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

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

Article 2 of the Convention. Equality between men and women. In its previous comments, the Committee asked the Government to continue to provide information on the actions taken and results achieved by the various measures taken to implement the National Plan of Action on Gender Equality for 2011–15, as well as to indicate any obstacles that have been identified to achieve its objectives. The Committee notes the Government’s indication in its report that, in the framework of the National Plan of Action on Gender Equality for 2011–15, the Ministry of Labour and Social Protection prepared recommendations for employers on introducing flexible working hours for workers with family responsibilities. The Government further indicates that 128 posts for women were created in the rural area between 2011 and 2013, and that under the State Programme to Promote Employment in 2011, financial support to encourage entrepreneurship among women and to reduce female unemployment in the rural areas was granted between 2011 and 2014. Furthermore, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100), with regard to the persistent occupational gender segregation in the labour market. The Committee requests the Government to continue providing information on the policies and measures adopted for the promotion of gender equality, including specific information on steps taken to promote women’s access to a wider range of jobs and occupations, including at management and decision-making levels, as well as the impact of such measures. The Committee further requests the Government to provide detailed statistical information on the situation of men and women in the labour market, including their participation in the various sectors and occupations.

Equality of opportunity and treatment, irrespective of race, national extraction and religion. In its previous comments, the Committee asked the Government to enhance the capacity of the responsible authorities to identify and address the cases of discrimination in employment and occupation based on ethnic origin, race and religion, as well as to examine whether the applicable substantive and procedural provisions, in practice, allow victims of discrimination to bring their claims successfully. It also requested the Government to provide information on any measures taken to assess the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment. The Committee notes that the Government merely refers to relevant sections on non-discrimination under the Labour Code and the Law on Employment of the Population of 2006 with respect to the grounds of ethnic origin, race and religious belief. The Government further provides information concerning cases addressed by the Labour Courts, awareness-raising campaigns as well as training of judges and labour inspectors in relation to labour law in general, and not to equality of opportunity and treatment, irrespective of race, national extraction and religion in employment and occupation. The Committee therefore asks the Government to indicate more specifically the activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation based on ethnic origin, race and religion, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. It requests the Government to examine whether the applicable substantive and procedural provisions, in practice, allow victims of discrimination to bring their claims successfully. Furthermore, the Committee requests the Government to provide information on measures taken to assess, on a regular basis, the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment, and the results of such measures. It asks the Government to also provide information on any progress made in adopting measures to ensure that foreign workers are protected against discrimination on the grounds set out in the Convention.

Article 5. Special measures of protection. Working-time restrictions for certain women and prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. For a number of years, the Committee has been asking the Government to revise the legislation so as to ensure that restrictions applying to women were limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers. It has also been asking the Government to provide information on any progress made with a view to examining the possibility of allowing male workers with children to refuse overtime, work on holidays and rest days, and business trips when facing obstacles relating to family responsibilities. The Committee notes the Government’s indication that the Ministry of Labour and Social Protection Decision No. 35 of 12 June 2014 replaces Decision of the Council of Ministers No. 765 of 26 May 2000, and approves a similar list to the one that was previously in force. The Government also indicates that the new Decision provides that the prohibition on recruitment of women applies only when work being performed at a specific work station is recognized as involving hazardous and/or dangerous conditions, following a review of conditions at the workplace. Refusal by the employer to recruit a woman to perform work listed is not discriminatory if the employer has not established a safe working environment. The Committee further notes that restrictions have been lifted on the recruitment of women to a range of jobs in the mining industry. The Committee recalls that provisions regarding the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (2012 General Survey on the fundamental Conventions, paragraph 840). In light of the principle of equality of opportunities and treatment for men and women, the Committee requests the Government to continue reviewing, in consultation with workers’ and employers’ organizations, Protection Decision No. 35 of 12 June 2014, so as to ensure that restrictions applying to women are strictly limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers, and that they do not hinder the access of women to employment and their remuneration on the basis of gender stereotypes and to provide full information on the progress achieved in this regard. The Committee further requests the Government to indicate how many employers have carried out a review of their working environment and if measures were adopted to assist employers in undertaking such reviews, for the purpose of recruiting women for work listed in Ministry of Labour and Social Protection Decision No. 35 of 12 June 2014.

Family responsibilities. The Committee notes the Government’s indication that section 271 of the Labour Code sets out that working fathers who are raising children without a mother and are legal guardians of children of the relevant age are entitled to the same guarantees as working mothers stipulated in law and collective agreements. The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (2012 General Survey, paragraph 786). The Committee asks the Government to consider amending section 271 of the Labour Code in order to extend the guarantees for working mothers to all working fathers, and not only to those who are raising children without a mother.

Enforcement. Noting that the Government does not provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation, the Committee asks the Government to provide information in this regard.