E/C.12/BLR/CO/4-6
contracts in order to limit the scale of their use and provide adequate safeguards
against arbitrary non-renewal of fixed-term contracts.
15.
The Committee is concerned at reports that persons deprived of their liberty, as well
as persons affected by alcoholism or drug dependent persons who are interned in so-called
“Medical-Labour Centres”, are subjected to compulsory labour (art. 6).
The Committee urges the State party to abolish compulsory labour for these
categories of persons and ensure that their rights to freely chosen or accepted work
and to just and favourable conditions of work are fully respected in practice,
including by repealing or amending all regulations that run counter to the State
party’s obligations under articles 6-7 of the Covenant. In this respect, the Committee
draws the attention of the State party to its general comment No. 18 (2005) on the
right to work.
16.
The Committee notes with concern that Presidential Decree No. 9 adopted in
December 2012 effectively takes away the right of workers in the wood-processing industry
to freely leave their jobs under the penalty of either having to pay back their benefits or to
continue working until the required amount has been withdrawn from their salaries (arts. 67).
The Committee recommends that the State party ensure that the right of workers in
the wood-processing industry to terminate the employment contract at their initiative
is guaranteed, in accordance with articles 6-7 of the Covenant and the Labour Code of
the State party. In this respect, a legal period of notice should be set up so that the
employer has an enforceable claim for compensation or damages solely in case of
failure by the worker to respect the period of notice.
17.
The Committee notes with great concern that little progress has been achieved in
ensuring that the legal framework governing trade unions and the right to strike are in line
with the State party’s obligations under the Covenant and that the free exercise of trade
union rights is not fully guaranteed in practice (art. 8).
The Committee strongly recommends that, in line with its obligations under article 8
of the Covenant, the State party take all the necessary measures to ensure that:
(a)
Workers have the right to form and join trade unions of their choice;
(b)
Workers enjoy their trade union rights without undue restrictions or
interference, including by local authorities;
(c)
Disputes arising during collective bargaining are settled within the
collective bargaining mechanism;
(d)
The definition of “essential services” for which strikes are prohibited is
limited, so that only the most essential services are subject to this prohibition.
18.
The Committee is concerned that the social security system in the State party still
does not guarantee universal coverage (art. 9).
The Committee recommends that the State party step up its efforts to increase and
strengthen the material and personal coverage of the social security system by:
(a)
Establishing an unemployment benefit as soon as possible;
(b)
Ensuring that non-contributory pensions enable pensioners and their
families to enjoy an adequate standard of living through regular indexation to the cost
of living;
5