminal Code of the Republic of Belarus;

-- Decree No. 30 of the President of the Republic of Belarus "on the system of republican bodies of state administration subordinated to the Government of the Republic of Belarus", dated 11 January 1997;

-- Resolution of the Supreme Soviet of the Republic of Belarus on accession of the Republic of Belarus to ILO Conventions No. 26, No. 144 and No. 150, dated 30 June 1992;

-- Regulations on the State Committee for supervision over safe conduct of works in industry and nuclear energetics, approved by Resolution No. 235 of the Council of Ministers of Belorusskaya SSR, dated 13 July 1982, as amended by Resolution No. 195 of the Council of Belorusskaya SSR, dated 21 May 1991;

-- Resolution No. 166 of the Council of Ministers of the Republic of Belarus on the state expert examination of the conditions of labour, dated 26 April 1991;

-- Resolution No. 463 of the Council of Ministers of the Republic of Belarus on the approval of Regulations on the State Committee on labour and social matters, dated 5 December 1991;

-- Resolution No. 832 of the Council of Ministers of the Republic of Belarus "On measures for regulation of external labour migration", dated 10 December 1993;

-- Resolution No. 431 of the Cabinet of Ministers of the Republic of Belarus on the approval of Regulations on the Ministry of Labour of the Republic of Belarus, dated 8 August 1995 (as subsequently amended);

-- Resolution No. 566 of the Cabinet of Ministers of the Republic of Belarus on the insertion of changes and additions to the Regulations on the Ministry of Labour of the Republic of Belarus, dated 13 October 1995;

-- Resolution No. 336 of the Council of Ministers of the Republic of Belarus on the insertion of changes and additions to the Regulations on the Ministry of Labour of the Republic of Belarus, dated 14 April 1997;

-- Order of the Prosecutor General of the Republic of Belarus concerning the cooperation between the Office of the Public Prosecutor and the Labour Inspection Committee.