BCDTU’s OWN COMMENTS ON THE APPLICATION IN BELARUS OF THE ILOCONVENTIONS 87, 98
(30 August 2010)
Executive Summary
Information on new cases of violations of the rights of workers and independent unions in Belarus registered in the period between 1 September 2009 and 1 September 2010:
• Pressures on members of the independent unions were registered in Navapolatsk, mass pressures occurred in Babruisk (at Babruisk tractor parts & components enterprise) and Hrodna (at OOO “HrodnaAzot”). In Babruisk managers aggressively offered members of independent unions to sign a form with request to exclude them from the independent union and affiliate them to the official union. In Hrodna mangers initiated talks with members of independent unions and forced to leave the independent union under the threat of dismissal.
• Cases of dismissal of the members of independent unions because of the expiration of their short-term contracts were registered in Lukoml (Lukoml hydraulic power station), Mahiliou (OAO “Lavsanstroi” company), Vitebsk (UP “Les” company), and Minsk (BelAZ company).
• Trade union organization “Vmeste” (trade union of entrepreneurs) and trade union of the clothing company “Delta-style” were refused in registration for the second time.
• The chief of foundry shop at PRUP “Minsk automated line production” company committed gross violation of labor legislation by reviewing of the time rate and wage scale in the work orders without notifying the workers.
• The chairwoman of Salihorsk BNP regional organization was detained by police while trying to meet union members of "Delta Style" company near the entrance door. She was accused of illegal holding trade union meeting near the gate of the company.
• The FPB Presidium adopted a regulation where it recommended concluding only one collective agreement in the organizations. In accordance with this Regulation only the unions affiliated to the FPB can act as the initiators of collective bargaining. The Council for improvement of social and labor legislation functioning under the auspice the Ministry of Labor and Social Protection has made an attempt to impose this issue on the agenda of one of its meetings. In the Council meeting the BCDTU resolutely rejected the procedure of collective bargaining proposed by the FPB.
• In June 2010 the ILO noted with satisfaction the reducing the premise rent for independent unions tenfold by the State commission responsible for managing state-owned buildings. However, the BCDTU is receiving information from its affiliates that the office owners starting from April 1, 2010 have forwarded them the leasing contracts without any reduction.
• The adoption of the Decree # 164 dated 31 March, 2010 by the President has not solved the problem of short-term contracts in the country. It just gave the employer the right to conclude with the worker who does not violate labor discipline and has already been employed for not less than 5 years a contract for a certain period. However, the Decree does not envisage automatic transformation of a short-term contract into a termless employment contract.
• The Decree # 240 “On Execution of Public Control by the Trade Unions” was adopted. It determined the mechanism of execution of public control by trade unions and reduced the number of permitted inspections implemented by trade unions and their timing.
Comments and Conclusions of the BCDTU:
The situation in Belarus has not changed significantly in law and in practice and does not yet ensure full compliance with ILO Conventions. The efforts made by the Government were directed at technical issues instead of the substance of the recommendations of the Commission of Inquiry. It is well shown by the continuing obstacles to trade union registration and the continuing pressure exercised on independent unions through the short-term contract system. The number of violations of trade union rights has been increasing. Members of trade unions affiliated to the CDTU are still suffering from anti-union discrimination, including dismissals and the non-renewal of labor contracts, pressure and harassment.
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