Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Belarus (Ratification: 1956)

Articles 1(1) and 2(1) of the Convention. Compulsory public service. The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP) indicating that graduates who have completed higher, secondary specialized, or vocational education and studied full-time on a state-funded basis, as well as those who have studied at least half of their programme on a state-funded basis, are subject to mandatory job placement for a period of one to two years. According to section 72 of the Education Code, mandatory job placement is carried out by a state educational institution or, in cases established by the Government, by a state agency, and aims to support graduates, as well as meet the needs of economic and social sectors for specialists, workers, and employees. The BKDP further indicates that graduates can offset funds supposedly spent by the State to avoid mandatory job placement or to leave the assigned job within six months after graduation or the termination of a labour contract. However, as highlighted by the BKDP, the amount graduates must reimburse is approximately double the cost of tuition-based education for the same major. The BKDP specifies that the amounts reimbursed to graduates are calculated by the educational institutions’ accounting departments using data only available to them, which makes it difficult to verify or challenge. Furthermore, courts generally do not question the calculations of reimbursement amounts. The BKDP points out that most graduates cannot afford to reimburse the requested amounts due to households' low disposable income and low monthly wages.

Additionally, the BKDP indicates that, although section 72 of the Education Code requires jobs assigned to graduates to match their field of study, awarded qualification, and/or academic degree, there are instances when graduates are placed in positions outside their area of specialization due to the economic needs of State-owned enterprises. Furthermore, many graduates are forced to perform tasks outside their official duties without pay and often face unsatisfactory housing and poor working conditions. In particular, workplaces are characterized by low salaries, which in some cases may fall below the minimum subsistence level, outdated equipment, heavy workloads, and disrespectful treatment from management, including verbal abuse and threats dismissal. As a result, according to the BKDP, the large size of reimbursement amounts and short reimbursement terms are actually a “penalty,” since they place a disproportionate financial burden on the graduate and constitute an unfulfillable obligation, effectively preventing the exit from the employment relationship.

The Committee also notes that, in his report of 22 July 2025, the UN Special Rapporteur on the situation of human rights in Belarus indicates that the obligation for compulsory State-assigned work for university graduates is binding regardless of personal circumstances. If graduates refuse the assigned placement, they must pay the State an arbitrarily defined amount of compensation.

The Committee has previously noted in respect of compulsory service imposed on persons who have completed studies or training that, where such service obligations are enforced by the menace of any penalty, they may have a bearing on the observance of the Convention (see the Committee’s 2007 General Survey, Eradication of forced labour, para. 95). The Committee therefore requests the Government to provide information on the measures taken to ensure: (i) the amount for reimbursement by graduates is proportional to the corresponding State's expenditures; (ii) the reimbursement amounts are determined in a predictable manner, so that graduates can make informed decisions about the costs they would need to cover if they refuse mandatory job placement; and (iii) that working conditions and housing conditions, if applicable, for graduates meet the requirements of labour law. The Committee further requests the Government to indicate whether graduates have the right to appeal decisions made by educational institutions regarding reimbursement amounts and job assignments.

Articles 1(1) and 2(1). Restrictions on freedom of workers to terminate employment. (i) The Committee previously noted that according to section 41 of the Labour Code, a fixed-term employment contract concluded for a period of up to five years is subject to early termination at the worker’s request only in case of his or her illness or disability, enrolment into military service, or other “good” reasons that prevent performance of work under the fixed-term employment contract, as well as in case of violation by the employer of labour legislation, collective agreements or the employment contract.

The Government indicates in its report that labour relations in Belarus are based on the principles of free will, meaning that the type, terms, and conditions of the employment contract are determined independently by the parties to the employment contract by mutual agreement. The Government further refers to the “contract,” which is a type of fixed-term employment contract concluded for a period of between one and five years, as regulated by Chapter 18.1 of the Labour Code. The “contract” must include incentives such as up to five additional paid leave days and wage increases of up to 50 per cent. Workers are also entitled to higher compensation if the employer breaches the “contract.” According to the Government, these additional incentives provided by the “contract” can be viewed as compensation for the willingness to work for the specified period outlined in the “contract.” As a result, there must be a particular reason for the early termination of the “contract,” which must prevent the worker from fulfilling their duties. In the absence of a legitimate reason to terminate a fixed-term employment contract, the contract can be terminated by mutual agreement between the worker and the employer.

