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Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 122) sur la politique de l'emploi, 1964 - Bélarus (Ratification: 1968)

Autre commentaire sur C122

Observation
  1. 2010
  2. 2009

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on employment policy and employment services, the Committee considers it appropriate to examine Conventions Nos 88 (employment service), 122 (employment policy) and 142 (human resources development) together.

Employment policy

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee refers to its previous comments in which it requested the Government to provide information on measures taken under the State programme on the labour market and employment promotion, as well as information on workers placed on involuntary part-time employment and leave without pay. The Committee notes the Government’s indication that one of its main policy objectives is to promote full, productive and freely chosen employment, and that the employment policy is implemented primarily through the State programme on the labour market and employment promotion for 2021–25. The Government further indicates that the State programme was developed in accordance with the priority areas of socio-economic development, as defined in the National Strategy for Sustainable Socio-Economic Development of the Republic of Belarus up to 2030, which aims to achieve the United Nations Sustainable Development Goals. As part of the implementation of the State programme, the following tasks will be achieved: fostering economic activity through the implementation of active employment policy measures and provision of social guarantees; employment of the economically inactive; ensuring a balance between supply and demand in the labour market; and the improvement of working conditions and occupational safety and health. The Committee notes that, to meet these objectives, the State Employment Service implements various employment measures, including assisting unemployed individuals to find employment opportunities. In response to the Committee’s previous comments regarding part-time employment and the observations of the Belarusian Congress of Democratic Trade Unions (BKDP) in this regard, the Government indicates that the scale of involuntary part-time employment is not widespread and trending downwards, from 63,500 workers in 2021 to 34,300 workers in 2023. It adds that, in the organizations where working time losses have been identified, the Employment Service is working to assist workers in finding temporary employment in paid jobs and available vacancies with other employers (for the period of downtime and involuntary part-time employment). With regard to employment statistics, the Committee noted in its previous comments that, in May 2021, the employment rate among the working age population stood at 83.5 per cent and unemployment at 3.9 per cent. It notes from the current report that, in May 2024, the employment rate increased to 84.2 per cent while unemployment fell to 3.0 per cent. The Committee notes this information in the context of a challenging economic environment, marked by international sanctions and significant labour emigration. These factors contribute to reported labour shortages in certain sectors, which appear to coexist with the low official unemployment figures. The Committee requests the Government to continue to provide detailed updated information on the nature and scope of the measures taken under the State programme and their impact on the promotion of full, productive, freely chosen and lasting employment, together with statistical employment data disaggregated by age and sex. It also requests the Government to continue to include information on workers placed on involuntary part-time employment and leave without pay. It further requests the Government to provide an analysis of how the reported 3.0 per cent unemployment rate is reconciled with widespread reports of significant, sector-specific labour shortages and the economic impact of sanctions.
Freely chosen employment. The Committee refers to its previous comments in which it noted the observations of the BKDP highlighting legislative changes to the unemployment benefits scheme, which introduced a provision to the effect that an unemployed person should not refuse a suitable employment offer, that is, if the proposed wages are no more than 30 per cent lower than the average earnings calculated for the last two calendar months at the last place of employment. The BKDP recalled that Presidential Decree No. 1 of 2018 introduced a new type of financial penalty as a “penalty tariff for parasitism”. According to the BKDP, able-bodied citizens who are not employed must pay for state-subsidized services at their full cost, including hot water and gas. The Committee notes the Government’s indication that Presidential Decree No. 3 of 2015, as amended by Presidential Decree No. 1 of 2018, is aimed at intensifying the activities of State bodies to provide maximum assistance to citizens wishing to find employment, fostering employment and self-employment, and creating conditions conducive to legal employment. The main objective of Decree No. 3 is to create more favourable conditions in the country’s regions for employment and self-employment, conduct a wide-ranging information campaign to explain the advantages of legal work, and also individual work with citizens who are currently unemployed or are involved in the shadow economy, but are willing and able to earn money legally. As part of the implementation of Decree No. 3, the country’s local authorities have stepped up their efforts significantly to provide citizens with maximum assistance to find work. At the level of each region, all available means and opportunities are being used in order to ensure that all citizens, who, for whatever reason, are not employed anywhere but would like to find work, are provided with assistance in finding employment. The Government indicates in this regard that local administrative authorities have been assigned a leading role and that 150 standing commissions operate to coordinate work to promote employment. It adds that able-bodied citizens who are unemployed or economically inactive, including those leading an anti-social lifestyle and those who are in arrears with housing and utility bills, are invited to commission meetings to assist them in finding work. The Committee notes the