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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to the Committee’s previous requests concerning the provision of technical advice to employers and workers and their organizations on issues relating to occupational safety and health, including questions concerning the introduction of a labour protection management system (Article 6(2)(d) of the Convention); and the material means and financial resources available to the staff of the labour administration system (Article 10(2)).

Article 10. Number and composition of the labour administration staff and their conditions of service. The Committee previously noted the information provided by the Government concerning the status of the labour administration staff as civil servants, the entry requirements for the civil service, and the reference to the legal provisions governing the training and performance evaluation of labour administration staff. In this regard, the Committee notes that the Government has provided the requested documents concerning the training of the labour administration staff (legal provisions, professional development curricula, etc.). It further notes that the Government has provided information on the number of participants in training courses for administration staff, but that it has not provided the requested information concerning the composition and conditions of service of the labour administration staff, and the measures to ensure their independence. The Committee therefore once again requests the Government to provide detailed information on the composition and conditions of service of the labour administration staff (number of employees by their position, expertise, functions and where they are located) and the measures taken to ensure their independence from improper external influences.

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

The Committee notes with interest the detailed information provided in the Government’s report of 7 September 2009 concerning the following points.

Article 10(1). Recruitment, conditions of service and training of the staff of the labour administration system. The Government indicates in its report that the administrative managers and specialists of the Ministry of Labour and Social Protection (MLSP), the national body pursuing the state policy and exercising administration and state control over the observance of the legislation in the sphere of labour, employment, social protection and demographic security, fall within the category of civil servants whose legal status is defined by the Constitution and the Law on Civil Service in the Republic of Belarus. The qualifying requirements of civil servants are established by the Qualifications (eligibility requirements) reference book, approved by Decision No. 135 of 24 November 2003 of the MLSP.

The Government reports that the entrants to public service should pass, on a compulsory basis, a qualification examination to be admitted to the competition, in virtue of Decision No. 1221 of 26 September 2003 of the Council of Ministers of the Republic of Belarus and Decree No. 139 of 17 March 2005 of the President of the Republic of Belarus. As regards the creation of the reserve of managerial personnel to ensure stability of public service, the Council of Ministers adopted Decision No. 1304 on 20 October 2004 by which it approved the regulation on manning of the reserve of managerial staff, its training, procedure of employment and renewal, as well as the regulation on competition committees for the creation of the reserve of managerial staff.

In order to ensure continuous vocational training of personnel, the Heads of State and the Government adopted a number of normative legal documents regulating the issues of training, retraining and professional development of managers and specialists, including those engaged in labour administration, such as: Decree No. 354 of 26 July 2004 of the President on work with the managerial personnel in the system of the state bodies and other state organizations; Decree No. 275 of 2 June 2009 of the President on certain measures to improve the system of training, retraining and professional development in the sphere of management, which provides that state bodies and other state organizations should ensure the organization of advanced vocational training of their managerial staff at least once every three years; Decree No. 399 of 18 June 2001 on the approval of the concept of the state personnel policy; and Decision No. 379 of 12 March 2008 of the Council of Ministers on the approval of the regulation on the procedure of professional development, apprenticeship and retraining of employees, which provides that advanced vocational training shall be conducted as required, but at least once every five years. In this context, the Government reports that the performance evaluation of the managers and specialists should be carried out at least once every three years in accordance with Decree No. 29 of 26 July 1999 of the President on additional measures to improve labour relations, and strengthen labour and executive discipline. For this purpose, the Council of Ministers approved, by its Decision No. 84 of 31 October 1996, the model regulation on performance evaluation of the managers and specialists of the enterprises, institutions and organizations.

Professional development of the managers and specialists of the MLSP who are engaged in labour administration is carried out by the National Institute of advanced training and retraining of the employees of the MLSP, the main tasks of which are to renew and retrain the executive officials and specialists of the MLSP, as well as render methodological and analytical support to the training, retraining and further professional development of personnel. Such training and retraining of the managerial staff and specialists of the MLSP is conducted in accordance with the annual schedule of professional development, approved by the MLSP. The curricula of the professional development (courses) are subject to revision biannually. In this context, the Government reports that during the period
2006–08, within the National Institute of Advanced Training and Retraining of the Employees of the MLSP, 996 managers and specialists of the labour, employment and social protection bodies in charge of labour administration issues, upgraded their qualifications, including 383 persons in 2006, 328 persons in 2007 and 285 persons in 2008. Moreover, during the period 2006–09, 160 managers and specialists of the MLSP, dealing with the issues of labour administration, were trained under the retraining programmes, while 52 employees still continue their vocational training.

