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Trade Union Rights in Belarus

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Trade Union Rights in Belarus Trade Union Rights in Belarus Report of the Commission of Inquiry appointed under article 26 of the Constitution of the International Labour Organization to examine the Observance by the Government of the Republic of Belarus of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) July 2004 International Labour Office Geneva Trade Union Rights in Belarus Report of the Commission of Inquiry appointed under article 26 of the Constitution of the International Labour Organization to examine the Observance by the Government of the Republic of Belarus of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) July 2004 Contents CONTENTS Acronyms Page iii-ix Paragraph Part I Introduction and Background to the Case ................................1-37 Chapter 1. Filing of the Complaint and Appointment of the Commission................... 1-5 I. Filing of the complaint............................................................................. 1-3 II. Summary of measures taken by the Governing Body of the ILO following the filing of the complaint ........................................................4 III. Appointment of the Commission.................................................................5 Chapter 2. Synopsis of the Dialogue and Relations Between the ILO and Belarus Concerning Freedom of Association .......................................... 6-37 I. The first complaints against the Government of Belarus (Case Nos. 1849 and 1885)........................................................................... 8-13 II. The International Labour Conference Committee on the Application of Standards .................................................................. 14-15 III. Case No. 2090............................................................................................16 IV. Continuing dialogue with the Committee of Experts on the Application of Conventions and Recommendations and the Committee on the Application of Standards .................................... 17-23 V. ILC Credentials Committee and the Committee on the Application of Standards - 2002 ........................................... 24-28 VI. 91st Session of the International Labour Conference, 2003................ 29-37 Part II Procedure Followed by the Commission.................................. 38-94 Chapter 3. First Session of the Commission ................................................................ 38-55 I. Solemn declaration made by the members of the Commission.................38 II. Adoption of the procedure to be followed by the Commission........... 39-41 III. Communication of additional information........................................... 42-46 IV. Measures adopted with a view to the Second Session and the subsequent work of the Commission ................................................ 47-55 Chapter 4. Communications Received by the Commission after its First Session.............................................................................................. 56-73 I. Communication from the complainants............................................... 57-60 II. Communication from the Government ................................................ 61-62 III. Communication from the Committee on Freedom of Association Case No. 2090 complainants............................................................. 63-66 IV. Communications from other workers’ and employers’ organizations in Belarus.................................................................... 67-71 iii Contents Paragraph V. Communications concerning witnesses to be heard by the Commission at the formal hearing stage of its Second Session........ 72-73 Chapter 5. Second Session of the Commission ............................................................ 74-90 I. The Commission’s visit to Belarus...................................................... 75-82 II. Hearings ............................................................................................... 83-90 Chapter 6. Third Session of the Commission .............................................................. 91-94 I. Communications received by the Commission after the Second Session..................................................................................91-93 II. Adoption of the report................................................................................94 Part III Historical and Legal Context .................................................. 95-295 Chapter 7. Industrial Relations in Belarus................................................................ 98-162 I. Historical background........................................................................ 98-104 II. Trade unions and employers’ organizations in Belarus................... 105-161 A. Trade unions during the time of the USSR................................ 106-127 The role and functions of trade unions ...................................... 106-114 Trade union structure ................................................................ 115-121 The role of managers in trade unions................................................122 Collective bargaining................................................................. 123-124 Industrial action......................................................................... 125-127 B. Trade unions in the Republic of Belarus ................................... 128-159 The role and functions of trade unions ...................................... 137-138 Trade union structure ........................................................................139 The role of managers in trade unions........................................ 140-143 Collective bargaining................................................................. 144-145 Industrial action......................................................................... 146-159 C. Employers’ organizations in the Republic of Belarus ............... 160-161 Chapter 8. Legislative Survey ................................................................................... 163-215 I. Introduction...................................................................................... 163-172 A. Governance and legislative arrangements .............................. 164-169 B. The Belarussian judicial system.............................................. 170-172 II. Trade union legislation in Belarus ................................................... 173-215 A. Relevant legislative instruments ............................................. 173-177 B. Legislative survey of freedom of association ......................... 178-215 Civil liberties........................................................................... 179-180 Social partnership................................................................... 181-182 Right to organize..................................................................... 183-184 Right to join organizations..............................................................185 Establishment of organizations............................................... 186-191 Drafting of constitutions and election of officers ................... 192-193 Internal administration, activities and programmes .............. 194-196 iv Contents Paragraph Right to strike.......................................................................... 197-205 Receipt of foreign aid.............................................................. 206-207 Check-off facility..................................................................... 208-209 Dissolution of existing organizations...................................... 210-211 Establishment of higher-level organizations and affiliation with international organizations................................212 Protection against anti-union discrimination.................................213 Right to collective bargaining................................................. 214-215 Chapter 9. Complaints Submitted to the Committee on Freedom of Association............................................................................................. 216-295 I. Labour legislation ...........................................................................220-235 A. Presidential Decree No. 2 of 1999 and the Labour Code of 2000................................................................................. 220-229 B. Presidential Decree Nos. 8 and 11 of 2001............................. 230-235 II. Obstacles to trade union activity...................................................... 236-248 A. Practical application of the registration procedure ................. 236-242 B. Obstruction of check-off facilities and interference in trade union financial affairs ................................................. 243-248 Non-transfer of union dues .............................................................245 Withdrawal of check-off facilities ........................................... 246-247 Freezing of union accounts.............................................................248 III. External interference in trade union activities ................................. 249-280 A. Presidential instructions and orders ........................................ 249-253 B. Government interference in trade union elections and attempts to remove trade union leaders......................... 254-273 FPB ........................................................................................
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