Government’s indication that, to encourage citizens to work legally, Decree No. 3 provides for the abolition of State subsidies for certain utilities for able-bodied citizens not employed in the economy, as defined by Resolution of the Council of Ministers No. 314 of 24 April 2018 (hot water; heat; and gas, where individual gas heating appliances are available). Between 2021 and the first half of 2024, about 11,300 people refused, for various reasons, to consider offers of employment assistance. The decision on whether citizens will pay full tariffs or whether they will be exempt from such a payment is made by the commissions after conducting preliminary comprehensive and individual work with each citizen under consideration, including assistance in finding work, referral for retraining, and assessment of the financial and domestic situation to determine whether there is evidence of a difficult life situation. In addition, groups of people not working for objective reasons or due to special life circumstances are excluded to the maximum extent possible from the category of citizens not employed in the economy who are subject to the provisions on payment for full-tariff services. Thus, able-bodied citizens who are not employed in the economy do not include citizens who for a number of objective reasons may face (or have already faced) difficulties in finding work, are unable to work for health reasons, are in difficult life circumstances, or have other obstacles to employment, receive pensions, and so on. The Committee once again refers to its 2020 General Survey on promoting employment and decent work in a changing landscape, where it noted that the objective of freely chosen employment consists of two elements (see para. 69). First, no person shall be compelled or forced to undertake work that has not been freely chosen or accepted or prevented from leaving work if he or she so wishes. Second, all persons should have the opportunity to acquire qualifications and to use their skills and endowments free from any discrimination. The Committee refers to its 2022 comment on the Forced Labour Convention (No. 29), as well as to its 2024 Observation on the Freedom of Association Convention (No. 87), and considers that the severe and widespread violations of civil liberties, the suppression of peaceful assembly, and the documented persecution of activists remove the guarantees necessary to ensure that employment is, in practice, ’freely chosen’. In light of these profound contradictions, the Committee urges the Government to take immediate steps to repeal Presidential Decree No. 3 and all related resolutions that link employment status to financial penalties, which constitute a form of indirect coercion to work. Furthermore, the Committee requests the Government to provide information on the concrete measures taken to ensure that all employment assistance is provided on a strictly voluntary basis, in line with the requirement for a “free” public employment service under Article 1 of Convention No. 88.
Persons vulnerable to decent work deficits and exclusion. The Government indicates that, in accordance with the Employment Act, additional employment measures target persons who are disadvantaged in accessing the labour market, including first-time jobseekers under 21 years of age, older persons, persons with disabilities, and parents of large families and single parents. It further indicates that these additional measures are implemented through targeted employment promotion programmes, employment quotas, career guidance services, training, and other measures. With regard to youth, the Committee notes career guidance provided by the employment service to 190,300 students in general secondary education institutions (2021–first half of 2024) and the temporary employment of 151,316 students. Concerning persons with disabilities, targeted measures include adapting workplaces with partial compensation of labour costs and financing of equipment. The Committee notes from the report that approximately 23,000 jobs are reserved each year for employers to hire individuals in special need of social protection. From 2021 to 2024, a total of 88,600 jobs were reserved, including 13,000 for unemployed persons with disabilities and 14,100 for young persons. The Committee further notes that, out of the 88,600 reserved jobs, 15,600 unemployed persons were employed during the 2021–24 period. While noting the information provided by the Government, the Committee notes from the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities (CRPD) the concern about the very low employment rate of persons with disabilities, in particular in the open labour market, where those employed are mostly in underpaid, unskilled jobs, and the persistence of sheltered workshops; the ineffectiveness of existing measures of support for the employment of persons with disabilities in the open labour market; and the barriers that persons with disabilities face in employment (CRPD/C/BLR/CO/1, 26 September 2024, para. 53). The Committee urges the Government to review its related policies and provide information on measures taken to promote persons with disabilities’ transition from sheltered workshops to employment in the open labour market, indicating steps taken to address the “barriers” and “ineffectiveness”. It also requests the Government to provide detailed information on the nature and scope of the measures targeting disadvantaged jobseekers, including young persons, and to include updated statistical data, disaggregated by sex and age, on beneficiaries and on the impact of the measures implemented to create lasting employment for disadvantaged persons.