The Committee once again recalls that, even in cases where employment is originally the result of a freely concluded agreement, the worker’s right to leave their employment remains inalienable. The Committee, therefore, observes that the right to terminate employment upon notice of reasonable length must be provided to workers in case of fixed-term employment contracts of particularly long duration. Any statutory provisions that prevent this right are incompatible with the Convention (see the Committee’s 2007 General Survey, Eradication of forced labour, para. 40). The Committee requests the Government to provide information on the measures taken to ensure that workers under fixed-term employment contracts concluded for several years are provided with the right to terminate employment upon notice of reasonable length in the absence of a legitimate reason.

(ii) The BKDP indicates that according to the President’s Decree No. 74 “On Strengthening the Role of Chairpersons of Basic-Level Executive Committees in Regional Development” adopted on 21 February 2025, the heads of executive committees are authorized to approve termination of employment contracts with heads of organizations, branches and other separate divisions of organizations, chief specialists of agricultural organizations, located in the relevant territory according to the list determined by the relevant executive committee (section 3.1). The BKDP further indicates that privately owned organizations may also be included in the relevant lists, and executive committees may arbitrarily restrict employees' right to terminate their employment without providing any reason. The Committee requests the Government to provide information in this respect.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Government indicates that from 2021 to July 2024, there were one case in 2021 and four cases in 2022 under section 181 (trafficking in persons) of the Criminal Code. Under section 171 (procurement) of the Criminal Code, there were 110 cases in 2021, 86 in 2022, 79 in 2023, and 43 during the first seven months of 2024. The Government further indicates that 244 victims of trafficking were identified in 2021, 210 in 2022, 381 in 2023, and 118 during the seven months of 2024. The Committee further notes the various measures indicated by the Government to raise awareness of trafficking in persons, including information campaigns, training, and seminars. The Government also indicates that the International Training Centre on Migration and Combating Trafficking in Human Beings (ITC), established with the support of the International Organization for Migration and other United Nations agencies, operates in Belarus and provides training to Belarusian and foreign experts on combating trafficking in persons and identifying and assisting victims. The Government also refers to the “safe departure for work abroad” hotline run by the Department of Citizenship and Migration of the Ministry of Internal Affairs, which aims to prevent the labour exploitation of migrants and protect their rights. The Government also indicates that the activities on preventing trafficking in persons and related crimes are carried within the framework of the Programme to Combat Crime and Corruption for 2023–2025.

The Committee observes that, in its 2022 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Belarus noted a tendency to treat potential cases of trafficking for the purpose of labour exploitation as labour disputes. While noting the measures taken by the Government, the Committee requests it to provide information on the measures taken or envisaged to strengthen the capacity of law enforcement bodies with a view to ensuring that all cases of trafficking are identified and promptly investigated, resulting in their effective prosecution. The Committee also requests the Government to continue to provide information on: (i) the application of sections 171 and 181 of the Criminal Code in practice, including the number of investigations, prosecutions, convictions and specific penalties applied; and (ii) the number of victims identified, and the type of assistance provided to them.

Articles 1(1) and 2(1). Compulsory labour imposed on parents whose children have been removed. The Committee takes note of the Government’s indication that, as of 1 July 2024, the internal affairs agencies registered 11,000 persons who had to reimburse child maintenance costs incurred by the State. 10,680 persons out of 11,000 were employed in permanent jobs under labour contracts. The Government indicates that since the entry into force of the Presidential Decree No. 18 of 24 November 2006 on supplementary measures for state protection of children from “dysfunctional families”, there has been a decrease in the number of children whose parents lose their parental rights and are required to repay child support costs. The Committee requests the Government to continue to provide information on the application of the Decree in practice, indicating the number of persons who are obliged to reimburse expenses for the maintenance of their children, including by taking up employment pursuant to a court ruling.