Minimum Wages of Belarus
by
Khushi Mehta
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last modified
Aug 02, 2011 09:24 PM
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Minimum Wages of Belarus
| Frequently Asked Questions | Minimum Wages As per Law |
|---|---|
| Is there a separate legislation relating to minimum wages in Belarus? | Yes. According to art. 59 of the Labour Code of the Republic of Belarus, minimum wage (monthly and hourly) is a state minimal social standard in the sphere of labour payment for work in normal conditions and fulfillment of the set (monthly and hourly) labour norm. The legal ground for defining the minimum wage is set by the law of the Republic of Belarus № 124-3 dated 17.07.2002 “On setting and the order of minimum wage uprating”. The rate of minimum wage (monthly and hourly), set by the legislation, is obligatory for employers as the lower rate of payment to workers. In June 2011 a minimum wage has been indexed and now is 577 740 BYR monthly and 3 400 BYR - hourly minimum wage. Starting from 01.01.2011 minimum monthly wage equals 460 000 BYR, and hourly – 2710 BYR by the decision of the Council of Ministers of the Republic of Belarus № 1844 dated 20.12.2010. |
| Do one or more minimum wagess exist that is/are determined by law in Belarus? | Only one at the national level. Minimum wage (monthly and hourly) is set up by the Council of Ministers of the Republic of Belarus every year on January 1. |
| On what basis is minimum wage calculated in Belarus? | Minimum wage is calculated on monthly or hourly basis. Additional payments, bonuses, premiums and other compensational and incentive payments are included in minimum wage. According to p.3 art. 2 of the Law № 124-3 dated 17.07.2002 the amount of minimum wage shall be indexed during the year in order determined by the legislation on indexation of population’s income taking into account inflation rate. |
| In case of weekly/monthly minimum age, are they based on any fixed number of hours? | Yes. Minimum wage is calculated for work in normal conditions with fulfillment of the set (monthly or hourly) work norm. According to art. 112 of the Labour Code of the Republic of Belarus the full norm of working time can’t exceed 40 hours a week. According to art. 88 of the Labour Code under piece-rate system billing rates are defined on the basis of set job classes, tariff rates ( wages) and output norms (time norms). Piece-rate is calculated by dividing hourly (daily) tariff rate, corresponding to the class of work performed, by hourly (daily) norm of output or by multiplying hourly (daily) tariff rate corresponding to the class of the work performed, by the set time norm in hours or days. |
| Are governmental bodies, employer and/or trade union representatives involved in minimum wages setting? | No. According to the Law “On setting and order of minimum wage uprating“ № 124-3 dated 17.07.2002 the amount of minimum wage is regulated unilaterally by the government. |
| How are upratings (adjustments) of minimum wage(s) decided upon? | The rates of minimum wage (monthly and hourly) according to art. 2 of the Law № 124-3 dated on 17.07.2002 are set by the Council of Ministers of the Republic of Belarus every year on January 1. Besides, during the last 16 years minimum wage was 4 times raised by the President’s decrees: dated on November, 1 1994, November 1, 2004, January 1, 2006 and November 1, 2010 (mainly just before coming presidential elections). |
| What is/are the yardstick/s on which minimum wage upratings are based? | The are 5 yardsticks on which minimum wage rate (monthly and hourly) are based on: 1) employment rate and labour productivity; 2) minimum subsistence requirements of workers; 3) economic possibilities of national and local budgets and also employers; 4) set amounts of values of average wage in the economy, pensions, scholarships, benefits, compensations and other social payments; 5) correlation between the amount of minimum wage and social standards (as poverty line and in the future – minimal consumer budget). |
| What is the poverty line in Belarus? |
The national poverty line in Belarus (442 360 BYR) is the amount of minimal set of material values and services, needed for providing vital activity and health safety and also for compulsory payments and dues. A person is considered poor if he has the income lower than a poverty line in average per head a month. According to UN data 6,1% in Belarus live beyond poverty line. |
| How often is poverty line updated? | The poverty line is updated quarterly: 1st of February, 1st of May, 1st of August, 1st of November. |
| When was poverty line last updated? |
Since August 1, 2011 the poverty line increased by 99 100 BYR and equals 442 360 BYR. |
| What is the percentage of minimum wage relative to the current poverty line? | Since August 2011 the percentage of minimum wage relative to the current poverty line is 130%. For comparison in November 2010 it was 94% and since January 2011 - 134%. |
| What is the incidence of minimum wages in the national labour force (wage earners only)? | There is no statistics on workers earning minimum wage in Belarus. According to different sources this number can range from 12 to 30%. |
| How is minimum wages compliance regulated? | According to chapter 39 of the Labour Code of the Republic of Belarus, minimum wages compliance is regulated by specially authorized representatives of state bodies of supervision and control as it is prescribed by the legislation. These bodies are: State labour inspection department of the Ministry of Labour and Social protection of the Republic of Belarus, prosecutor’s office and some other narional and local bodies. |
| Which legal sanctions can be applied in compliance is lacking? | According to part 1 art. 9.19 of the Administrative Code, the breaching of the order and terms of wage payment is punished by the fine in amount from 4 (140 000 BYR) up to 20 (700 000 BYR) basic units for persons and up to 100 basic units or 3 500 000 BYR for legal entity. According to art. 465 of the Labour Code of the Republic of Belarus persons and legal entities guilty of violating the labour legislation are subjects to disciplinary, administrative, criminal and other type of punishment according to the law. |
| Are sanctions often being applied? | There is no precise statistics on applying sanctions for non-complience of the legislation on minimum wage. According to the data of Minsk branch of State labour inspection department, in Minsk 67 officials were fined for non-observance of wage payment terms in 2010, and the gross amount of fines was 34 mln. BYR. |
| Are employer and/or trade union representatives involved in compliance procedures? | No, because the minimum wage is regulated and set by the government. Trade unions can only maintain public control over the observance of labour legislation, having the right to ask and get the necessary for it information from employer or/and state bodies. |
| To whom/Where can individuals complain, if they think they are earning less than minimum wage. | In case of breaching of the order and terms of minimum wage payment a citizen has the right to file a complaint to the Ministry of Labour and Social Protection of the Republic of Belarus or its territorial inspections, prosecutor’s office, court, superior organization and also to some other administrative bodies. |
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