Promotion of women’s employment. The Committee previously requested the Government to provide information on the measures taken to promote full, productive and decent employment opportunities for women, as well as information on the impact of these measures. The Committee notes the Government’s indication that, from the beginning of 2021 until the end of the first half of 2024, 507,700 persons applied to the labour, employment and social protection authorities for assistance in finding employment, of whom 198,800 were women (39.2 per cent), and that 173,600 persons were registered as unemployed, including 56,600 women (32.6 per cent). During the same period, 423,800 persons were employed on a permanent basis with the assistance of the authorities, of whom 168,700 were women (39.8 per cent). The Committee notes from the report the measures taken to promote women’s employment, including referral of unemployed women to vocational training, retraining and skills development (between 2021 and the first half of 2024, 3,600 women were referred for training) (34.1 per cent of all unemployed persons referred), as well as assistance provided to women in setting up their own businesses through grants for entrepreneurial, handicraft and agro-ecotourism activities (during the same period, approximately 1,800 women received grants, including 1,326 for entrepreneurial activities). While noting the information provided by the Government, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) the deep concern about the multiple intersecting barriers to the equal participation of women in the labour market and the persistent occupational segregation, with a high concentration of women in lower-paid sectors and their under-representation in higher-paid sectors (CEDAW/C/BLR/CO/9, 27 February 2025, para. 41(a) and (b)). While noting the statistical information, the Committee shares the deep concern expressed by the UN CEDAW regarding “persistent occupational segregation”. The Committeeurges the Government to take targeted and effective measures, in consultation with genuine representatives of working women, to dismantle this occupational segregation and address the “intersecting barriers” identified by CEDAW. It requests the Government to provide detailed information on the targeted measures taken to promote decent employment opportunities for women, as well as information on the impact of these measures in reducing the gender pay gap and increasing women’s representation in higher-paid sectors.
Regional development. The Committee notes the Government’s indication that, to implement the State programme on the labour market and employment promotion for 2021–25 at the level of the regions, regional executive committees and the Minsk City Executive Committee formulate and implement annual regional action plans, with particular attention to areas with labour market pressures. From 2021 to 2024, with the assistance of the labour, employment and social protection authorities, measures that were implemented include the employment of individuals, including previously unemployed persons, and the provision of grants to unemployed persons to set up entrepreneurial activities. The Committee welcomes in this regard the detailed breakdown of the outcomes of regional employment measures. According to data for the second quarter of 2024, the lowest regional unemployment rate was 2.1 per cent with the highest being at 3.3 per cent. The Committee requests the Government to continue to provide information, including statistical data disaggregated by age and sex, on the nature, scope and impact of the measures taken to increase employment in regions with high unemployment rates. It also requests the Government to continue to provide regional employment and unemployment data.
Article 3. Participation of the social partners. In response to the Committee’s previous comments, the Government indicates that proposals on employment policy are developed with the participation of employers’ and workers’ organizations, and that the employment service coordinates its activities with them as well. The Government adds that consultations with the social partners are held within the National Council for Labour and Social Issues, with sectoral and territorial labour and social councils also addressing employment issues. The Committee notes from the report that the General Agreement for 2019–21 (extended to 2022–24), elaborated by the National Council, includes a chapter on labour market development and employment promotion with measures on active policies, protection of workers under threat of dismissal, vocational education and continuous training, and support for women, youth, and persons with disabilities. It further notes a list of various employment-related issues that were discussed by the National Council for Labour and Social Issues at meetings held from 2015 to 2024. For example, in 2023 the matter that was discussed was the implementation of a package of measures aimed at reducing the shortage of blue-collar workers. Another example of close cooperation between the Government and the social partners in the development and implementation of employment-related measures and programmes is the joint work of the parties to the social partnership on the preparation and implementation of the Package of Measures for 2024–25, developed in accordance with the decision of the National Council on Labour and Social Issues and agreed upon by its parties, aimed at reducing the shortage of blue-collar workers. This Package of Measures contains a range of measures to improve the regulatory and legal framework, vocational training, advanced training, retraining and employment of workers, measures aimed at encouraging the recruitment and retention of staff, awareness-raising activities, and an implementation and monitoring mechanism. The Committee must examine the Government’s claims of social partnership in light of its 2024 Observation on Convention No. 87. In that comment, the Committee ’deplored the effect of the dissolution of the BKDP on the work of the National Council on Labour and Social Issues (NCLSI)’. It noted that the ’only representation of workers’ voice ... is now the Federation of Trade Unions of Belarus (FPB), whose independence from the authorities was questionable’ and, as a result, the Committee ’questioned the continuing legitimacy of the NCLSI and the tripartite Council’. The Committee further noted ’with deep concern the absence of any measures taken to review the situation of the dissolved trade unions so as to ensure that they may again function and fully participate in national tripartite bodies’. In this context, the Committee requests the Government to report on the concrete measures taken to re-establish a legal and practical environment where free and independent employers’ and workers’ organizations can exist, function, and participate in the consultations required by Article 3 of this Convention. Pending the re-establishment of genuine social dialogue, the Committee asks the Government to explain how it ensures that the views of all affected persons, including those workers whose independent unions were liquidated, are taken into account in the formulation of the State Programme on the labour market.

