Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that a National Action Plan to improve the position of children and protect their rights for 2004-10 was adopted on 18 December 2003 which aims, inter alia, to "ensure favourable conditions for the valuable physical, mental and moral development of the next generation, improve the quality of children’s lives, preserve their health and form the habits of a healthy lifestyle; and protect them from violence and brutality". It also notes that item 108 of this Action Plan provides for the "creation of conditions for employing minors whilst taking into account current legislation and international norms and improving the analysis of data on the labour of minors". The Committee takes due note of this information and requests the Government to provide information in its next report on the specific measures undertaken to implement the aims set down in the Action Plan and on the results attained.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that section 272(1) of the Labour Code of the Republic of Belarus prohibits the conclusion of a labour contract with a person under 16 years of age. The Committee had also noted that the Labour Code only covers labour relations resulting from a contract. The Committee had requested 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. The Committee notes the Government’s statement that the Labour Code sets the requirement of formalizing labour relations between an employer and a worker by means of a written labour contract and that the State Labour Inspectorate authorities monitor the observance of the labour legislation including the due formalization of employment relations. The Committee also notes that the Department of the State Labour Inspectorate of the Ministry of Labour did not find any infringements in relation with the implementation of the Convention. The Committee notes however that the Government has not communicated any information on provisions of the national legislation, which set forth the prohibition upon persons under 16 years of age from performing work outside the framework of an employment contract. The Committee once again reminds the Government that the Convention applies not only to work under an employment contract, but to all types of work or employment regardless of the existence of a contractual relationship. The Committee therefore once again requests the Government to indicate any specific measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraph 1. Age for admission to hazardous work. The Committee had previously noted that, according to section 274(1) of the Labour Code of the Republic of Belarus, it is prohibited to employ persons under 18 years of age in heavy or hazardous work, as well as underground work and work in the mining industry. It had noted that, while this provision covers work likely to jeopardize the health and safety of children, it does not cover types of work likely to harm their morals. It had also noted 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, and in this regard had requested the Government to indicate the provisions of the national labour legislation that implement article 32 of the Constitution. The Committee notes the Government’s statement that the State’s main objective with regard to the family and children is to ensure the child’s right to valuable physical, mental, moral and social development and a family environment. It also takes note of the Government’s statement that this objective is accomplished by a number of legislative and normative documents, such as the Code on Marriage and Family, the Labour Code and a number of laws in the area of social protection. The Committee notes however that the abovementioned legislative documents do not appear to contain a direct prohibition of employment of children under 18 years of age in work which is likely to jeopardize their morals. The Committee therefore requests the Government to indicate whether the national legislation contains provisions prohibiting employment of persons under 18 years of age in work likely to harm their morals and, if not, to take the necessary measures to explicitly set out in the national legislation the minimum age of 18 years for admission to such types of work.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments the Committee had noted that section 274(2) of the Labour Code provides that a list of types of work in which the employment of persons under 18 years of age is prohibited shall be drawn up by the Government or a body authorized by it. The Committee had noted the Government’s information 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, and had requested the Government to provide a copy of this Decision. The Committee had also asked the Government to provide a copy of Decision No. 116 of 18 December 1997 which establishes limits to the weights that persons between 14 and 18 years of age are allowed to lift. The Committee notes that the Government has provided a copy of Decision No. 116 of 18 December 1997, but has not provided a copy of Decision No. 13 of 1 February 1995. The Committee therefore once again requests the Government to supply a copy of Decision of the Ministry of Labour No. 13 of 1 February 1995, which sets a list of types of work prohibited for persons under 18 years of age.

Article 7, paragraphs 1 and 2. Light work and vocational training. The Committee notes that the Government has provided copies of Decision of the Council of Ministers No. 1598 of 14 October 2000 and of Joint Decision No. 32/66/22/91 of 29 March 2001 concerning vocational training, the objectives of which are to secure vocational training and employment for young persons.

Article 7, paragraph 3. Determination of light work. The Committee had previously asked the Government to provide a copy of the list of types of light work that may be performed by persons between 14 and 16 years of age. The Committee takes note of Decision of the Ministry of Health No. 9 of 29 April 2000, provided by the Government, which sets the list of types of light work that may be performed by persons between 14 and 16 years of age. The Committee notes that this list contains different types of agricultural work, work in forests, planting of trees and environment planning, delivery of correspondence and work performed in school workshops. The Committee also takes note of Decision No. 860 of the Council of Ministers of 9 July 1999 respecting the participation of school children in agricultural work. The Committee notes that according to this Decision school children from the age of 14 years may participate in agricultural work, which is not harmful for their development and which does not prejudice their attendance at school or, alternatively, is a part of their vocational training. It notes that children between 14 and 16 years of age may not participate in such work for more than 24 hours a week and four hours a day. The Committee takes due note of this information.

Article 9, paragraphs 1 and 2. Appropriate penalties and determination of persons responsible for compliance with the Convention. The Committee notes that the new Code of Administrative Violations was adopted on 21 April 2003 No. 194-3 and according to its section IV it will come into force by a special law. The Committee notes that sections 9.15-9.19 of this Code provide for penalties for different violations of the labour law. It notes however that there are no specific provisions concerning child labour. The Committee therefore requests the Government to indicate whether the national legislation provides for penalties for the violation of the requirements of the minimum age for admission to employment. It also asks the Government to provide information on persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention. Finally, the Committee requests the Government to indicate whether the new Code of Administrative Violations has come into force.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted 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 under 18 years of age whom they employ. The Committee notes that the Government’s report contains no information on this subject. It reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified possible, of persons whom he employs or who work for him and who are less than 18 years of age. 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.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons and extracts from the reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.