Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Belarus (Ratification: 1956)

Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

The Committee notes the report of the direct contacts mission (DCM) which visited the country in January 2014 with a view to obtaining a full picture of the trade union rights situation in the country and assisting the Government in the rapid and effective implementation of all outstanding recommendations of the Commission of Inquiry. The Committee also notes the 379th Report of the Committee on Freedom of Association on the measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry.

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) received on 1 September 2016 on the application of the Convention. It further notes the observations submitted by the Belarusian Congress of Democratic Trade Unions (BKDP) received on 31 August 2016 alleging violations of the Convention in practice.

Articles 1–3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee recalls that it had previously noted with concern numerous allegations of anti-union discrimination, including discriminatory use of fixed-term contracts, and interference, threats and pressure put on workers to leave their unions and urged the Government to examine, in the framework of the Council for the Improvement of Legislation in the Social and Labour Sphere (the tripartite Council), the issue of effective protection against acts of anti-union discrimination in law and in practice, in general, as well as all of the outstanding allegations of anti-union discrimination and interference, in particular. In this respect, the Committee notes from the DCM report that it had received information to the effect that “all complaints of violations of trade union rights … were properly and timely investigated either by the prosecutors or dealt with by the courts”.

The Committee notes new allegations of dismissals, non-renewal of contracts and interference submitted by the BKDP. The BKDP refers, in particular, to the cases of Mr Nikolai Sharakh and Mr Anatoly Potapovich, whose contracts were not renewed, and the dismissal of Ms Oksana Kernozhitskaya and Mr Mikhail Soshko. It further alleges that the management of the JSC Belaruskali promotes the primary trade union affiliated to the Federation of Trade Unions of Belarus (FPB) at the expense of the BKDP-affiliated union and pressures the members of the latter to leave the union. According to the information provided by the BKDP, the case of Mr Potapovich was examined by the court, which decided against his reinstatement. The Committee notes the Government’s indication that the case of Mr Sharakh was discussed by the tripartite Council, which concluded that Mr Sharakh’s contract was not renewed on the basis of his written request indicating that he wished to retire. The Committee regrets that no information has been provided by the Government on the remaining allegations. The Committee requests the Government to provide its comments thereon.

The Committee welcomes the information provided that on 25 February 2016 a tripartite seminar on mechanisms for dispute resolution and mediation was held in Minsk with ILO assistance, which, according to the Government, gave rise to an exchange of opinions concerning the treatment of labour disputes under the existing national system and possible effective new mechanisms, including the tripartite Council. The Committee expects that the public authorities, in particular the Ministry of Justice, the Office of the Prosecutor-General and the judiciary, together with the social partners, as well as other stakeholders (for example, the Belarusian National Bar Association) will continue working together towards building a strong and efficient system of dispute resolution which could deal with labour disputes involving individual, collective and trade union matters. The Committee invites the Government to take advantage of ILO technical assistance in this regard. Further in this connection, the Committee welcomes the Government’s indication that a training course on international labour standards for judges, lawyers and legal educators is planned to take place with ILO support in the first half of 2017. The Committee requests the Government to provide information on the outcome of this activity.

Article 4. Right to collective bargaining. The Committee recalls that its previous comments concerned the issue of collective bargaining at the enterprise level where unions affiliated to the FPB and the BKDP were active and, in particular, the allegation that, on the one hand, the FPB primary trade unions refused to bargain collectively alongside and co-sign collective agreements with primary trade unions of the BKDP and, on the other, employers refused to bargain with a view to signing a second collective agreement with minority unions.

The Committee notes the Government’s indication that following the recommendation of the DCM, in May 2015, the ILO, together with the Government and the social partners, held a tripartite seminar in Minsk on “Collective Bargaining and Cooperation at the Enterprise Level in the Context of Pluralism”. On the basis of the conclusions reached by the seminar participants, the tripartite Council agreed on a collective bargaining procedure at enterprises with more than one trade union and unanimously endorsed its inclusion in a General Agreement between the Government and the national organizations of employers and trade unions for 2016–18. The Committee notes with interest that the General Agreement for 2016–18 contains a provision on the collective bargaining procedure at enterprises with more than one union. Pursuant to this provision, a single body comprising representatives of all unions active at an enterprise negotiates a collective agreement to which all trade unions can become a party.

The Committee notes the BKDP allegation that this procedure was not respected by the management of a glass fibre company in Polotsk, an enterprise producing tractor parts in Bobruisk and a company producing tractors in Minsk. The Committee requests the Government to provide its comments thereon.