Is it true that the authorities allowed a foreign company not to carry out certification of jobs?
According to belnp.org, 40 kilometers from Salihorsk, in the Lyuban district, the construction of the Nezhynski mining and refining facility, which is being built by Slavkali, has been going on for several years. On it, the German company Deilmann-Haniel GmbH carries out the shaft excavation. Both local workers and workers from Germany and Russia are performing thу work of shaftmen (specialists performing a complex of works on laying mines).
It is noted that most local workers, instead of decent pay and working conditions, received minimal leave, no additional payments for harmful and dangerous working conditions, low wages, and no additional pensions.
This did not suit the team of shafters hired by a German company, and they independently turned to the Slutsk interdistrict department of the state labor inspectorate for help: “We have been working in the company for about a year. In violation of paragraph 18 of the Resolution of the Council of Ministers of the Republic of Belarus of February 22, 2008 #253 “On the certification of workplaces in terms of working conditions” the employer's order to approve the results of the certification of workplaces in terms of working conditions has not yet been issued. Accordingly, we have not been granted the right to an additional payment for work with harmful and (or) dangerous working conditions, and a shorter working time for working with harmful and (or) dangerous working conditions, nor have we confirmed the working conditions entailing the employer's obligations for professional pension insurance of employees”.
The appeal was redirected to the Luban District Executive Committee. From there - to the Minsk Regional Executive Committee, where it was explained why a foreign company operating in Belarus does not comply with the local legislation.
According to the chairman of the committee on labor, employment and social protection Aleh Semianchuk, certification in a German company is impossible:
“The company Deilmann-Haniel GmbH (Germany), in which you work, is not a legal entity under the laws of the Republic of Belarus. Therefore, it is not possible, in accordance with applicable law, to approve the results of certification of workplaces in terms of working conditions (despite the fact that it has taken certain actions to conduct certification), to provide compensation to employees according to its results, and to bear obligations for professional pension insurance of employees in accordance with with the Law of Belarus of January 5, 2008 on Occupational Pension Insurance.
The official also noted that in order to resolve this issue, alterations and amendments to regulatory legal acts, as well as to the Law on Professional Pension Insurance, are required: “For this purpose, the committee has prepared a letter to the Ministry of Labor.”
- This whole situation outraged people, and the fact of exploitation of Belarusian workers with the aim of enriching specific individuals is obvious. Less vacation, more working day, less pay, fewer workers can be hired, respectively, more profit for the employer, ”said the chairman of the Belarusian Independent Trade Union Maksim Paznyakou.
The trade union leader announced that the company's management made it clear in every way that they did not take their Union seriously, as the organization of workers, and they were only interested in the organization of work and the deadline for completion of the facility:
- We are indignant at this state of affairs, and our task is to ensure that the Belarusian legislation is respected everywhere, at any enterprises, regardless of ownership. Since these are the rights of the working people of Belarus, our state, which is obliged to protect the interests of its citizens. Therefore, we will seek to ensure certification of workplaces at this enterprise. In order for people to be provided with all the additional guarantees and compensations that are required by law.
The Belarusian Independent Trade Union prepared and sent an appeal to the district prosecutor's office with a request to conduct an audit and issue an opinion on the legality of such actions by the employer as not carrying out certification.
An appeal was also prepared and sent to the Ministry of Labor with the requirement to pay close attention to this situation and that “Belarusian workers should not be slaves in their country.”