Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

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

Articles 1 and 2, paragraph 3, of the Convention. In its previous comments, the Committee noted that a reform of general secondary education had been approved, the objective of which was to raise the compulsory school-leaving age to 16 years. The Committee notes with interest the information provided by the Government that Act No. 95-3 of 19 March 2002 has harmonized the age of completion of compulsory education with the minimum age for admission to employment or work, namely 16 years.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that section 3 of the Labour Code of 1999 provides that the Code applies to all workers and employers parties to a labour contract in the territory of Belarus. It also noted that section 272(1) of the Labour Code prohibits the conclusion of a labour contract with a person under 16 years of age. The Committee noted that by virtue of these provisions, the Labour Code of 1999 only covers labour relations resulting from a contract. The Committee notes the information provided by the Government in its report, which confirms the position set out above. However, it once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a labour contract. It therefore once again requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing an economic activity that is not covered by a labour contract, such as self-employment.

Article 3, paragraph 1. In its previous comments, the Committee noted that section 274(1) of the Labour Code forbids the employment of persons under 18 years of age in heavy work or work performed under hazardous or risky conditions, as well as underground work and in the mining industry. It noted that, while this provision covers work likely to jeopardize the health or safety of children, it does not however cover types of work likely to harm their morals. In its report, the Government once again indicates that article 32 of the Constitution of Belarus prohibits the performance by children of types of work which may damage their physical, mental or moral development. The Committee requests the Government to indicate the provisions of the national labour legislation that implement article 32 of the Constitution.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 274(2) of the Labour Code provides that a list of types of work in which the employment of persons aged under 18 years is prohibited shall be drawn up by the Government or a body authorized by it. In its report, the Government indicates once again that the Ministry of Labour, by Decision No. 13 of 1 February 1995, approved a list of types of work prohibited for persons under 18 years of age. It also states that Decision No. 116 of the Ministry of Labour, of 18 December 1997, establishes limits to the weights that persons between 14 and 18 years of age are allowed to lift. The Committee requests the Government to provide a copy of Decision No. 13 of 1 February 1995 and of Decision No. 116 of the Ministry of Labour of 18 December 1997. It also requests it to indicate whether prior consultations were held with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. The Committee notes the information provided by the Government in its report to the effect that the age of the commencement of vocational training and apprenticeship is 15 years. It also notes the statistical data on students engaged in vocational training and apprenticeship.

Article 7, paragraphs 1 and 2. Light work and vocational training. Further to its previous comments, the Committee notes that, by Decision No. 1598 of 14 October 2000, the Council of Ministers adopted a programme to develop vocational training for young persons, the objective of which is to secure both their training and their employment. It also notes that this programme was approved by Joint Decision No. 32/66/22/91 of 29 March 2001 of the Ministry of Labour, the Ministry of the Economy and the State Committee for Youth. The Committee notes that this programme to develop vocational training currently covers young persons between 15 and 18 years of age and that, once the reform of the general education system is fully implemented, the programme will cover young persons between 16 and 18 years of age. The Committee requests the Government to provide a copy of Decision No. 1598 of 14 October 2000 and of Joint Decision No. 32/66/22/91 of 29 March 2001.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that section 272(3) of the Labour Code provides that a list of types of light work that may be performed by persons between 14 and 16 years of age was to be adopted by the Government or by an institution authorized to do so. In this respect, the Committee notes the information provided by the Government in its report that a list of types of light work that may be performed by persons between 14 and 16 years will be approved by the Government or a body authorized to do so. The Committee also notes that sections 114 and 115 of the Labour Code set forth the conditions of employment for persons between 14 and 16 years of age, namely that they may only work 23 hours a week and that their daily working time may not exceed 4 hours and 36 minutes. The Committee requests the Government to provide a copy of the list of types of light work that may be performed by persons between 14 to 16 years of age, once it has been adopted.

Article 9. The Committee had noted that section 199 of the new Penal Code of 9 July 1999 provides for the imposition of sanctions, such as fines and correctional measures, against those violating the labour legislation. Noting that the Government does not provide any new information on this point, it once again requests the Government to supply information concerning the application in practice of section 199 of the Penal Code of 1999 and to indicate the persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention.

The Committee notes that no provisions in the national legislation appear to set forth the obligation for the employer to keep a register containing the names and age or date of birth of persons whom they employ who are under 18 years of age, in accordance with Article 9, paragraph 3, of the Convention. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee requests the Government to provide a copy of the following legislative texts:

-  Order No. 271 of 31 August 1993;

-  Order No. 272 of 31 August 1993;

-  Order No. 252 of 16 September 1994;

-  Decision No. 13 of 1 February 1995;

-  Order No. 201/51 of 2 June 1995;

-  Order No. 430 of 4 November 1995;

-  Decision No. 116 of the Ministry of Labour of 18 December 1997;

-  Order No. 493 of 13 August 1998;

-  Decision No. 860 of the Council of Ministers of 9 July 1999 respecting the participation of school children in agricultural work;

-  the Regulations on vocational training, approved by Decision No. 46 of the Ministry of Education, of 9 February 1999;

-  Decision No. 1598 of 14 October 2000;

-  Decision No. 32/66/22/91 of 29 March 2001;

-  the Code of Administrative Violations.