A/HRC/29/43
Electronic Workers’ Union, and pressure and threats from the authorities against leaders of
the Free Metal Workers’ Union, communicated by ITUC.
107. Article 30 of Law No. 141-3 on municipal electric transport and the metro system,
adopted on 5 May 2014, forbids strikes in that transport sector. A similar provision was
included in amendments to the law on railway transport adopted in December 2014. 70
108. The Special Rapporteur notes that Aliaksandr Varankin, Mikalai Zhybul, Aliaksandr
Hramyka and Aleh Shauchenka, members of the Belarusian Free Trade-Union who were
fired from the Babruysk plant of tractor parts and units, came before the Babruysk city
court on 18 December 2014 charged with participating in an “unsanctioned mass event”
(referring to the hunger strike). The judge fined them for their participation in it.71
N.
Just and favourable conditions of work
109. On 15 December 2014, Presidential decree No. 5 on strengthening the requirements
for managers and employees of organizations was signed. The Special Rapporteur is
concerned that the decree introduces new disciplinary action and further grounds for
dismissal and suspension from work, and expands the grounds for early employer-initiated
termination of contracts.72
110. As noted by the mandate holder in previous reports, short-term contracts are the rule
rather than the exception in various sectors in Belarus. A large proportion of workers (up to
90 per cent – apart from public service and some industrial sectors) are in a precarious
situation, threatened with non-renewal of contract, in violation of the International
Covenant on Economic, Social and Cultural Rights. Such contracts subject workers to
pressure, threats and discrimination (A/HRC/26/44, para. 107).
111. The Committee on Economic, Social and Cultural Rights requested Belarus to revise
the system of short-term labour contracts, to abolish forced labour of persons with
substance addiction, to ensure the free exercise of rights of trade unions and to guarantee
social protection mechanisms (see E/C.12/ BLR/CO/4-6). Belarus should implement the
recommendations made by the Committee and enshrine in its legal system the principle of
non-discrimination in employment on all grounds, in accordance with international
standards.
O.
Forced labour
112. On 20 October 2014, the authorities in Belarus announced a plan to introduce
measures against sponging (tuneyadstvo).73 “Spongers” are labelled as those that either do
not work at all or do not work officially according to government data. A draft decree ”on
stimulation of employment of citizens”, presented to the Council of Ministers on 19 March
2014, provides for taxes on all employable citizens who are not employed and punitive
measures against those who do not work.74 The Special Rapporteur is concerned about the
impact of such a scheme on vulnerable persons in society and its contravention of
70
71
72
73
74
See http://law.by/main.aspx?guid=150203.
Belarusian Helsinki Committee et al, Analytical review (see footnote 2).
Belarus Digest, “Lukashenka’s decree No. 5: a new blow to Belarusian workers”, 30 December 2014.
Vadzim Smok, “Belarus may introduce forced labour to fight sponging”, Belarus Digest, 29 October
2014.
Belta, “Draft ordinance on employment submitted to Belarus’ Council of Ministers”, 19 March 2015.
19
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