The Global State of Workers' Rights - Belarus
| Publisher | Freedom House |
| Publication Date | 31 August 2010 |
| Cite as | Freedom House, The Global State of Workers' Rights - Belarus, 31 August 2010, available at: https://www.refworld.org/docid/4d4fc806c.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Very Repressive
While the constitution theoretically protects the right of workers to form and join trade unions, the Trade Union Law of January 2000 and subsequent presidential decrees create an atmosphere in which independent trade unions face harassment, and their leaders are frequently arrested and prosecuted for peaceful protests and dismissed from employment. All trade unions must register with the authorities, and failure to comply leads to their closure. Since unions typically must register at their place of work, they are dependent on management's support and therefore have little ability to protect workers' rights. New unions must overcome high barriers to register, such as a requirement that they have 500 members from a majority of Belarus's regions, making it almost impossible for them to comply with the law. Registrars can dissolve unions for minor violations without a court ruling.
In Belarus's repressive political environment, the authorities favor the Belarus Federation of Trade Unions, with which they maintain close ties, and pressure workers not to join independent labor unions, such as the Belarusian Congress of Democratic Trade Unions. Since over 90 percent of workers have fixed-term contracts, the government can end their employment for any reason when the contract expires, making them extremely vulnerable to pressure. Nevertheless, trade union leaders have often been involved in protest rallies against the policies of Belarus's longtime authoritarian ruler, President Alyaksandr Lukashenka. Rallies held shortly before the disputed 2008 presidential election, for example, led to the arrest of eight union leaders.
The January 2000 labor law greatly restricts the right to strike. Workers can strike only in the three months following complicated conciliation procedures. The duration of the strike must be set in advance, and workers must ensure a minimum of service. The government has criminalized the receipt of international aid.
Meaningful collective bargaining is not a realistic option, and Belarus's court system does not provide relief for the independent unions, as prosecutors either dismiss or ignore their complaints.
Despite these problems, there are some signs that Belarus may improve conditions for unions in the future. In 2008 and 2009, the government sought better ties with the European Union (EU) and has therefore slightly eased some restrictions on civil society. However, the EU had excluded Belarus from the general system of trade preferences in 2006 because of its violation of union rights, and representatives of independent unions say it is not yet time to restore economic ties. At a June 2009 meeting, the International Labour Organization declared that Belarus had made no significant progress.
