Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Follow-up to the recommendations of the Commission of Inquiry
(complaint made under article 26 of the Constitution of the ILO)

The Committee notes the information provided by the Government and the discussion that took place in the Conference Committee on the Application of Standards in June 2010. The Committee further notes the comments made by the Congress of Democratic Trade Unions (CDTU) on the application of the Convention, in law and in practice, in a communication dated 30 August 2010 and the Government’s reply thereon.

Articles 1, 2 and 3 of the Convention. The Committee recalls that it had previously noted with concern the 2009 comments made by the CDTU on the continuing discriminatory use of fixed-term contracts. The CDTU alleged, in particular, that members of free and independent unions are forced to leave their unions under the threat of non-renewal of their contracts and provided the following statistics on the impact of threats of non-renewal of fixed-term contracts on its affiliates: primary trade union at “Grodno-Azot” enterprise had lost 930 members since 2006; primary trade union at “Belshina” enterprise in Bobruisk – 50 members since 2006; primary trade union at “Polimir” chemical company in Novopolotsk – nearly 400 members since 2006; and primary trade union at Mozyr oil refinery company – at least 50 members since the beginning of 2009. The CDTU further alleged that trade union membership of primary trade unions at “Zenit” company in Vileika (Minsk region), Brest Pedagogical University, hydraulic power station in Novolukoml, and other small union organizations also suffered. According to the CDTU, the scenario of pressure on workers in all these cases was almost the same: the floor managers or managers on ideology would invite trade union members to sign statements indicating that they were leaving independent unions and discontinuing payment of trade union membership dues. Those who refused were threatened with dismissal and non renewal of their fixed-term contracts. The Committee had expressed the firm hope that the Council for the Improvement of Legislation in the Social and Labour Sphere (“the Council”) would examine the allegations of anti-union discrimination and interference suffered by the CDTU-affiliated trade unions and their members at the abovementioned enterprises, as well as at “Mogilev ZIV”, “Avtopark No. 1”, with regard to the members affiliated to the Radio and Electronic Workers’ Union (REWU) and requested the Government to inform it of the outcome of the discussion and of measures taken to redress the damages suffered. The Committee regrets that no information has been provided by the Government in this respect.

The Committee further notes with concern that in its recent communication, the CDTU alleges that this pressure on independent trade unions, through the short-term contract system, has continued and that Presidential Decree No. 164 of 31 March 2010 (to improve contract-based scheme of employment) has not solved the problem. The Committee understands that this Decree entitles an employer to conclude an employment contract for an indefinite term with an employee who has not violated labour discipline and who has worked for the employer for no less than five years, but does not deal with unfair use of the system.

The Committee further notes with concern the CDTU’s allegation that the number of violations of trade union rights has been increasing and that its members are still suffering from anti-union discrimination, including dismissal, non-renewal of labour contracts, pressure and harassment. In particular, the Committee notes with regret a case where a trade union activist of the Belarus Independent Trade Union (BITU) was dismissed from the Lukoml Power Station. The Committee observes that while at its June 2010 session, the Conference Committee noted the Government’s statement that this person was reinstated in December 2009 following the court decision, it appears now that the dismissal was confirmed on 21 May 2010 following an appeal by the employer and the prosecutor’s office.

The Committee further notes the allegations of threats and interference in internal trade union affairs and a new wave of pressure put on workers to leave their union at the Bobruisk plant of tractor parts and units (Belarusian Free Trade Union primary trade union), “Grodno-Azot” company, “Delta Style” company in Soligorsk, “Lavanstroi” construction company, Minsk automated line company (all BITU primary trade unions).

The Committee notes with regret that according to the CDTU, the Government refuses to use the tripartite council to discuss in substance the issue of trade union rights’ violation. The Committee notes with regret that in this regard, the Government has not referred to any discussions taking place at the Council sitting on 14 May 2010 or at the meeting of 15 October 2010 of a tripartite working group created by the Council, with reference to anti-union dismissals, threats, interference and pressure.

The Committee therefore urges the Government to take the necessary measures to ensure that all of the abovementioned allegations of anti-union discrimination and interference relating to the CDTU and REWU-affiliated trade unions and their members at all of the abovementioned enterprises, are brought to the attention of the Council without further delay. It requests the Government to inform it of the outcome of the discussion and of any remedial measures taken should it be found that anti-union discrimination and interference have occurred.

Furthermore, the Committee once again urges the Government to take measures to ensure that enterprise managers do not interfere in the internal affairs of trade unions and, on the other, instructions to the Prosecutor-General, Minister of Justice and court administrators that all complaints of interference and anti-union discrimination are thoroughly investigated. Should such complaints prove true, the necessary measures should be taken to put an end to such acts and punish those responsible.

Article 4. The Committee recalls that it had previously noted that at its meeting of 26 November 2009, the tripartite council discussed the issue of collective bargaining at enterprises with several trade union organizations, as well as development of social partnership including the conclusion of collective agreements at “Grodno-Azot” and “Naftan” enterprises. It requested the Government to keep it informed of the outcome of this discussion. The Committee notes the Government’s indication that the situation with the collective agreement at “Naftan” has been positively resolved and that the CDTU-affiliated trade union had joined the agreement concluded by the Federation of Trade Unions of Belarus (FPB). The Committee notes with concern, however, the CDTU’s indication that its proposals with regard to social partnership at “Naftan” and “Grodno-Azot” have been ignored or not considered at all. The Committee requests the Government to provide its observations thereon.

The Committee welcomes the Government’s indication that a tripartite working group, where trade unions are represented by both the FPB and the CDTU, has been created to prepare a new General Agreement for 2011–13. The Committee requests the Government to provide all relevant information in this respect.

The Committee strongly encourages the Government to intensify its efforts to ensure full implementation of the recommendations of the Commission of Inquiry without delay, in close cooperation with all the social partners and with the assistance of the ILO. The Committee further expresses the firm hope that the Government and the social partners will continue the cooperation within the framework of the tripartite Council and that the latter will have a real impact on ensuring that the right to organize is effectively guaranteed in law and in practice.

[The Government is asked to supply full particulars to the Conference at its 100th Session and to reply in detail to the present comments in 2011.]