Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Employment Policy Convention, 1964 (No. 122) - Belarus (Ratification: 1968)

Articles 1 and 2 of the Convention. Measures to promote employment. The Committee notes the Government’s report received in September 2009 containing replies to the 2008 direct request. The Committee also recalls its 2009 observation, including comments submitted by the Belarusian Congress of Democratic Trade Union (CDTU), which indicated that short-term contracts, in practice, limit workers’ rights to free choice of employment. Under Presidential Decree No. 29 of 1999, employers may conclude fixed-term contracts with all categories of employees, including those who already have indefinite contracts. The CDTU argued that such legal framework hinders the workers’ right to free choice of employment and is contrary to the spirit of the Convention. The CDTU drew attention to instances of abuse by some employers in Bobruisk and Novopoltok, who have threatened workers with dismissal and non-renewal of fixed-term contracts. In its General Survey of 2010 concerning employment instruments, the Committee indicated that the realization of the right to work as a basic human right can be attained through the promotion of full, productive and freely chosen employment as the cornerstone of economic and social policies. The Committee, referring to Article 1(2)(c) considered that, similar to the United Nations Committee on Economic, Social and Cultural Rights, the right to work included the obligation to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly (paragraphs 48 and 49 and summary on page 24 of the 2010 General Survey). The Committee thus hopes that the Government will report on the regulations adopted to generate decent jobs with adequate protection specifying how it has been possible to satisfy the employment needs of the workers whose short-term contract of employment has ended.

Active employment policy. Coordination with economic and social policy. The Government recalls that the State Employment Promotion Programme, aimed to enhance the effective use of available human resources, is annually approved by the Council of Ministers. According to the data provided by the Government in its report, the unemployment rate was at 0.8 per cent of the total economically active population in January 2009. In 2008, 4,522,600 persons were employed; 162,700 new jobs have been created, including 1,492 temporary jobs under the Youth Work Experience Programme; 23,200 permanent jobs for unemployed persons; and 509 partially subsidized jobs for persons with disabilities. The Committee requests the Government to continue providing information in its next report on policies and programmes promoting full employment and how these policies and programmes will translate into productive and lasting employment opportunities for the unemployed and those categories of workers most affected by the crisis.

Equitable regional development. In reply to previous requests, the Government indicated that, as part of the State Employment Programme for 2008, it had taken several labour market measures to address the consistently high level of unemployment in 36 small and medium-sized towns, villages and regions. The Government indicates that out of 31,000 jobs created, 7,700 were in small towns and contributed to a subsequent decrease in unemployment rates among those which were otherwise consistently high. The Committee asks the Government to continue providing information on the measures taken to address high levels of unemployment in small and medium-sized towns, as well as the results of such measures.

Vulnerable categories of workers. The Committee notes that the State Employment Programme for 2008 includes particular measures for those who are unable to compete on equal terms in the labour market. The Government indicates that in 2008 the local authorities reserved a total of 25,600 jobs for persons with disabilities, young persons, and persons released from correctional institutions. The Government also communicates that subsidized jobs have been created to provide temporary employment to young persons who are graduates of higher educational institutions, specialized schools, and vocational and technical schools. The Government reports that the unemployment rate for women decreased from 66 per cent in January 2008 to 60.6 per cent in 2009. The Committee asks the Government to continue providing information on the active measures adopted to promote employment for vulnerable categories of workers and the impact of such measures.

Education and vocational training policies. The Committee notes that the national system of vocational training is developed and implemented under the Regulations on the Organization of Vocational Training, Retraining and Further Training of the Unemployed (Order No. 1334 of 2006) and the Regulations on the Continuous Training of Manual and Non-Manual Workers (Order No. 599 of 2007). The Government explains that the vocational training provided is shaped by the regional labour market situation, as determined annually by different bodies of the state employment service, and that unemployed persons are provided with compensation during the period of their training. The Government communicates that a total of 22,300 unemployed persons received vocational training in 2008; 11,000 of them were trained in their first occupation, 9,600 underwent retraining, and 1,600 received further training. The Committee invites the Government to provide information on the impact of the measures mentioned above on enabling a better alignment of vocational education and future labour market needs.

Article 3. Participation of social partners. The Committee notes that the Ministry of Labour and Social Protection consulted the Federation of Trade Unions of Belarus (FPB) and the Belarusian Confederation of Industrialists and Entrepreneurs (BCIE) in the design and implementation of the State Employment Programme for 2009–10. The Government indicates that the General Agreement for 2009–10, signed in December 2008 by the Government, the national employers’ organizations, and the trade unions, contains a chapter entitled “Development of the labour market and employment promotion”, emphasizing the need to prioritize active labour market measures. Furthermore, the tripartite National Council for Labour and Social Issues convenes every six months to supervise compliance with the General Agreement. The Committee also notes that the interests of the agricultural sector are represented in the National Council for Labour and Social Affairs by the Agricultural Sector Workers’ Union (ASWU), a workers’ organization, and the Belarusian Agroindustrial Union (BelAPS), an employers’ organization. The Committee invites the Government to continue providing information on participation of the social partners in employment policy formulation and implementation.