Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1 and Article 2(1) of the Convention. 1. The Committee notes the information concerning provisions governing discharge from service of various categories of members of the armed forces supplied by the Government in its report. It notes that, under section 26 of the Act with respect to universal conscription and military service, persons performing military service under contract may be discharged from service at their own request if their family situation and other circumstances prevent them from performing their military duties. Similar provisions are laid down in a number of regulations concerning various categories of servicemen (point 59.7 of the Regulations respecting the military service of officers (Order No. 360 of 1993 of the Minister of Defence), point 46.9 of the Regulations respecting the military service under contract of ensigns and warrant officers (Order No. 450 of 1993 of the Minister of Defence), point 65g of the Regulations respecting the military service under contract of soldiers, sailors, sergeants and sergeant majors (Order No. 159 of 1994 of the Minister of Defence)).

2. The Committee refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is stated that career servicemen may not be denied the right to leave the service either at reasonable intervals or by means of notice of reasonable length. The Committee asks the Government to state what guarantees to this effect are provided in the national legislation or practice. Please also supply information on the application of the above-mentioned provisions in practice. Please indicate, in particular, the duration of service of officers and other career service personnel which can be specified in the contracts.

Article 2(2). 3. The Committee notes that, under point 1 of Decree No. 7 of the President of the Republic of Belarus on complementary measures to guarantee employment of 17 March 1997, the payment of unemployment benefits is suspended in the event that an unemployed person fails, without a valid reason, to carry out a monthly standard of participation in paid public works assigned by the State employment service. The procedures for establishing the monthly standard of participation for unemployed persons in paid public works and the execution of such works are to be defined by the Council of Ministers. The Government states in its report that paid work under the auspices of the State employment service in accordance with the Decree does not constitute forced labour, since under section 9.1 of the Employment Act of 1991 participation in paid public works does not constitute an obligation on the part of unemployed persons and no sanctions are provided for in the legislation in the event of failure by such persons to take part in such works. The Committee would be grateful if the Government would provide, in its next report, information on the application in practice of the above provisions of the Decree No. 7 and copies of relevant texts adopted by the Council of Ministers.

Article 2(2)(c). 4. The Committee understands that the new draft Correctional Labour Code is under elaboration and will be submitted to the National Assembly after the adoption of the new Penal Code and Criminal Procedure Code. It requests the Government to supply copies of these Codes as soon as they are adopted.