A/HRC/26/44
the Committee found that no concrete proposals to amend the legal address requirement,
which hinders registration, had been taken.89
104. On 30 August 2013, the International Trade Union Confederation reported to ILO
numerous allegations of the Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87).90 These include the denial of the right to hold pickets
and demonstrations, the deregistration of a primary trade union affiliated to the Radio and
Electronic Workers’ Union and pressure and threats from the authorities against leaders of
the Free Metal Workers’ Union.
105. The Special Rapporteur notes the request of the ILO Committee to the Government
to intensify its efforts in ensuring the freedom of association and respect for civil liberties
are fully and effectively guaranteed in law and in practice, as well as its cooperation with
all social partners.91
106. There is a need to review the overtly restrictive regulations relating to registration
and activities of trade unions, in order to facilitate their establishment and free operation.92
N.
Just and favourable conditions of work
107. Permanent, open-ended labour contracts have recently been replaced by short-term
contracts in various sectors. A large proportion of workers (up to 90 per cent – exceptions
being in the public service and some industrial sectors) are in a precarious situation,
threatened with their contract not being renewed. Short-term contracts are the rule, not the
exception, and are in violation of the International Covenant on Economic, Social and
Cultural Rights. Such contracts subject workers to pressure, threats and discrimination
(A/HRC/23/52, paras. 103–107).
108. The system imposed by both employment regulations and practices is that basic
wages are complemented by bonuses. They represent an important proportion of monthly
income but are not considered part of salary, and can therefore be arbitrarily suspended or
suppressed at any time.
109. The situation created by Presidential Decree No. 9 of 7 December 2012 on
additional measures to develop the woodworking industry continued to make it virtually
impossible for workers to resign or have their contracts extended should they disagree with
their working conditions (ibid., paras. 106–107). The Decree violates the principle to freely
choose and accept work.93
110. Complaints registered during consultations by the Special Rapporteur persist that
provisions in the field of labour are applied in a discriminatory way against persons
89
Observation (CEACR) adopted 2013, published 103rd ILC session (2014), Follow-up to the
conclusions of the Committee on the Application of Standards (International Labour Conference,
102nd Session, June 2013), Follow-up to the recommendations of the Commission of Inquiry
(Complaint made under article 26 of the Constitution of the ILO)
(http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3148992:NO)
.
90
91
92
93
Ratified by Belarus in 1956.
See footnote 89 above.
CCPR/C/79/Add.86, para. 19; A/68/276, para. 118(p); A/HRC/15/16, paras. 98.10 and 98.35.
Article 6 of the International Covenant on Economic, Social and Cultural Rights.
19
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