Employment services

Articles 1 to 5. Contribution of the employment service to employment promotion, and participation of the social partners. In response to the Committee’s previous comments, the Government indicates that the State Employment Service, headed by the Ministry of Labour and Social Protection, implements employment policy through various measures, including labour market analysis, placement of jobseekers, vocational guidance and training, unemployment benefits, public works, and support for entrepreneurship. It adds that the public employment service coordinates its activities with employers’ and workers’ organizations. Proposals on the main directions and priorities of employment promotion are developed with the participation of the social partners, including within the National Council for Labour and Social Issues. The Committee noted in its previous comments that, in July 2015, there were 300 territorial councils (provincial, municipal and district) and 22 sectoral councils for labour and social questions. It notes from the Government’s report the increase in July 2024 to 330 territorial councils and 23 sectoral councils throughout the country. Between the beginning of 2021 and the end of the first half of 2024, 507,700 people applied to the State Employment Service for employment assistance, of whom 173,600 were registered as unemployed. As part of the implementation of measures to ensure employment, during the period in question, 423,800 individuals were placed in permanent employment with the assistance of the labour, employment and social protection authorities, of whom 130,800 had previously been unemployed. The Committee requests the Government to continue to provide information on measures taken by the public employment service to ensure effective recruitment and placement of workers. It also requests the Government to continue to provide information on the activities of the National Council and sectoral and other tripartite councils in relation to the Convention. Please also provide updated information, including statistics, on the impact of measures taken by the public employment service to meet the employment needs of particular categories of applicants for employment, such as young persons, women, the long-term unemployed and persons with disabilities (Article 7 of Convention No. 88).
Article 10. Full use of the employment service. Application of the Convention in practice. The Committee notes from the report the tools to encourage full use of the public employment service by employers and workers, including the unified information portal of the State Employment Service with a nationwide vacancy bank, access to professional profiles and regulatory information, connectivity to the “Work without borders” system, providing access to information on job vacancies and jobseekers of the Eurasian Economic Union. The Government refers to the introduction of electronic job fairs, which provide an opportunity for jobseekers to familiarize themselves in real time with the vacancies on offer and working conditions, receive consultations, send a job application, and receive an invitation to an interview. The Committee requests the Government to continue to provide information on the impact of the measures adopted, in collaboration with the employers’ and workers’ organizations, to encourage full use of the employment service by employers and workers on a voluntary basis, as well as information on the impact of such measures.It also requests the Government to continue to provide updated statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices.

