Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre el descanso semanal (comercio y oficinas), 1957 (núm. 106) - Belarús (Ratificación : 1968)

The Committee notes the report of the Government and the new Labour Code of the Republic of Belarus of 1999 and requests clarification regarding certain points.

Article 7, paragraphs 1 and 4, of the Convention provide that the competent authorities may take measures to apply special weekly rest schemes, but special regard being had to all proper social and economic considerations and any measures in this respect shall be taken after consultation with the representative associations of employers and workers. Section 140 of the Labour Code provides for the possibility to set up special weekly rest schemes different from section 136 of the Labour Code for establishments that provide uninterrupted services for the public. Section 140 contains no particular provisions stipulating consultations with workers’ and employers’ organizations.The Committee requests the Government to supply detailed information on the exceptions made under section 140 for persons employed in commerce and offices and to state the methods adopted for consultations of representative associations of employers and workers.

Article 8, paragraphs 1 and 2. Section 142 of the Labour Code provides for the possibility for work on a weekly rest day at the request of the employer with the consent of the workers. The Committee requests the Government to give information on the procedures adopted for consultation of representative associations of employers and workers in accordance with Article 8, paragraph 2.

Article 8, paragraph 3. This paragraph provides that where temporary exemptions are made, the persons concerned shall be granted compensatory rest at least equivalent to the period provided for under Article 6. Additional compensatory periods of rest for the suspensions or diminutions made have to be granted irrespective of any supplementary remuneration. The Committee wishes to point out that section 146(1), which provides that compensation may take the form of an extra day of rest or supplementary payment, is not in conformity with the Convention. It requests the Government to undertake the necessary steps in the near future to amend this section in order to bring it into full conformity with this Article and to supply information on the progress achieved in its next report.

Part III of the report form. The Committee requests the Government to state by what methods application of the legislation and administrative regulations is supervised and enforced. In particular, please supply information on the organization and working of inspection.

Part V of the report form. The Committee requests the Government to supply in the next report extracts from the reports of the inspection services and information concerning the number of persons employed in commerce and offices covered by the relevant legislation, as well as the number and nature of the contraventions reported.