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

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

Article 1 of the Convention. Direct and indirect discrimination. The Committee has been referring for many years to the need to amend section 14 of the Labour Code in order to provide for a more explicit prohibition of indirect discrimination. It has also been requesting the Government to provide copies of any judicial or administrative decisions concerning indirect discrimination in employment and occupation. The Committee notes, however, that the Government does not provide any information on this matter, and recalls that indirect discrimination refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job (2012 General Survey on the fundamental Conventions, paragraph 745). The Committee urges the Government to amend section 14 of the Labour Code to provide for an explicit prohibition of indirect discrimination, and to provide information on any progress made in this regard. The Committee also requests the Government to provide copies of any judicial or administrative decisions relating to cases of indirect discrimination in violation of section 14 of the Labour Code.

Article 1(1)(a). Grounds of discrimination. Social origin. For a number of years, the Committee has been requesting the Government to add social origin to the prohibited grounds of discrimination in the Labour Code. The Committee notes with satisfaction that pursuant to Law No. 131-Z, which was adopted on 8 January 2014, “social origin” is now included as a prohibited ground of discrimination under section 14(1) of the Labour Code.

Discrimination based on sex. Sexual harassment. The Committee has been referring for a number of years to section 170 of the Penal Code, which provides for criminal liability for sexual harassment and violations of sexual freedom, and considered that addressing sexual harassment only through criminal proceedings was normally not sufficient. Consequently, it has been requesting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The Committee notes that the Government does not provide information on any steps taken to adopt legal provisions in this regard. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment, and the Committee’s general observation of 2003 provides further guidance in this regard (2012 General Survey on the fundamental Conventions, paragraph 789). The Committee requests the Government to strengthen the legislative protection against sexual harassment in the workplace, both by employers and co-workers, and to indicate any progress made in this respect. In the meantime, the Committee also requests the Government to indicate any practical measures taken to address both quid pro quo and hostile environment sexual harassment, including through awareness-raising activities.

The Committee is raising other matters in a request addressed directly to the Government.