Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la administración del trabajo, 1978 (núm. 150) - Belarús (Ratificación : 1993)

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.