Vocational guidance and training

Article 1(1) and (2) of the Convention. Formulation and implementation of vocational guidance and training policies and programmes. The Committee recalls that it previously requested the Government to provide information on vocational guidance and training policies and programmes and their contribution to attaining the objectives of the Convention, including measures taken to coordinate vocational education and training with education, training and employment policies. The Committee notes the Government’s indication that the State guarantees the unemployed free vocational guidance and training upon referral by the labour, employment and social protection authorities, in accordance with the Employment Act, the Education Code and Resolution No. 1334, as amended in 2024. The Government highlights that training is aimed at promoting employment, balancing labour supply and demand, and enhancing workers’ competitiveness, with various benefits during training, including scholarships, financial assistance, and recognition of the training period as work experience. The Committee notes that more than 28,000 unemployed persons were referred for training between 2018 and the first half of 2024, of whom 59.3 per cent received training “at the request” of employers with a guarantee of subsequent employment. The Committee notes the adoption of the Development Programme for Vocational and Technical and Specialized Secondary Education for 2024–26, which seeks to align training with the needs of the economy, improve the quality of training, and create inclusive opportunities for persons with disabilities and persons with special developmental needs. The Government indicates that, in order to improve the system of vocational guidance and assistance in choosing professions, the Conceptual Framework for Youth Vocational Guidance was updated in 2022, with a view to aligning training with labour market demand. Moreover, a digital service was introduced in 2023 to provide career guidance through online testing, occupational profiles covering over 800 professions, and interactive links to the national job vacancy bank. The Committee requests the Government to continue to provide updated detailed information on the vocational guidance and training policies and programmes adopted and implemented and on their contribution to attaining the objectives of the Convention, including measures taken to coordinate vocational education and training policies with education, training and employment policies.
Articles 1(5) and 3. Specific categories of persons. The Committee notes the Government’s indication that vulnerable groups of workers in the labour market are prioritized for training. It notes that between 2018 and the first half of 2024, 5,700 individuals from vulnerable categories were referred for vocational training, including 1,700 young persons under 21 seeking employment for the first time, and 930 persons with disabilities. With respect to youth, a package of measures is being implemented to promote youth employment. The Committee notes from the report that 9,100 persons aged 16–30 were referred for training during the 2018–24 period, representing 32.5 per cent of all those trained (28,000 individuals in total), and that approximately 260,000 pupils and students participated in temporary employment schemes, largely financed through the State extrabudgetary social protection fund. The Committee requests the Government to continue providing updated information, including statistics disaggregated by sex and age, on vocational guidance and training measures targeting specific categories of persons, including young persons and persons with disabilities, and on their impact in promoting access to lasting employment opportunities.
Article 5. Cooperation with the social partners. The Committee notes the Government’s indication that the tripartite consultative bodies on labour and social issues constitute an important component of the social partnership system in Belarus. It notes in particular the role of the National Council for Labour and Social Issues established to facilitate cooperation between the Government, employers’ and workers’ organizations in the implementation of social and economic policy. The Government indicates that employment-related issues have been discussed in the National Council, including measures on vocational guidance, training, and reducing shortages of blue-collar workers, and refers to meetings held from 2017 to 2023. The General Agreement between the Government, employers’ and workers’ organizations for 2019–21, extended to 2022–24, includes a chapter on labour market development and employment promotion, covering commitments on vocational education and training, including specific measures for disadvantaged groups. Another example of cooperation included in the Government’s report is the joint preparation and adoption of a package of measures for 2024–25, which includes a series of education and training initiatives developed within the framework of the National Council and agreed upon by the Government and social partners. The Committee requests the Government to provide updated information on the specific measures taken to promote the cooperation and engagement of employers’ and workers’ organizations and other interested bodies in the formulation and implementation of vocational guidance and training policies and programmes.
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