Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report, in particular the information concerning the application of Articles 1 and 2 of the Convention. It also notes with interest the adoption of the new Labour Code of 26 July 1999 (Text No. 432) which entered into force on 1 January 2000. In this connection, the Committee would appreciate receiving additional information on the following points.

Article 3 of the Convention. The Committee notes that, according to article 74 of the new Labour Code, labour wages must be paid in monetary units of the Republic of Belarus, but observes that there seems to be no provision in the Code explicitly prohibiting the payment of wages in the form of promissory notes, vouchers or coupons or in any other form alleged to represent legal tender. The Committee hopes that the Government will take appropriate action to give full effect to the provisions of the Convention in this respect.

Article 4. Further to its previous comment on this point, the Committee notes that article 74 of the Labour Code recognizes the possibility of substituting the wage payment in cash, in full or in part, by payment in kind subject to the worker’s consent. While noting the Government’s statement to the effect that, in practice, the payment of wages in cash is never fully replaced by the payment of wages in the form of allowances in kind, the Committee is bound to recall that the Convention only allows for partial payment of wages in kind in those industries or occupations in which such payment is customary or desirable. The Convention also requires measures to be taken to ensure that the value attributed to those allowances in kind is fair and reasonable. The Committee requests the Government to specify the measures it intends to take in order to bring the national legislation into conformity with the requirements of the Convention.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. The Committee notes that the principle according to which employers should be prohibited from limiting in any manner the freedom of workers to dispose of their wages has not been incorporated in the recently enacted Labour Code. The Committee considers that an appropriate legislative provision laying down a specific prohibition is needed to give effect to the Convention in this regard and hopes that the Government will make every effort to take the necessary action in the very near future.

Article 7. Further to its previous comment on this point, the Committee asks the Government to specify the legislative or other provisions regulating the operation of company stores with the aim of ensuring that goods are sold and services provided at fair and reasonable prices and that stores are not operated for the purpose of securing a profit but for the benefit of the workers concerned.

Article 8(1). The Committee requests the Government to further clarify the possibility of deductions, as provided for under article 107 of the Labour Code, to be made by the employer with the written consent of the worker in order to carry out clearing settlements.

Article 8(2). The Committee notes the Government’s indication to the effect that, in accordance with existing national legislation, collective agreements should contain a provision specifying that workers should be informed of the conditions and extent of all permissible deductions. The Committee asks the Government to provide copies of collective agreements containing such provisions.

Article 10. The Committee notes that articles 496 and 523 of the Civil Procedure Code of 11 January 1999 (Text No. 102) prescribe the manner and limits within which wages may be attached. The Committee requests the Government to indicate any relevant provisions concerning the conditions and limits applicable to the assignment of wages.

Article 13(2). The Committee asks the Government to indicate the legislative provision prohibiting the payment of wages in taverns or other similar establishments, in shops or stores for the retail sale of merchandise, or in places of amusement except in the case of persons employed therein.

Article 14(b). The Committee notes that, under article 52 of the Labour Code, the Government will establish the rules for keeping basic labour documents, including the settlement forms which should contain the details of wages and information on wage deductions. The Committee requests the Government to supply the text of such rules, when issued.

Article 15(c) and (d). Further to its previous comment on this point, the Committee asks the Government to supply a copy of the Act on the employer’s liability for non-compliance with labour legislation as soon as it is adopted. The Committee would also appreciate receiving information on the laws or regulations providing for the maintenance of adequate records, such as payrolls, containing all necessary wage particulars.

[The Government is asked to report in detail in 2002.]