Stormy debates were held in Minsk on May 18 at the Ministry of Labor, where a meeting of the Council on the improvement of the labor legislation. Pro-government participants in the meeting refused to discuss the changes in pension legislation and the general deterioration of workers' rights in Belarus. A Połacak resident, deputy chairman of the Belarusian Free Trade Union (BFTU) Nikolai Sharah as a member of the said council told our correspondent about the meeting.
Real workers' representatives
Nikolai Sharah this council represents the democratic trade unions, together with two other colleagues – the chairman of the Belarusian Independent Trade Union (BNP) Nikolai Zimin and deputy chairman of the Byelorussian Congress of Democratic Trade Unions (CDTU) Sergei Antusevich.
The dispute on the agenda
On 18 May began with a dispute over the agenda between the representatives of the CDTU and the rest of the government, employers and trade unions of the old Federation of Trade Unions of Belarus (FPB).
Trinity (the government – employers – trade unions FPB) wanted to discuss only the theory of the concept of improvement of legislation in the social and labor sphere, and the question of their prospects of further cooperation with the International Labour Office to travel to overseas seminars.
BCDTU insisted on discussing four questions: about the intention of the authorities to reduce the protection of workers the new changes of the Labour Code, changes in pension legislation, non-compliance with the directors of the enterprises of the general agreement and the dismissal of the management of OJSC "Połacak – Fiberglass" Sharakh Council member Nicholas.
After a brief skirmish between the opposing parties state nomenclature superior in number (15 against 3 persons) agreed to add to the discussion of the last two questions from the CDTU.
They promised to investigate
Particular attention during the discussion was drawn to the situation at JSC "Połacak-Fiberglass". General Director of the company Andrey Bunakov refuses to comply with a general agreement and engage in collective bargaining with employees with the participation of the Free Trade Union. Plant Administration justified its behavior so that the negotiations were supposedly not the last time, though this is not true: the talks were going, and in the collective agreement has been amended, worsening the situation of workers of the plant. A representative of the SPB is not only involved in the commission for collective bargaining, but stopped with it the employment relationship, going to violate even the presidential decree on the extension of employment contracts. On this issue, the Deputy Chairman of the Republican Association of Industry "BelAPP" Viktor Timofeev has promised to investigate and understand the situation at the plant.
The concept of perfection of law
The participants listened to the candidate of legal sciences Viktor Timofeev on the concept of improving the legislation in the social and labor sphere, developed by the Centre for International Law, University of labor "IILSR". As a result, a majority vote of Council refused to accept this concept, even as a basis for improving legislation.
As Nikolai Sharah said, "we are not ready, our government representatives and trade unions of the FPB, and even listen to the representatives of the employers of scientists. They believe it is better to know how and what should be developed, and the opinions of scientists – it is some kind of fudge. To me personally the questions posed in the concept, like; principles on which labor law should be improved, there is presented correctly. I hope that the cooperation with this group of scientists will continue their development will be embodied in the future of the Belarusian legislation. "
Missed principles
Introduced the concept of improving the Belarusian labor laws, which was not accepted by the Board, based on the following principles:
1. The priority of the universally recognized principles of international law over national law; 2. constitutionality and legality; 3. The rule of the rules of the Labor Code of the Republic of Belarus in relation to the contradicting norms of other legislative acts in the regulation of labor and associated relations; 4. The protection of rights and freedoms, legal interests of citizens, expressed in including sectoral principle "in favorem" ("in the direction of improving the legal position of the employee"); 5. The social justice; 6. scientific, involving mandatory involvement in the working group drafting a law from leading scholars and lawyers specializing in labor law and social security law; 7. systematic and comprehensive legal regulation of social relations; 8. consideration of the opinion of the social partners in the stages of development and discussion of draft laws in social and labor sphere with the most representative national associations of workers called tenants.
REFERENCE:
Council on improvement of legislation in the social and labor sphere is designed to help the Government of Belarus in the conscientious fulfillment of international agreements requirements that guarantee workers the right to organize, to defend their economic interests. Of the 18 members of the Council of only three people really represent the workers, as representatives of Democratic Trade Unions of Belarus.
Government requirements of the 2004 International Labour Organization, have not been met until now. This means that the Belarusian government is not fulfilling its obligations in respect of workers taken on an international treaty. In fact, the Belarusian government violates the Constitution, not respecting the priority of generally recognized principles of international law, one of which reads: "Agreement must be executed." Because of this, Belarus carries real economic loss, not having preferential duties on the sale of goods of Belarusian plants in the vast and profitable market of the European Union.
