Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. National Action Plan 2004-10. The Committee had previously noted the adoption of a National Action Plan to improve the position of children and protect their rights and which aims to ensure favourable conditions for the valuable physical, mental and moral development of children, improve their quality of life, and protect them from violence and brutality. The Committee notes the Government’s information that the implementation of this National Action Plan led to the adoption of the following laws: Law No. 216-3 of 2003 on vocational and technical training; Law No. 141-3 of 2006 on general secondary education; Decree No. 73-3 of 2005 on social protection measures for orphans and abandoned children; Decree No. 289 of 2006 on rules for establishing a childcare home; Decree No. 840 of 2006 on state provisions for orphans, abandoned children, and institutions to take care of street children; Decree No. 42 of 2006 on social pedagogical and psychological services in educational institutions; Decree No. 318 of 2006 on the presidential programmes for the children of Belarus for the years 2006-10, the objectives of which include providing conditions for the physical and intellectual development of children, and establishing a comprehensive system of social protection and social integration of children in difficult life situations. This Decree also establishes several time-bound subprogrammes such as: the social protection of family and children; children of Chernobyl; disabled children and orphaned children. The Committee further notes the Government’s information that the coordination of this national programme is the responsibility of the National Commission of the Rights of the Child (NCRC). According to the Government’s report, the functions of the NCRC are to protect children against AIDS, violence, trafficking and exploitation. The Committee further notes the Government’s information that, in Belarus, there exists a network of social pedagogical institutions which includes 140 homes for children and 84 social pedagogical institutions for children living in difficult situations. The Committee takes due note of this information.

Article 2, paragraph 1. Scope of application. The Committee had previously requested 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. The Committee notes 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 also notes the Government’s information that Presidential Order No. 327 of 19 July 2005 on Additional Measures to Protect Workers’ Labour and Socio-economic Rights and Interests, provides for public supervision of compliance with labour legislation in organizations and by individual entrepreneurs and defines the structures that are empowered to carry out such supervision. The Committee requests the Government to indicate whether the provisions of Presidential Decree No. 327 of 2005 cover those children and young persons who are working on their own account and who are not bound by a contract of employment, or to indicate the legislation or regulations applicable to them and, as appropriate, supply a copy of the texts.

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 hopes that the Government will 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 notes the absence of information in the Government’s report on this point. The Committee once again 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 requests 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.

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes the Government’s information that labour inspectors establish the identity of workers under the age of 18 years on the basis of the information contained in form T-2. It further notes the Government’s indication that Order No. 94 of 1990 fixes the form of documents to be kept and maintained in the enterprises and organizations by employers. According to the Government’s report, form T-2 is an identity card duly filled in by workers, including young workers, which contains information that corresponds to the passport, military card, professional certificates, etc. The Committee notes however the absence of information in the Government’s report with regard to the provisions requiring employers to keep a register. 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, of persons whom he/she employs or who work for him/her 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 notes the Government’s information that the state employment services hire children between the ages of 14 to 18 years during their school vacation or free time from school to work in government establishments. The aim of this programme, according to the Government’s report, is to facilitate children to get acquainted with the working environment and vocational knowledge and labour relations. The Government considers these programmes to be very effective in preventing child delinquencies. The Committee notes the Government’s information that the knowledge acquired through this programme, in particular on labour and employment relations, has led to the suppression of the worst forms of child labour. According to the Government’s report, in 2005 the above programme of temporary employment covered 32,500 children and 20 per cent of these children were child delinquents or street children. 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.