Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belarus (Ratification: 1961)

1. With reference to its previous comments, the Committee notes that the new Labour Code entered into force on 1 January 2000. It notes in particular that section 14 of the Code prohibits discrimination defined as any restriction of labour rights or advantage on the basis of sex, race, national origin, language, religion or political opinion, participation or non-participation in trade unions or other voluntary associations, property status or official duties, or impairments of a physical or mental character that do not prevent the person from performing the duties of the job. The Committee recalls its comments addressed to the Government concerning the previous Labour Code of 1992 on the need to expand the list of grounds of discrimination to include "social origin" and notes that the adoption of the new Labour Code has not been used to legislate all the grounds mentioned in the Convention. It therefore requests the Government to report on measures taken to implement section 14 of the Labour Code and ensure non-discrimination in practice on all grounds in the Convention, including social origin.

2. Recalling that the Convention prohibits direct and indirect discrimination, a concept that refers to situations in which apparently neutral regulations and practices result in inequalities on the basis of the grounds listed in the Convention, the Committee requests the Government to confirm that the new Labour Code is intended to cover direct and indirect discrimination as required under the Convention.

3. Discrimination on the basis of sex. The Committee notes the adoption of the second National Plan of Action to ensure gender equality for 2001-05, which includes a section on women in the economy. It notes that the plan envisages an ongoing gender-specific examination of current and planned legislation and provides for the elaboration of a draft Act on equal opportunities in 2002. The Committee invites the Government to provide it information on the progress made in the implementation of the National Plan of Action and the elaboration of the draft Act and to forward copies of the Act, as soon as adopted.

4. The Committee notes that the Government continues to pay special attention to the situation of women in the labour market and notes from the Government’s report that slight improvements have taken place in this respect during the last three years. The share of women in the composition of newly registered unemployed persons gradually decreased from 56 per cent in 1995 to 46 per cent in 2000. It also notes the information that, in 2000, the State Employment Service was able to provide 38.8 per cent of registered unemployed women with work and that the average duration of female unemployment decreased between 1997 and 2000 from 9.1 to 6.1 months. The Committee also notes that 57.9 per cent of those who received vocational training through the State Employment Promotion Fund, were women and that training was carried out in occupations and professions which are demanded on the labour market and which prepare for self employment. The Fund provided 920 women with loans and subsidies to organize their own businesses, which amounted to 58.5 per cent of all persons receiving such resources. The Committee also notes that between 1994 and 1999, the courts examined 29 suits for reinstatement in employment of pregnant women or women having children under three years of age which had been dismissed by their employers, out of which 17 suits were satisfied and nine cases settled voluntarily. The Committee takes note of this information and invites the Government to provide similar information on measures taken to promote equality of women in the labour market in the future. As regards its previous request for labour statistics disaggregated by sex, the Committee notes from the Government’s report that in 17 out of 25 ministries, the share of female employees exceeds 50 per cent, while in other ministries this share ranges from 30 per cent to 50 per cent. The Committee asks the Government to provide information on the percentage of women in the different occupations and levels of employment within the civil service, as well as such information in respect to the public and private sectors.

5. The Committee notes that under section 262 of the new Labour Code it is prohibited to employ women in heavy duty work and in work with harmful and hazardous working conditions, as well as underground work, except for certain types of underground work. It is understood that Resolution No. 90 of 29 July 1994 adopted by the Ministry of Labour on the list of heavy-duty work and work under harmful and hazardous conditions which is prohibited for women remains applicable, though the Committee had invited the Government to review its provisions which had resulted in 1,218 women losing their jobs during the period 1995-98. The Committee also notes that the new Labour Code maintains, in section 263, the prohibition to engage women having children under the age of three years in night work, overtime work, work on public and customary holidays, work on days off, or to send them on mission. By contrast, the Committee notes that women having children from 3 to 14 years of age can be engaged in these types of work with their consent and that parental leave to care for children up to three years can be requested by men and women on a equal basis (section 185 of the Labour Code).

6. In this context, the Committee recalls that, after consultation with employers’ and workers’ organizations, certain measures taken in regard to persons who require special protection may indeed be permissible under Article 5 of the Convention. The Government is invited to review the provisions of sections 262 and 263 and the related implementing regulations - in consultation with social partners and in particular women workers - to determine whether it is still necessary to limit the access of women having children under the age of 3 to certain types of work and to prohibit access of all women to certain occupations, particularly in view of the national policy on gender equality and the equal rights of men and women to take parental leave under section 185 of the Labour Code. In this respect, the Government’s attention is once again drawn to the relevant provisions contained in: (a) the Protocol, 1990, to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), along with the corresponding Recommendations; and (c) the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Government is also asked to provide the text of resolution No. 90 of 1994 on heavy-duty work and work under harmful and hazardous conditions. Noting that the Board of the Labour Inspection Committee has recommended to some enterprises to release women from heavy or harmful work, the Committee further requests the Government to continue to provide information on how many women have been released and from which jobs.

7. Measures affecting individuals suspected of activities prejudicial to state security. The Committee notes that section 51 of the Criminal Code of the Republic of Belarus of 9 July 1999 provides that the right to hold certain positions or engage in certain activities may be forfeited by a decision of a court of law for a term of one to five years depending on the nature and gravity of the crime. The Committee notes that the court may pronounce such a forfeiture as additional punishment, provided that, based on the nature of the crime committed by a person by virtue of his or her position or a certain activity, the court deems it impossible to preserve the person’s right to hold a certain position or engage in a certain activity (section 51(2)). The Committee requests the Government to provide detailed information on the application of section 51 of the Criminal Code by the courts, including information on the number and nature of cases in which it has been applied and the positions and activities involved.

8. Discrimination on the basis of grounds other than sex. Noting that the Government’s report provides no information concerning discrimination based on grounds other than sex, the Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in access to vocational training, employment and working conditions without prejudice as to race, religion, political opinion and national extraction.

9. Labour inspection. The Committee notes from the Government’s report that labour inspections did not reveal any cases of employment discrimination and that no complaints in this respect were brought to the attention of the Labour Inspection Committee. While appreciating this information, the Committee requests the Government to indicate whether training has been provided to labour inspectors on issues of equality so as to provide them with the necessary knowledge to promote the application of the Convention in their activities.