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Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Other comments on C138

Observation
  1. 1997
  2. 1995
  3. 1994

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Article 3(2). Determination of types of hazardous work. The Committee had previously requested the Government to supply a copy of Decision No. 13, Decree of the Ministry of Labour and Social Protection of 2 February 1995. The Committee notes with interest that this Decree, which was sent by the Government, along with its report, contains a comprehensive list of occupations for which the employment of persons of less than 18 years of age is prohibited.

Article 9(3). Registers of employment. The Committee notes with interest that according to Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on workers’ employment books, a copy which was supplied by the Government, workbooks are to be kept in order to record the labour activity of all workers (including those under 18 years of age) and persons working for the first time must be issued with a workbook in accordance with the recruitment documents given to the worker. The Committee also notes with interest that the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998, annexed to the Government’s report, includes the Instructions on Keeping workers’ workbooks, setting out the requirements for entries in the workbook by employers, and whereby 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.

Part V of the report form. Practical application of the Convention. The Committee notes the information in the Government’s report that in 2009, over 44,000 trainees and students, of whom 84 per cent were in grades 8–11, were placed in temporary jobs during holidays and free time. To do so, 524 agreements were concluded with various organizations. In the first half of 2010, 20,100 pupils and students, of whom 87 per cent were again in grades 8–11, were placed through 464 agreements. The Committee also notes that 20 per cent of these young workers are so-called problem youth and such employment opportunities provide these young people with work experience, learning opportunities and prevent juvenile crime.

The Committee also notes the statistics in the Government’s report on the number of employment circumstances reviewed by the State Labour Inspectorate on the compliance with the provisions of labour and occupational safety and health legislation. Unfortunately this information was not disaggregated by age, sex or economic sector. The Committee accordingly requests the Government to provide information on the application of the Convention in practice, including statistics of inspection visits relating to child labour, disaggregated by age, sex and economic sector, as well as on the number of violations detected and penalties imposed.

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