Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee takes note of the Government’s report received on 24 September 2008. It notes with interest the issuance by the Council of Ministers of the Republic of Belarus of Decree No. 959 on the Department of State Labour Inspection at the Ministry of Labour and Social Security. The Committee would be grateful if the Government would clarify whether and, if so, to what extent, Decision No. 332 of the Council of Ministers of 11 April 1997 on the issues covered by the Labour Inspection Committee remains in force.

Noting that none of the following legal provisions has been sent to the ILO, the Committee would be grateful if the Government would communicate to the ILO a copy of those still in force:

–      Decree No. 905 of the Council of Ministers of 16 August 2005, on the National Programme to Improve Conditions of Work for 2006–10.

–      Decree No. 1589 of the Council of Ministers of 31 October 2001.

–      Decree No. 22 of the Ministry of Labour and Social Protection of 27 December 2001 on the Department of State Labour Inspection of the Ministry of Labour and Social Protection of the Republic of Belarus.

–      Decision No. 572 of the Council of Ministers of 13 October 1995 approving the Regulations on the State Inspection of Works in Industry and Nuclear Power Engineering.

–      Decision No. 332 of the Council of Ministers of 11 April 1997 on the issues covered by the Labour Inspection Committee.

–      Decision No. 377 of the Council of Ministers of 18 June 1997 approving the Regulations on the State Inspection of the Technical State of Tractors, Irrigation, Road-building and Agricultural Machinery and Equipment of Collective Farms and Other Cooperatives, State Farms, Enterprises, Organizations, Farmers’ Households and Citizens (State Technical Inspection).

–      Decision No. 26 of the Council of Ministers of 10 January 1998 approving the Regulations on the State Energy Inspection.

–      Decision No. 1236 of the Council of Ministers of 10 August 2000 approving the Regulations on the State Sanitation Inspection.

Articles 8, 9 and 10 of the Convention. Labour inspection staff. The Committee notes with interest in reply to its previous direct request the general information on the numbers and distribution of labour inspection staff, as well as the number and distribution of workers by economic activity. The Committee would like to emphasize the importance for the labour inspectorate to have at its disposal updated data on the industrial and commercial workplaces liable to labour inspection, so as to be able to assess its coverage rate with a view to improving it. Consequently, the Committee once again asks the Government to indicate the criteria used for determining the number of labour inspectors, to take measures and to ensure the availability of the requested data on the workplaces liable to inspection under this Convention.

The Committee would also be grateful if the Government would provide detailed information on the current ratio between men and women in the labour inspection staff, on the measures taken to ensure that duly qualified technical experts and specialists are associated in the work of inspection and on the geographical distribution of the inspection staff.

Article 11. Logistical and material resources available to labour inspection services. In its report received in October 2006, the Government indicated that considerable transport utilities and office equipment were allocated to state labour inspectors to carry out their functions. The Committee would be grateful if the Government would describe the transport facilities and office equipment available for state labour inspectors, and any subsequent arrangements made as to the manner in which travel expenses are reimbursed to labour inspectors. It also requests the Government to inform the ILO of the impact of the strengthening of transport facilities and office equipment on the coverage and efficiency of the labour inspectorate.

Article 12, paragraph 1(c)(i) and (iii). Inspection prerogatives. The Committee requests the Government to supply the ILO with detailed information on the legislation which gives effect to paragraphs 1(c)(i) relating to interrogations and (iii) relating to the obligation to post notices. If no relevant legal provision exists, it requests the Government to adopt measures for these purposes, and to keep the ILO informed of any progress made.

Article 18. Enforcement of adequate penalities. In an article published by the Government in the journal of “Protection of Labour and Social Security” (No. 3, 2008) and communicated to the ILO, the Government indicates that new measures have been adopted to ensure the right of employees to safe conditions of work and the responsibility of employers and other officials for the infringement of the labour legislation. The Committee would be grateful if the Government would provide detailed information on the abovementioned measures and their impact on labour inspection activities.

Articles 20 and 21. Annual report on labour inspection. The Committee notes the indication by the Government that in accordance with Decree No. 905 of the Belarus Council of Ministers referred to above, the annual report on compliance with labour legislation and the state of occupational safety and health in 2007 was submitted in April 2008 to the Belarus Council of Ministers, national state authorities and other government agencies, oblast executive committees and the Minsk City Council for analysis and the adoption of measures to prevent breaches and reduce industrial injuries and occupational diseases. The Committee hopes that the annual report will soon be published and communicated to the ILO, and that future annual reports will also be published and communicated to the ILO on a regular basis as required by Article 20. It also hopes that the report will contain the data required on each of the items enumerated in Article 21, as well as particulars on labour inspection activities to combat child labour.

Parts III to VI of the report form. The Committee would be grateful if the Government would supply, as requested under Parts III to VI of the report form, detailed information to the ILO and a copy of relevant documents on the manner in which effect is given to the Convention, and if it would indicate any comments made by representative employers’ or workers’ organizations to which the Government’s report has been sent.