Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Belarus

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Belarus’s overall score is 75.5 out of 100. The overall score for Belarus is lower than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Belarus ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1956 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1956.

Labour Rights Index 2024

75.5/100

LRI Country Score

50/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

9.73

SDG indicator 8.8.2

5

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§14 and 41, Constitution 1994; §354, Labour Code 1999; §1-3, 10-22, Trade Union Law 1992

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§356, 357, 364, 367, Labour Code 1999; §14-15, Trade Union Law 1992

Does the law provide for the right to strike?

No

0

§388-399 of the Labour Code 1999; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 Belarus Profile; USDOS CRHRP 2023 (Belarus)

B,C,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Belarus)

B,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §14 and 41, Constitution 1994; §354, Labour Code 1999; §1-3, 10-22, Trade Union Law 1992

Information

Source: §356, 357, 364, 367, Labour Code 1999; §14-15, Trade Union Law 1992

Information

Source: §388-399 of the Labour Code 1999; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 Belarus Profile; USDOS CRHRP 2023 (Belarus)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Application of the Convention. The Committee is therefore bound once again to urge that the Government take measures to amend without further delay Decree No. 3 (on receiving and using foreign gratuitous aid), the Law on Mass Activities and the accompanying Regulation, as well as section 342-2, 369, 369-1 and 369-3 of the Criminal Code providing for restrictions on mass events and associated penalties, in order to bring them into compliance with the Government’s international obligations regarding freedom of association. It also once again urges the Government to take measures to revise sections 388(1), (3) and (4), 390, 392 and 393 of the Labour Code restricting the right to strike; as well as section 42(7), which expressly allows an employer to dismiss or terminate a labour contract with a worker who is absent from work in connection with serving an administrative penalty in the form of an administrative arrest; who forces other workers to participate in a strike or calls on other workers to stop performing work duties without sound reason; or who participates in an illegal strike or other forms of withholding labour without sound reasons. The Committee expects the Government to provide information on all steps taken in this regard."

C : ITUC

ITUC Global Rights Index (country legal profile)

"If the organiser of an assembly decides to hold it in a place that is not designated as a location for mass events; they must contact the local executive committee and must submit an application no later than 15 days before the expected date of the mass event. A strike must be held within three months of the failure to reach an agreement through conciliation. The duration of the strike must be specified in advance."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The requirements to conduct a legal strike were onerous. For example, strikes could only be held three or more months after dispute resolution between the union and employer failed. The duration of the strike had to be specified in advance. "

Information

Source: CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Belarus)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Application of the Convention. It once again urges the Government to take measures to revise sections 388(1), (3) and (4), 390, 392 and 393 of the Labour Code restricting the right to strike; as well as section 42(7), which expressly allows an employer to dismiss or terminate a labour contract with a worker who is absent from work in connection with serving an administrative penalty in the form of an administrative arrest; who forces other workers to participate in a strike or calls on other workers to stop performing work duties without sound reason; or who participates in an illegal strike or other forms of withholding labour without sound reasons. The Committee expects the Government to provide information on all steps taken in this regard."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who claim they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to trade union activists."