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LAW OF THE REPUBLIC OF BELARUS

of April 22, 1992 No. 1605-XII

About labor unions

(as amended on 13-07-2016)

Chapter 1. General provisions

Article 1. Labor unions

The labor union (further - labor union) is the voluntary public organization uniting citizens of the Republic of Belarus, foreign citizens and persons without citizenship (further if other is not established, - citizens), including students in the organizations of professional, secondary vocational, higher education connected by common interests by the nature of activities as in production, and non-productive spheres, for protection of the labor, social economic rights and interests.

Article 2. The right of citizens to consolidation in labor unions

Citizens of the Republic of Belarus have the right to voluntarily create labor unions at the choice, and also to join trade unions on condition of observance of their charters.

Foreign citizens and stateless persons can join the trade unions created and operating in the territory of the Republic of Belarus if it is provided by their charters.

Labor unions can create on voluntary basis republican (associations) and other associations (further - trade union associations), having rights of labor unions, and also to enter them.

Republican trade union associations can create according to the procedure, provided by charters, territorial (regional, city, district) and other organizational structures having rights of labor unions.

Labor unions (trade union associations) and their organizational structures according to the legislation of the Republic of Belarus and their charters are legal entities.

Article 3. Independence of labor unions

Labor unions perform the activities according to the Constitution of the Republic of Belarus, this Law and other acts of the legislation of the Republic of Belarus. Activities of labor unions can be limited in cases which are provided by legal acts of the Republic of Belarus for the benefit of homeland security, public order or providing the rights and freedoms of other persons.

Labor unions are independently developed and approve the charters, determine structure, elect governing bodies, will organize the activities, hold meetings, conferences, plenums, congresses.

Labor unions (trade union associations), their symbolics, changes and additions made to the charter are subject to state registration according to the procedure, established by the legislation of the Republic of Belarus.

Labor unions according to the authorized purposes and tasks have the right to cooperate with labor unions of other countries, at the choice to enter the international and other trade-union associations and the organizations.

Article 4. Prohibition of discrimination of citizens on the basis of belonging to labor unions

Accessory or not belonging of citizens to labor unions does not attract any restrictions of their labor, social and economic, political, personal rights and freedoms guaranteed by the legislation of the Republic of Belarus.

Article 5. Termination or suspension of operations of labor unions

The termination of activities of labor union is performed according to the decision of his members according to the procedure, determined by the charter of this labor union.

In cases when activities of labor unions (trade union associations) contradict the Constitution and other legal acts of the Republic of Belarus, it can be suspended for a period of up to six months or is stopped concerning republican labor unions, their associations by the decision of the Supreme Court of the Republic of Belarus according to the statement of the Attorney-General of the Republic of Belarus, and territorial labor unions - the judgment according to the statement of the prosecutor of this administrative and territorial unit.

Article 6. Interaction of state bodies, the controlling (supervising) bodies and labor unions

Enhancement and development of system of social partnership, forms and methods of interaction of labor unions (trade union associations), employers (their associations) and state bodies are one of priority tasks of social and economic policy of the Republic of Belarus.

Labor unions participate in development and realization of social and economic policy of the state.

Labor unions have the right to bring in accordance with the established procedure in state bodies of the offer on acceptance, change or cancellation of acts of the legislation of the Republic of Belarus on labor and to social and economic problems. The regulatory legal acts affecting the labor and social and economic rights and interests of citizens (except for the regulatory legal acts containing the state secrets), are accepted by state bodies with preliminary the notification of the relevant labor unions (trade union associations).

Labor unions through the plenipotentiaries have the right to participate in work of collegiate organs of the ministries and other republican state bodies, meetings of local executive and administrative organs, governing bodies of the organizations according to the procedure, established by Council of Ministers of the Republic of Belarus in coordination with the relevant labor unions.

In republican, local budgets funds for realization according to offers of the relevant republican, regional trade union associations of the nation-wide, local programs (educational, research, cultural and educational, sports and improving, information, etc.) directed to realization of constitutional rights and guarantees of citizens can be provided.

Labor unions when implementing public control interact with state bodies, the controlling (supervising) bodies and other organizations.

Article 7. Representativeness of labor unions

The bases of representativeness of republican labor unions (trade union associations) and their organizational structures in state bodies are:

availability of the relevant electoral, leading, executive bodies and their competence according to regulations of charters and requirements of the legislation of the Republic of Belarus;

data of the annual intra trade-union reporting under structure and membership, and also summary financial reporting.

In the presence of the specified bases republican labor unions (trade union associations) and their organizational structures, including primary organizations created in the organizations have all powers conferred by this Law and at appropriate levels provide protection of the labor, social and economic rights and interests of members of labor unions.

Republican labor unions (trade union associations) and their organizational structures, including primary organizations created in the organizations, which do not have the representativeness reasons established by this Law advocate the interests of the members within the powers conferred by the legislation of the Republic of Belarus, and also by accession (with the consent of the parties) to the collective agreements (agreements) signed by the most representative labor unions or their associations.

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