Global Rights Index 2014 - Belarus

Country Rating: 5

• No guarantee of rights

• Countries with the rating of 5 are the worst countries in the world to work in. While the legislation may spell out certain rights, workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices.

Intervention in trade union activities: SPB members are deprived of the possibility of using the company medical rehabilitation centre or receiving bonuses and additional payments envisaged by the collective agreement. The employer, having asked the union to present confirmation of its representativeness, has practically excluded the SPB company union from the collective bargaining process and from signing the collective agreement. Moreover, the employer is actively blackmailing SPB members with threats of dismissal after the termination of their contracts if they remain members of the SPB union. So, for example, on 31 July, 2013 Dmitri Kurmaz – SPB member and a setup operator of the 5th category – was dismissed. The management of Bobruisk Tractor Parts and Components Company openly declared that the contract with the young worker will not be prolonged due to his affiliation to the independent union.

De-registration of trade union and anti-union discrimination: The Borisov district executive council by its decision N°942 dated 29 July 2013 has illegally removed from the register the Borisov town primary-level union organisation affiliated to the Belarusian Radio-&-Electronic Industry Worker' Union (REP) thus depriving the union of its official status and the possibility to carry out its activities. Borisov town council has justified its decision by making a reference to paragraph 24 of the Instructions N°48 adopted by the Ministry of Justice and dated 30 August, 2005.

The leaders of the regional structures of the Free Metalworkers' Union (SPM) also are subjected to discrimination on the grounds of union affiliation. The pressure is imposed on them by KGB personnel. Not only are trade union activists threatened and persecuted but their relatives too. Such cases took place in May-June in Mogilev.

Intervention in trade union activities: On 16 May 2013, the Director of JSC "Polotsk-Steklovolokno" prevented Viktor Stukov, Chairman of the local trade union, from entering company premises. In violation of the law on trade unions the management has been refusing to issue a pass for the trade union leader for 2 months.

BKDP & REP prevented from holding May Day demonstrations in Minsk: On 1 May 2013, the Minsk City Executive Committee did not authorise the independent trade unions to hold demonstrations in Minsk on May 1. The authorities rejected the requests of the BKDP and the Radio and Electronics Workers Union (REP) under the pretext of that the squares in Minsk would be occupied by other public events on May 1.

Arbitrary reasons against Viktor Stukov: In 2012 disciplinary actions have been taken on arbitrary reasons against Viktor Stukov, the chairperson of the SPB primary union at "Polotsk-Steklovolokno" Company. On 11 March, 2013 Viktor Stukov was dismissed allegedly for systematic and repeated failure to perform his employment duties despite his 29 years of employment service. Viktor Stukov was denied any claims (including reinstatement, payment of compensations and etc.) by the Polotsk district and town court decision dated 16 April 2013. The Vitebsk regional court has also failed to adequately address the complaint of Viktor Stukov.

Workers not permitted to picket: The Minsk City Executive Committee rejected the application of Belarusian Independent Trade Union (BNP) to hold a picket in Minsk on 20 July 2013. The event was planned in order to raise awareness around the amendments to the Law "On Professional Pension Insurance", as well as amendments to the Labour Code adopted in the first reading by the National Assembly.