The Committee would be grateful if the Government would provide detailed information on the composition and conditions of service of the labour administration staff (number of employees by their position, expertise, functions and duty stations; and career advancement) and the measures taken to ensure their independence from improper external influences. The Government is also requested to provide a copy of the qualifications reference book, model regulation on performance evaluation, curricula of the professional development (courses), as well as the abovementioned legal instruments needed to assess the level of application of the Convention.

Article 10(2). Material means and financial resources of the staff of the labour administration. The Government reports that the MLSP, as well as the structural units of the regional and Minsk city executive committees, which form part of the system of the MLSP and exercise powers in the field of labour, employment and social protection, make a request for the allocation of financial resources needed to perform their duties on the basis of their requirements. In the request, among other things, provision is made for such expenditures as: purchase of goods and payment of various services; wages; mission and duty trips; professional development of personnel, etc.

The Committee would be grateful if the Government would provide detailed information on the material means and financial resources available to the staff of the labour administration system (such as offices, computers, printing and other special equipment, means of communication, transport facilities, and the arrangements made for the reimbursement of work-related expenses) and, if possible, the percentage of financial resources allocated to the MLSP within the state budget.

Article 6(2)(d). Technical advice available to employers and workers and their respective organizations. In the annual report for 2008 on the observance of the labour legislation prepared by the Department of the State Labour Inspection (DSLI) of the MLSP, it is indicated that the work held by the DSLI allowed to secure the tendency of decreasing the number of injuries with grave consequences, while the number of fatal accidents without the direct guilt of the employer increased. Human factor is indicated as the main reason of the job-related accidents (traumatism), while alcoholism (hard drinking) at work is considered to be disturbing. In this context, the Government refers to the systems of occupational safety management, developed on the basis of STB 18001-2005, as one of the most effective means of involvement of workers to collaborate with the employer in ensuring security and hygiene of labour. However, it is reported that, in some cases, such systems of labour protection management are not implemented to the full extent.

The Government also indicates that there is a need to strictly control the timely communication by the employer about the job-related accidents, which are subject to a special investigation. In this context, it is reported that several regional labour inspection offices received such information with a delay of more than one month in 2008. The Committee would be grateful if the Government would indicate whether technical advice is also requested by employers and workers or their respective organizations on the above issues or other issues and if applicable to describe the manner in which such advice is provided and the impact thereof. The Committee asks the Government to provide detailed information on the systems of labour protection management, their organization and purpose(s), as well as on the measures taken to ensure the timely communication of the job-related injuries and accidents by employers in order to ensure timely investigation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report received in September 2004 and the additional report in reply to the direct request made in 2002, covering the period ending 31 May 2005.

Article 10(1) of the Convention. The Government is requested to supply copies of the legal and regulatory texts on measures designed to ensure the training and qualification of the officials mentioned in its report as well as details on the effect given to these texts in regard to staff of the labour administration system. Please indicate in particular the bodies and services that benefit from these measures, the number of persons trained and the content of the training.

Article 10(2). The Committee again asks the Government to supply the information requested regarding the material means and financial resources available to staff of the labour administration system for the performance of their duties.

Part IV of the report form. The Government is requested to supply with each report extracts from reports or other periodic information issued by the main bodies of the labour administration and mentioned in paragraph 20(1) to (4) of Recommendation No. 158.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s detailed report for the period ending 15 August 1999. It requests the Government to provide further information on the following points.

Article 4 of the Convention.  The Committee notes the information provided by the Government in respect of the measures aimed at developing social partnership in Belarus, achieving more effective collaboration among the Government, the national employers’ associations and the trade unions and improving the practice of regulating social and labour relations by collective negotiation. The Committee asks the Government to indicate specific measures to achieve the proper coordination of the functions and responsibilities of a system of labour administration.

Article 7(a) and (b).  Please indicate whether measures are 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 persons listed in these paragraphs.

Article 10(1).  The Committee notes the information concerning the access of the staff of labour administration system to training and asks the Government to continue to provide information in this respect.

Article 10(2).  Please provide information on the material means and the financial resources allocated to the staff of the labour administration for the performance of its duties.

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

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.