Право вступать в профсоюзы и создавать их
Freedom to join and form unions is established by the Constitution. Activity of trade unions may be restricted only in cases stipulated by legislative acts of the Republic of Belarus in the interests of national security, public order or the rights and freedoms of others.
Trade union is a voluntary public organization uniting citizens of the Republic of Belarus, foreign citizens and stateless persons, including students, with common interests in manufacturing and non-manufacturing areas, for the protection of labor, social and economic rights and interests. According to the Labour Code, trade unions are legal representatives of workers in labour relationships.
Every person, who performs labour (professional) activity, has the right to form and join trade unions of his own choice to protect his professional interests, to engage in trade union activities and to leave trade unions. Foreign citizens and stateless persons residing in the territory of the Republic of Belarus may become members of Belarusian trade unions.
Trade unions are accorded many statutory rights, some of which include:
1. right to represent and protect workers’ rights and interests in individual and collective employment relations;
2. right to engage in collective bargaining and conclude collective agreements;
3. right to take part in regulation of labour disputes;
4. right to receive information on all relevant social and labour issues without any obstruction from employers;
5. monitor the implementation of employment legislation in organizations where their members work;
6. monitor the implementation of collective agreements;
7. organise and carry out strikes.
Sources: §14 and 41 of the Constitution; §354 of the Labour Code; §1-3, 10-22 of the Law of the Republic of Belarus «About trade unions» 22.04.1992 №1605-XII
Свобода коллективных переговоров
Freedom of collective bargaining is established by the Constitution. Representatives of workers and employers have rights to involve in collective bargaining in preparation, conclusion or modification of collective bargaining agreements and take the initiative for such negotiations.
At the national level there is the National Council of Labour and Social Affairs. It was organized in 1999 for cooperation of the Government of the Republic of Belarus, republican associations of employers and trade unions, realisation of socio-economic policy, protection of labor rights, economic and social interests of the citizens. The National Council of Labour and Social Affairs consists of eleven representatives from each party. Parties discuss the most important issues of social and economic policy decisions, which will be established in collective agreements.
Representatives of parties, who have received an offer in writing of the beginning of collective bargaining, are obliged to enter into negotiations within seven days of receipt of the proposal. Also they must send to initiator of the collective bargaining response indicating the representatives from their side to participate in the Commission on collective bargaining. Commission on collective bargaining is formed on parity basis.
Collective agreements can be concluded for a term ranging from 1 to 3 years. Representatives of the parties, involved in collective bargaining, are free to choose the issues of regulation of social and labor relations. The Labour Code suggests the approximate list of questions for collective bargaining, for example:
- allowances and compensations;
- rehabilitation and recreation of employees and their families;
- working time and rest time;
- minimum necessary services during the strike.
There are sectoral collective agreements in budgetary and commercial spheres, for example, the Agreement between the Minsk Regional Association of Trade Unions, the Minsk Regional Executive Committee, the Republican Association of Industrial Enterprises and the Minsk Regional Agro-Industrial Union for 2015-2017 years; the Agreement between the Belarusian Railways and the Belarusian Trade Union of Railwaymen and Transport Builders for 2016-2018.
Sources: §41 of the Constitution; §356, 357, 364, 367 of the Labour Code; §14 and 15 of the Law of the Republic of Belarus «About trade unions» 22.04.1992 №1605-XII; Statute of the National Council of Labour and Social Affairs, established by Decree of the President of the Republic of Belarus 05.05.1999 №252; Agreement between the Minsk Regional Association of Trade Unions, the Minsk Regional Executive Committee, the Republican Association of Industrial Enterprises and the Minsk Regional Agro-Industrial Union for 2015-2017 years; Agreement between the Belarusian Railways and the Belarusian Trade Union of Railwaymen and Transport Builders for 2016-2018
Право на забастовку
Constitution recognizes the right of workers to strike as a means of resolving a collective labor dispute. If conciliation does not lead to the resolution of a collective labor dispute, the workers (representatives) will have the right to start a strike. Decision about strike is adopted by the meeting (conference) of employees. Meeting of workers has a quorum if it is attended by more than half of the total number of employees (for conference - at least two thirds of the delegates). At least two thirds of the workers presented at the meeting (conference) should vote for a strike to reach a decision.
The employer must be warned in writing not later than 2 weeks prior to the beginning of the upcoming strike. The employer ought to notify suppliers and buyers, transport organizations, as well as other interested companies about strike, as soon as possible.
The minimum essential work or services must be performed during the strike. During the strike, parties must continue searching for ways to solve the collective labour conflict. A strike may be recognized illegal by the court, if the strike is carried out in violation of the law or makes real threat to national security, public order, public health or the rights and freedoms of people.
Workers are not paid wages for the duration of strike. Legislation does not set the order of replacement of workers taking part in strike.
Sources: §41 of the Constitution; §388-399 of the Labour Code
Нормативное регулирование деятельности профессиональных союзов
Трудовой кодекс Республики Беларусь 1999 г. (в ред. от 23.07.2015) / Labour Code of the Republic of Belarus 1999 (version 23.07.2015)
Закон Республики Беларусь «Об охране труда» от 23.06.2008 №356-З (в ред. от 12.07.2013) / Law of the Republic of Belarus «About OSH» 23.06.2008 №356-З (version 12.07.2013)
Закон Республики Беларусь «Об основах государственной молодежной политики» от 07.12.2009 № 65-З (в ред. от 04.06.2015) / Law of the Republic of Belarus «About the bases of the state youth policy» 07.12.2009 № 65-З (version 04.06.2015)
Соглашение между Минским Областным Объединением профсоюзов, Минским Облисполкомом, Республиканской Ассоциацией предприятий промышленности и Минским областным Агропромышленным Союзом на 2015-2017 гг. / Agreement between the Minsk Regional Association of Trade Unions, the Minsk Regional Executive Committee, the Republican Association of Industrial Enterprises and the Minsk Regional Agro-Industrial Union for 2015-2017 years
Соглашение между Белорусской железной дорогой и Белорусским профессиональным союзом железнодорожников и транспортных строителей на 2016-2018 гг. / Agreement between the Belarusian Railways and the Belarusian Trade Union of Railwaymen and Transport Builders for 2016-2018