Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s indication that a civil contract according to section 20 of the Civil Code can be concluded with a person of 18 years of age. In order to exercise self-employment or entrepreneurial activities, the person has to register as an individual entrepreneur. The Committee notes in the Government’s report that work activity can take place in only three forms. Apart from a civil contract and self-employment, both mentioned above, work activity can also take place under the form of a contract of employment. Labour relations based on a contract of employment are regulated by the Labour Code, Act No. 296-Z of 26 July 1999 (Labour Code). Section 21 of the Labour Code provides that a contract of employment may be concluded with persons who have attained 16 years of age; similar provisions exist under section 272. (In the case of the written consent of one of the parents, the employment contract may be concluded with persons who have attained 14 years of age, for them to carry out light work provided that it does not harm their health or interfere with their education.)

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted the Government’s indication that the list of occupations for which the employment of persons of less than 18 years of age is prohibited, is approved by Decision No. 13 of the Ministry of Labour and Social Protection of 2 February 1995. The Committee requests the Government to send a copy of Decree No. 13 of 2 February 1995 concerning the list of occupations forbidden to persons under 18 years of age, along with its next report.

Article 9, paragraphs 1 and 2. Appropriate penalties and determination of persons responsible for compliance with the Convention. The Committee had previously noted that the Code of Administrative Violations of 21 April 2003 provides for penalties for different violations of the labour law. It had previously noted that there are no specific provisions concerning child labour. The Committee requested 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 requested the Government to provide information on 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 in the Government’s report that, by virtue of section 272 of the Labour Code, a contract of employment may be concluded with persons who have attained 16 years of age. (It may also be concluded with persons between 14 and 16 years of age, if one of their parents has granted written consent thereto, for light work that does not harm their health or development and does not interfere with their school attendance.) Concluding a contract of employment with persons under 16 years of age (or under 14, with the conditions set out above) is a breach of labour legislation. The Committee notes that breaches of labour legislation by legal and natural persons are, pursuant to section 465 of the Labour Code and in accordance with the law, punishable by various measures including administrative responsibility. The Committee further notes that, on 1 March 2007, the Belarus Administrative Offences Code, Act No. 194-Z of 21 April 2003 (Offences Code) entered into force. As per section 9.19 (Breach of Labour Legislation) of the Offences Code, the illegal hiring of a worker by the employer is subject to a fine of 20 to 100 times the base amount. Finally, the Committee notes that the Belarus Administrative Procedures Code, Act No. 194-Z of 20 December 2006 (Procedures Code) provides in its section 3.23 that breaches of labour legislation, such as the one under section 9.19 of the Offences Code, constitute administrative offences and are therefore examined by organs of the State Labour Inspection Department of the Ministry of Labour and Social Security. More specifically, the following are entitled to examine administrative offences: (a) the director of the Department and his deputies; (b) heads of establishments and their deputies; (c) heads of inter-district labour inspectorates and their deputies; (d) heads of sections and; (e) the state labour inspectorate. The Committee requests the Government to supply a copy of the Belarus Administrative Offences Code and the Belarus Administrative Procedures Code in its next report.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee noted the Government’s indication that Order No. 94 of 1990 fixes the form of documents to be kept and maintained in enterprises and organizations by employers. Form T-2 is an identity card duly filled in by workers, including young workers, containing information that corresponds to the passport, military card, professional certificates, etc. The Committee requested the Government to supply information regarding the provision requiring employers to keep a register or, in the absence of such provisions, to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee notes in the Government’s report that according to Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on Workers’ Employment Books (Workers’ Employment Books Resolution), workbooks are kept in order to record the labour activity of all workers (including those under 18 years of age). Persons working for the first time must be issued with a workbook in accordance with the recruitment documents given to the worker. The full name of the employee and the date of birth contained in the workbook must be taken from either the passport or the birth certificate; accepting the employee’s word on these details is not permitted. Entries in the workbook are made by the employer in strict compliance with the Instructions on the Keeping of Workers’ Work Books set out in the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998 (Keeping of Workers’ Work Books Order). The responsibility for timely and accurate completion of the workbook, registering, safeguarding and issuing it is assigned to a specially authorized person appointed by the employer.

The Committee further notes that a logbook must be kept by the employer or by a person authorized by the employer. A breach of the procedure for the issue and safekeeping of workbooks renders the guilty person liable to disciplinary, administrative or other measures, in accordance with the law. Finally, the Committee notes that the control of compliance with the procedures for the processing, recording, safekeeping and issuing of workbooks is exercised by organs of the State Labour Inspection Department within the Belarus Ministry of Labour and Social Security. Upon request by such representative organs, the employer must produce the documentation regarding workbooks (such as the logbook) as well as the actual workbooks. The Committee requests the Government to supply a copy of Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on Workers’ Employment Books as well as a copy of the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998 along with its next report.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes in the Government’s report that in 2006, over 40,000 trainees and students, of whom 80 per cent were in grades 8–11, were placed in temporary jobs during holidays and free time. To do so, 705 agreements were concluded with various organizations. In 2007, 46,200 trainees and students, of whom 80 per cent were again in grades 8–11, were placed through 789 agreements. For the period from January to March 2008, 150 agreements were concluded with organizations. Among these working trainees and students, over 20 per cent are so-called “difficult” adolescents. Such participation gives them the opportunity to get off the streets and work under the supervision of teachers. The Committee further notes that priority in such temporary employment is given to orphans, young people from families of unemployed people, single-parent families, large families and disadvantaged families and also young people in the care of children’s affairs committees.

The Committee notes that in 2007 in the Brest oblast, 156 young people in the care of children’s affairs committees and inspectorates, 390 from boarding schools, 777 from disadvantaged families, 880 from large families and 126 from families of unemployed citizens were placed in temporary work. In Minsk City, in the first quarter of 2008, 93 adolescents in the care of the children’s affairs inspectorate were placed in work. Finally, the Committee notes that for the purpose of further developing the temporary employment of young persons, the state employment promotion programme envisages placing 29,900 young persons in temporary work in 2008. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age and extracts from reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.