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

Measures to promote the employment of vulnerable categories of workers. The Committee notes the comments submitted by the Belarusian Congress of Democratic Trade Unions (BKDP) in August 2009. The BKDP refers to the right to work of the citizens, and argues that short-term contracts, in practice, limit workers’ rights to free choice of employment. The BKDP indicates that short-term contracts are contrary to the spirit of the Convention, because terminating these contracts deprive workers of their right to work. The BKDP refers to non-renewal of fixed-term contracts in enterprises located in Bobruisk and Novopolstok. In this context, the Committee would like to draw the Government’s attention to certain provisions of related international labour instruments (see Article 2, paragraph 3, of the Termination of Employment Convention, 1982 (No. 158), and Paragraph 3 of the Termination of Employment Recommendation, 1982 (No. 166)) that provide for the protection of workers against the use of contracts which can impair the achievement of the objectives of full and productive employment as laid down in Convention No. 122. The Committee invites the Government to reply to the BKDP comments, particularly to specify how it has been possible to satisfy the employment needs of the workers whose short-term contract of employment had ended. It also requests information in the Government’s next report on the measures envisaged with the cooperation of the social partners to improve employment security in the labour market.

The Committee received the Government’s report submitted in September 2009 replying to its 2008 direct request. It looks forward to addressing the Government’s information, as well as any response to the BKDP comments that the Government wishes to set forth, during its next session.