Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belarus (Ratification: 1961)

Article 1 of the Convention. Sexual harassment. The Committee recalls that section 170 of the Penal Code may not provide adequate protection from all forms of sexual harassment in the workplace. The Committee notes that the Government’s report still does not contain information on any steps taken to adopt legal provisions defining and prohibiting sexual harassment in the workplace. It also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations, expressed its concern and recommended that the Government consider adopting civil legislation defining, prohibiting and preventing sexual harassment in the workplace (CEDAW/C/BLR/CO/7, 6 April 2011, paragraphs 31 and 32). The Committee asks the Government to consider adopting legal provisions defining and prohibiting sexual harassment in the workplace, both by employers and co workers, and to indicate any progress made in this respect. In the meantime, please also indicate any practical measures taken to address both quid pro quo and hostile environment sexual harassment, including through awareness raising activities.

Direct and indirect discrimination. The Committee recalls its previous comments asking the Government to consider amending section 14 of the Labour Code to provide for a more explicit prohibition of indirect discrimination. In the absence of information on any progress made in this regard, the Committee asks the Government to provide information on any steps taken towards amending section 14 of the Labour Code so as to provide for a more explicit prohibition of indirect discrimination. Please also provide copies of any judicial or administrative decisions relating to cases of indirect discrimination in violation of section 14 of the Labour Code.

Grounds of discrimination. Social origin. The Committee notes the Government’s indication that a draft law, which adds the grounds of social origin to section 14 of the Labour Code to the prohibited grounds of discrimination, was submitted to the Council of Ministers. The Committee asks the Government to provide information on the status of the draft law adding social origin to the prohibited grounds of discrimination in the Labour Code.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s indication that in January 2010, the grounds of age, place of residence and other circumstances were added to section 10 of the Law on Employment of the Population as grounds of discrimination. The Committee asks the Government to provide information on the practical application of section 10 of Law on Employment of the Population.

Article 2. Equality between men and women. The Committee notes that the Council of Ministers approved the National Plan of Action on Gender Equality 2011–15, which aims to promote balanced representation of men and women at all levels of management and control; to promote gender mainstreaming in the economic sphere, to further the development of entrepreneurship among women and increased competitiveness of women in the labour market. With regard to the National Plan of Action on Gender Equality for 2008–10, the Committee notes the Government’s indication that considerable attention was paid to ensuring employment of women, rendering social support to women during the period of job search, vocational training of unemployed women and development of entrepreneurship. As of January 2011, the rate of women in the total number of the unemployed decreased to 52.6 per cent, as compared to 60.7 per cent in January 2009. The Government also indicates that under the National Plan of Action on Gender Equality for 2008–10, specific measures included the following: (i) job vacancies fairs; (ii) vocational training of the unemployed among mothers, who have been absent from work for a long time due to childcare (140 women underwent labour rehabilitation under the programme “youth practice”, funded by the Ministry of Labour and Social Protection); and (iii) the employers creating jobs for women were given priorities to be granted budgetary loans. In 2009, 11,400 unemployed women, and in 2010, 10,700 unemployed women participated in vocational training in the occupations which are in the highest demand of the labour market. The Committee asks the Government to continue to provide information on the specific action taken and concrete results achieved by the various measures taken to implement the National Plan of Action on Gender Equality for 2011–15, as well as an indication of any obstacles that have been identified to achieve its objectives.

Equality of opportunity and treatment, irrespective of race, national extraction and religion. The Committee notes the general information provided by the Government on the measures taken to promote tolerance and coexistence among religious, ethnic and national minorities in the country, and on the dissemination of legal information by the National Centre of Legal Information under Presidential Decree No. 712 of 30 December 2010, on the improvement of the state legal information system. While noting the Government’s indication that instances of discrimination in employment on the basis of race, ethnicity or religious belief are presently not found, the Committee also notes the Government’s statement that it is difficult to assess the situation of national and religious minorities in the labour market, because national origin or religious affiliation is not indicated in the official records. Recalling that an absence of complaints of discrimination is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, or the absence of practical access to procedures (General Survey on fundamental Conventions, 2012, paragraph 870), the Committee asks the Government to indicate more specifically the activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation based on ethnic origin, race and religion, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. It also requests the Government to examine whether the applicable substantive and procedural provisions, in practice, allow victims of discrimination to bring their claims successfully. Please also provide information on any measures taken to assess, on a regular basis, the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment.

Migrant workers. The Committee recalls its previous comments regarding the need to protect all workers, including those in an irregular situation, against discrimination at work based on race, colour, sex, religion and the other grounds covered by the Convention. Noting that the Government is still not in a position to provide information on the matter, the Committee urges the Government to take measures to ensure that foreign workers are protected against discrimination on the grounds set out in the Convention, in particular, race, colour, sex, and religion, and to provide information on any progress made in this respect.

Article 5. Special measures of protection. Working time restrictions for certain women and prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. While noting the Government’s explanation on equal rights of men and women to take up parental leave (section 185 of the Labour Code), the Committee also notes that no apparent progress has been made with respect to the revision of section 263 of the Labour Code imposing working time restrictions on women having children under the age of 3 years in certain types of work. The Committee further recalls the list established by the Council of Ministers’ Decision No. 765 of 26 May 2000, concerning heavy manual work and work involving hazardous conditions for which women’s recruitment is prohibited. It notes the Government’s indication that there has been no application filed with the State Department of Expert Assessment of Working Conditions concerning permission to hire women in work included in the list of heavy manual work and work involving hazardous work. The Government also indicates that according to section 9 of the Law on Labour Protection, healthy and safe working environments are guaranteed for both male and female workers, and that the Regulation No. 9-80-98 (the “SanPiN 9-72 RB 98 standard”) which sets out the health and safety requirements with regard to working conditions for women is still under revision. The Committee once again asks the Government to revise the legislation so as to ensure that restrictions applying to women are limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers. The Committee also asks the Government to provide information on any progress made with a view to examining the possibility of allowing male workers with children to refuse overtime, work on holidays and rest days, and business trips when facing obstacles relating to family responsibilities.

Enforcement. The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation.