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

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

The Committee notes the information contained in the Government’s report and the conclusions of the Committee on Freedom of Association in its review of the measures taken by the Government to implement the recommendations made by the Commission of Inquiry (339th Report, approved by the Governing Body at its 294th Session). The Committee further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in law and in practice and requests the Government to transmit its observations thereon.

In its previous comments, the Committee noted the Government’s indication that it had established a special experts advisory group, including representatives of Government, trade unions, employers’ associations, non-governmental organizations and academics, to conduct a comprehensive review of its entire system of social and labour relations. The Committee trusted that the advisory group would represent a broad spectrum of society and, in particular, that the trade union representation would include all the national-level trade unions and requested information from the Government as to the composition of this advisory group.

The Committee notes from the Government’s latest report that trade union representatives had been invited from both the Federation of Trade Unions of Belarus (FPB) and the Congress of Democratic Trade Unions (CDTU) to participate in this expert advisory group, the Council for the Improvement of Legislation in Social/Labour Spheres. The Council held its first meeting in August 2005 and considered the following two questions: what form of contract should be used for workers in Belarus; and conceptual approaches for improving the Law on Trade Unions. The Council decided that it would examine these questions further at its next meeting. As regards the comments made by the CDTU on 27 August 2004 with respect to a number of proposed amendments to the Law on Trade Unions, which it considered would lead to the dissolution of independent trade unions and the establishment of a state-controlled trade union monopoly, the Committee refers to its comments under Convention No. 87. The Committee requests the Government to keep it informed of developments in the work of the Council for the Improvement of Legislation in Social/Labour Spheres and, in particular, of any progress made by this Council in implementing the recommendations of the Commission of Inquiry.

Articles 1 and 3 of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to review and redress all complaints of anti-union discrimination that had been raised in the Article 26 complaint and to indicate the progress made in putting into place truly effective procedures for protection against such discrimination and other retaliatory acts. The Committee notes that the Government merely refers to the prohibition of acts of anti-union discrimination provided for in the Law on Trade Unions and the possibility of workers having recourse to the judicial system if they consider their rights have been violated. The Government further refers to the constant monitoring it undertakes with respect to application of the contractual form of employment in practice and provides statistics on the number of labour inspections carried out and the number of violations of the labour legislation that were found, the fines imposed and the disciplinary sanctions given.

The Committee regrets, however, that the Government has not provided any information as to the steps taken to review and redress the complaints of anti-union discrimination that had been raised in the Article 26 complaint, nor as to the adoption of any new mechanisms to ensure that this protection is effectively ensured in practice. The Committee notes with deep concern from the conclusions of the Committee on Freedom of Association in respect of the measures taken by the Government to implement the recommendations of the Commission of Inquiry that, not only has the Government provided no information as to the measures taken to institute independent investigations into these complaints, but in addition, several persons who had testified before the Commission have subsequently found themselves without employment (see 339th Report, paragraph 83). The Committee urges the Government to provide detailed information, in its next report, on the measures taken to review not only the earlier complaints of anti-union discrimination, but also those that have recently come to light in the examination of the follow-up given by the Government to the Commission’s recommendations. It further urges the Government rapidly to adopt new, improved mechanisms and procedures to ensure effective protection against all types of anti-union discrimination and, in particular, to redress the situation of those who have lost their employment and to keep it informed of the measures taken in this regard.

Article 2. In its previous comments, the Committee noted the Government’s indication that it was taking measures to inform all directors of enterprises, including those who were trade union members, of the inadmissibility of any form of interference in trade union activities. It requested the Government to provide further information on the precise measures taken in this regard, as well as any notable impact such measures might have had in curbing managerial interference in trade union affairs.

The Committee notes that the Government refers to a special letter of instruction that was sent to all parties concerned, explaining the norms set by current national legislation and international labour standards. The Committee requests the Government to transmit a copy of this letter with its next report, as well as a precise indication of those parties to whom it was sent.

Articles 1, 2, 3 and 4. Having noted in its previous comments the conclusions of the Commission of Inquiry with respect to the impact of the many acts of interference and anti-union discrimination, as well as the consequences of non-registration, upon the collective bargaining rights of a number of primary-level trade unions, the Committee trusted that the Government would take all necessary measures to ensure the full enjoyment of collective bargaining rights by all these organizations. The Committee notes the Government’s indication that it does not have any information regarding actual refusals by employers to conduct collective bargaining with trade unions.

The Committee would recall that the concern expressed by the Commission of Inquiry related not only to direct refusals to negotiate with trade unions, but the evident impact unjustified denial of registration would have on a trade union’s ability to bargain collectively. In this regard, the Committee notes from the recent conclusions of the Committee on Freedom of Association that no progress appears to have been made in respect of the Commission of Inquiry’s recommendations to register the primary-level organizations that were the subject of the complaint. In addition, the Committee notes with concern from these conclusions that the spillover of non-registration of these primary organizations has led to the denial of registration of three regional organizations of the Belarussian Free Trade Union (BFTU) (organizations in Mogilev, Baranovichi and Novopolotsk-Polotsk) (see 339th Report, paragraph 76). The Committee therefore trusts that the Government will take urgent measures to ensure the re-registration of these organizations both at the primary and the regional level so that they may once again enjoy the right to bargain collectively.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]