Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Age Convention, 1973 (No. 138) - Belarus (Ratification: 1979)

The Committee notes the information supplied by the Government in its report.

Articles 1 and 2, paragraph 3, of the Convention. The Committee notes the information supplied by the Government regarding the reform of secondary education, approved by Decision No. 554 of 21 August 1996, by the Executive. In particular, it notes the draft legislation that is going to amend the present legislation on education, and to fix at 16 years the age for the end of compulsory education. The Committee requests the Government to indicate whether such draft legislation has been adopted and, in this case, requests the Government to supply a copy to the Office.

Article 2, paragraph 1. The Committee notes that section 3 of the Labour Code of 1999 states that the Code applies to all workers and employers with a labour contract in the territory of Belarus. It notes that section 272, paragraph 1, of the Code forbids persons under 16 years of age to stipulate a labour contract. The Committee deems that according to this section of the Labour Code of 1999 only labour relations covered by a contract are considered. In this regard, the Committee observes that the Convention applies to all sectors of economic activity, to all forms of employment or work, whether a contract exists or not, or whether there is remuneration or not. Therefore, it requests the Government to take all the necessary measures to ensure that all labour relations involving children are covered by the national legislation.

Article 3, paragraph 1. The Committee notes that section 274, paragraph 1, of the Labour Code forbids persons under 18 years of age to be employed in heavy work, or under risky and dangerous conditions, in underground work and in the mines. The Committee observes that, if this provision is supposed to cover only work likely to jeopardize the health or safety of children, it does not cover work likely to harm their morals. In its report, the Government indicated that section 32 of the Constitution of Belarus forbids children to perform work that can damage their physical, mental or moral development. The Committee requests the Government to indicate the provisions in the national labour legislation, which complies with section 32 of the Constitution.

Article 3, paragraph 2. Further to its previous comments, the Committee notes that section 274, paragraph, 2, of the Labour Code states that a list of occupations in which persons under 18 years cannot be employed will be determined by the Government or by an authorized organ. In its report the Government indicated that the Ministry of Labour, through Decision No. 13 of 1 February 1995 approved a list of occupations forbidden to persons under 18 years of age. It mentioned also that Decision No. 116 of 18 December 1997 by the Ministry of Labour established the limits in the weights that persons between 14 and 18 years of age are allowed to raise. The Committee requests the Government to supply a copy of Decision No. 13 of 1 February 1995 and Decision No. 116 of 18 December 1997, and to indicate whether the organizations of workers and employers have been consulted, according to Article 3, paragraph 2.

Article 6. The Committee notes the information supplied by the Government in its report regarding regulations on professional education, and, particularly, Decrees No. 271 and No. 272 of 31 August 1993, No. 252 of 16 September 1994, No. 201/51 of 2 June 1995, No. 430 of 4 November 1995 and No. 493 of 13 August 1998, by the Ministry of Education, which discipline work that is part of vocational training. In its previous comments, the Committee noted that Chapter 13 of the Labour Code of 1972 disciplined apprenticeship in enterprises, but did not fix a minimum age for admission to apprenticeship. The Committee recalled that the Convention did not apply to work performed by persons at least 14 years of age when they are an integral part of a programme of professional education. The Committee observes that Chapter 15 of the Labour Code of 1999 fully restates Chapter 13 of the Labour Code of 1972. The Committee again requests the Government to indicate the minimum age for apprenticeship in enterprises and to supply statistical data on children and young workers who are involved in apprenticeship programmes. It also requests the Government to indicate whether the workers’ and employers’ organizations have been consulted, in conformity with Article 6.

Article 7, paragraphs 1 and 2. The Committee notes that section 272, paragraph 2, of the Labour Code states that a labour contract can be drawn up, after the written consent of at least one parent (adoptive parent or guardian) of persons who have reached 14 years of age to perform light work that does not harm the health or the development of the worker and does not prejudice school attendance. The Committee requests the Government to indicate whether children between 13 and 15 years of age participate in vocational orientation of training programmes approved by the competent authority.

Article 7, paragraph 3. The Committee notes that section 272, paragraph 3, of the Labour Code states that a list of light work that can be performed by persons between 14 and 16 years of age will be adopted by the Government or by the competent authority. However, the Government’s report does not mention such a list. Further to its previous comments, the Committee recalls again that, according to Article 7, paragraph 3, of the Convention, the competent authority will determine the activities in which employment or work may be permitted. Therefore, it asks the Government to indicate the measures envisaged or taken to give effect to this provision of the Convention.

Article 9. The Committee notes that section 199 of the new Penal Code of 9 July 1999 provides sanctions and appropriate penalties for violators of the labour law. The Committee requests the Government to supply information concerning the practical application of section 199 of the Penal Code of 1999 and to define the persons responsible for compliance with the provisions of the Convention, according to Article 9, paragraph 2, of the Convention.

The Committee observes that no provisions in the national legislation seem to require the obligation for the employer to keep registers, where to note the names, ages or dates of birth of persons employed who are less than 18 years of age, according to Article 9, paragraph 3, of the Convention. The Committee requests the Government to take the necessary measures so that the national legislation complies with this Article of the Convention.

The Committee asks the Government to supply a copy of the following legislation:

-  Decree No. 271 of 31 August 1993;

-  Decree No. 272 of 31 August 1993;

-  Decree No. 252 of 16 September 1994;

-  Decree No. 201-51 of 2 June 1995;

-  Decree No. 430 of 4 November 1995;

-  Decree No. 493 of 13 August 1998, by the Ministry of Education;

-  Law on Education;

-  Model rules of entering a vocational training school, approved by the Order of the Ministry of Education of the Republic of Belarus, of 9 February 1999, No. 46;

-  Code of administrative violations.