Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee notes the information provided by the Government and the discussion that took place in the Conference Committee on the Application of Standards on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in June 2013. The Committee also notes the 369th Report of the Committee on Freedom of Association on the measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry.

The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 30 August 2013 detailing violations of the Convention.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee recalls that it had previously noted with concern numerous detailed allegations of anti-union discrimination, including discriminatory use of fixed-term contracts, and interference, threats and pressure put on workers to leave their unions and urged the Government to take the necessary measures to ensure that these allegations were brought to the attention of the Council for the Improvement of Legislation in the Social and Labour Sphere (“the Council”) without further delay and to provide information on the outcome of the discussion and on any remedial measures taken. The Committee had further noted with regret the case of Mr Aleksey Gabriel, leader of a primary-level organization of the Belarusian Free Trade Union (BFTU) who was dismissed following the non-renewal of his employment contact, and requested the Government to provide information on his current employment status.

With regard to the case of Mr Gabriel, the Committee notes the Government’s indication that he has reached the retirement age and is currently not employed. With respect to the allegations of anti-union discrimination and interference, the Government indicates that the submission of allegations to the Committee is not enough for these allegations to be examined by the courts, the Prosecutor’s Office or the Council; the complainant organizations must initiate these procedures. The Committee understands that the Government appears to indicate that no complaints relating to the abovementioned cases have been officially addressed to these bodies. Observing with regret the long-standing nature of these allegations, the Committee recalls that where cases of alleged anti-union discrimination and interference are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination and interference brought to their attention. The Committee notes with deep regret that despite its numerous requests, the Government appears to have not referred these matters to the Council. Indeed, the Committee observes that the Government’s report does not refer to any discussions on the issue of anti-union dismissals, threats, interference and pressure which had taken place at the tripartite Council within the reporting year. The Committee notes with concern new allegations of anti-union discrimination and interference which have taken place in public sector enterprises (“Granit” and Bobruisk Plant of Tractor Parts and Units) submitted by the ITUC. The Committee urges the Government to examine, in the framework of the tripartite Council, the issue of effective protection against acts of anti-union discrimination in law and in practice, in general, as well as all of the outstanding allegations of anti-union discrimination and interference, in particular. It requests the Government to provide information on the outcome of these discussions, which it expects will take place without further delay.

Furthermore, the Committee once again urges the Government to take measures to ensure that enterprise managers do not interfere in the internal affairs of trade unions and instructions are given to the Prosecutor-General, Minister of Justice and court administrators that all complaints of interference and anti-union discrimination are thoroughly investigated. Should such complaints prove true, the necessary measures should be taken to put an end to such acts and punish those responsible.

Article 4. Right to collective bargaining. The Committee recalls that it had previously requested the Government to provide its observations on the allegation by the Belarusian Congress of Democratic Trade Unions (CDTU) of refusal by employers to bargain collectively with its affiliates at several enterprises. The Committee recalls that it had previously noted that this issue had been discussed by the tripartite Council, but following a disagreement, the Council had decided to refer this question to its tripartite working group. The Committee notes the Government’s indication that while the working group discussed the situation, no agreement had been reached as, on the one hand, the Federation of Trade Unions of Belarus (FPB) refused to bargain collectively alongside and co-sign collective agreements with primary trade unions of the CDTU and on the other, employers refused to bargain with a view to signing a second collective agreement with minority unions. The Committee trusts that this issue will be further discussed during the direct contacts mission requested by the Committee on the Applications of Standards in June 2013 with a view to assisting the Government and the social partners in the rapid and effective implementation of all outstanding recommendations of the Commission of Inquiry. The Committee hopes that this mission will take place in the very near future.

The Committee strongly encourages the Government to intensify its efforts to ensure full implementation of the recommendations of the Commission of Inquiry without delay, in close cooperation with all the social partners and with the assistance of the ILO. The Committee further expresses the firm hope that the Government and the social partners will continue the cooperation within the framework of the tripartite Council and that the latter will have a real impact on ensuring that the rights to organize and collective bargaining are effectively guaranteed in law and in practice.