Effect given to the recommendations of the committee and the Governing Body - Report No 321, June 2000

Case No 1849 (Belarus) - Complaint date: 31-AUG-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 15. During its last examination of this case at its meeting in March 2000, the Committee once again requested the Government to keep it informed of the measures taken to reinstate the workers dismissed in connection with the strikes in Minsk and Gomyel in August 1995 [see 320th Report, paras. 32-34].
2. 16. In a communication dated 22 April 2000, the Government indicates that the strikes in question were declared illegal and the workers at the Gomyel undertaking and the Minsk metro system were dismissed for infringing labour discipline. Applications for reinstatement by a number of the dismissed workers have not been granted by the courts. Former metro workers have been given assistance in finding other employment. The Minsk municipal executive committee in August-September 1995 adopted a number of measures to help individual workers find new jobs. For example, on 28 March 1996 a working commission, including representation from the executive committee, met to discuss the problem of finding jobs for former Minsk metro workers, who were offered the possibility of employment with a new employer or retraining.
3. 17. The Committee takes due note of this information. It must however draw the Government's attention to its conclusions and recommendations when it first examined this case [see 302nd Report, paras. 161-222]. At that time, the Committee had recalled that strikes may be prohibited in respect of essential services, but that transport does not generally fall within the category of essential services. It therefore requested the Government to modify its legislation in such a fashion that transport workers unequivocally enjoy the right to strike. Consequently, the Committee also emphasized that the dismissal of workers for taking part in legitimate strike action constituted anti-union discrimination in employment and requested the Government to take the necessary measures without delay to assure the reinstatement in their jobs of all workers dismissed in connection with the strikes in Minsk and Gomyel in August 1995.
4. 18. While taking note of the efforts to offer employment with a new employer or retraining for these workers, the Committee must express its deep concern that the Government has apparently limited its action on this issue within the context of dismissals for illegal strike action, whereas the Committee has emphasized that the legislation prohibiting such strikes is contrary to the principles of freedom of association. The Committee therefore requests the Government urgently to take the necessary measures to ensure a solution for the dismissed workers who remain without employment which is to their satisfaction and which ensures full compensation for lost wages and to keep it informed of developments in this regard.