Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in reply to its previous comments.

Article 3 of the Convention. Payment of wages in legal tender. The Committee notes the Government’s explanations that the payment of wages in forms other than the official currency or in kind is prohibited by virtue of section 57 of the Labour Code which provides that wages include all remuneration in monetary units and/or in kind. However, the Committee is bound to observe once again that in its current wording this provision of the Labour Code does not amount to an explicit prohibition of the payment of wages in any form alleged to represent legal tender such as promissory notes, vouchers or coupons. The Committee recalls, in this respect, that apart from a specific prohibition, another possible manner to give effect to this Article of the Convention would be to provide that any contract of employment which would allow for the payment of the whole or any part of wages in any manner other than in legal tender would be illegal, null and void. The Committee therefore requests the Government to indicate the measures it intends to take in order to give full effect to the requirements of the Convention in this regard.

Article 4. Partial payment of wages in kind. The Committee notes the information provided by the Government that the question of amending section 74 of the Labour Code concerning the forms of payment of wages is currently under consideration. In this connection, the Committee draws the Government’s attention to paragraphs 104–160 of the 2003 General Survey on the protection of wages which offer guidance and illustrative examples on the manner to attain legislative conformity with the requirements of this Article of the Convention.  The Committee hopes that appropriate action will be taken very shortly and requests the Government to keep it informed of any concrete progress made in this regard.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the Government’s report contains no new information on this point. As the Committee has pointed out in paragraph 210 of the abovementioned general survey, nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, can be regarded as giving full effect to the requirements of the Convention whereas other legislative measures, such as the exhaustive enumeration of authorized deductions, or the regulation of the operation of company stores, may be deemed to give only partial effect to the obligation laid down in this Article of the Convention. The Committee is therefore bound to once again request the Government to take the necessary steps so that the principle underlying this Article of the Convention be given specific legislative expression.

Article 7. Works stores. The Committee notes the Government’s reference to Presidential Decree No. 113 of 20 March 1996 on the development of factory shops and Orders of the Ministry of Trade No. 138 of 27 October 1998 and No. 91 of 10 September 1999 concerning model statutes for factory shops. According to the Government’s indications, factory shops are not primarily intended for the use and benefit of the factory workers themselves but rather aim at allowing the general public to purchase goods at prices lower than in other retail shops. The Committee would appreciate receiving copies of the above instruments as well as additional information on the operation of factory shops in practice.

Article 8, paragraph 1. Deductions from wages. The Committee notes that according to the Government’s report, section 108 of the Labour Code has been recently amended and now provides that the sum of all deductions must not exceed 20 per cent of the worker’s total earnings, or 50 per cent in certain cases, specified in the legislation as well as in cases of deductions made on the basis of multiple court orders. Deductions may still exceed these limits in the case of payment of alimony for minors or for expenses paid by the State for the support of children in its care, but the worker must in any event retain no less than 30 per cent of his/her wages.

The Committee further notes the Government’s indication that the national legislation permits employers to make deductions from workers’ wages with the workers’ written consent, but that there is no exhaustive list of all permissible deductions. The Committee recalls, in this connection, that the Convention requires deductions from wages to be made only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, and not individual agreements. The intention is clearly to exclude “private” arrangements which might involve unlawful or abusive deductions to the detriment of the worker’s earnings. As indicated in paragraph 218 of its 2003 General Survey, the Committee has consistently taken the view that provisions in national legislation authorizing deductions from wages by virtue of individual agreements or consent do not offer the level of protection required by the Convention. It therefore asks the Government to take appropriate measures to specify in an exhaustive manner the types and extent of the deductions which may lawfully be made with the worker’s consent.

Article 8, paragraph 2. Information about wage deductions. Recalling that, in accordance with this Article of the Convention, read in conjunction with Article 14, workers should receive full information on the conditions under which, and the limits within which, deductions may be made and that such information should be given before they enter employment as well as at the time of each payment of wages, the Committee again requests the Government to indicate how these provisions of the Convention are given effect in both law and practice.

Article 10. Assignment of wages. The Committee has been requesting the Government to clarify whether the national legislation regulates the notion of assignment of wages, that is to say the possibility for an indebted worker to agree with the competent judicial or administrative authorities upon a voluntary arrangement whereby part of his/her wages are paid directly to the creditor in settlement of his/her debts. Even though the attachment of wages, i.e. the withholding of part of the worker’s wages by the employer in application of a court order, is permitted within the limits set out in section 108 of the Labour Code, it is not clear whether similar provisions exist for the assignment of wages. The Committee requests the Government to supply additional explanations in this regard.

Article 13, paragraph 2. Place of wage payment. The Committee notes the Government’s reference to section 75 of the Labour Code which provides that workers’ wages must normally be paid at their workplace, and only in exceptional situations (e.g. employee visiting a client, or on business trip) wages may be remitted elsewhere at the employer’s expense. The Committee recalls, in this connection, paragraphs 410 and 413 of its 2003 General Survey in which it concluded that even though the prohibition of payment of wages in taverns, places of amusement and also, under certain conditions, in retail shops may appear somewhat less relevant today in view of the increasing use of non-cash methods of payment such as direct bank transfer, it is undoubtedly still relevant in certain areas or sectors, for instance in agriculture, and therefore calls for appropriate and effective measures for its implementation. The Committee therefore hopes that the Government will take the necessary steps to bring the national legislation into full conformity with the Convention in this respect.

Article 14(b). Wage statements. The Committee notes that, according to the Government’s report, the question of introducing to the Labour Code provisions concerning the wage particulars to be communicated to workers at the time of each payment of wages is currently under consideration. In this connection, the Committee wishes to refer to paragraph 460 of its 2003 General Survey in which it concluded that under modern conditions the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of this Convention. It would even appear that being sufficiently informed of wage particulars, such as all the various wage components and the applicable rates, the method of calculation and compulsory deductions, is now almost as important as being paid on time and in full, and is in any event simply indispensable for a full understanding of the manner in which the amount of wages due is reckoned. The Committee asks the Government to keep it informed of any developments in this regard.

Article 15(d). Record-keeping. The Committee once again requests the Government to supply additional information on the legal provisions regulating the maintenance of payroll records, as required under this Article of the Convention. The Committee draws attention to Paragraph 7 of Recommendation No. 85 which offers some guidance in this respect.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of labour inspections carried out in 2005 with particular regard being paid to the issue of timely payment of wages, the number of wage-related infringements observed, and the monetary and administrative sanctions imposed. The Committee would thank the Government for continuing to provide general information on the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of collective agreements containing clauses on pay conditions, any difficulties experienced in the timely payment of wages in the private or public sector, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report. It requests it to provide additional information on the following points.

1. Article 3 of the Convention. The Committee notes, according to the Government’s report, that the Labour Code does not provide for the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. It also notes the information that section 11 of the Bank Code provides that financial obligations in the country must be expressed in terms of an official monetary unit of Belarus, currently the Belarus rouble. The Committee nevertheless recalls that the Convention requires that wages payable in money shall be paid only in legal tender, and payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender, must be explicitly prohibited by national law. Consequently, the national legislation has to contain an explicit prohibition of the payment of wages which are payable in money in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender. The Committee therefore hopes that the Government will take the necessary measures to ensure full conformity with this provision of the Convention.

2. Article 4. Further to its previous comments on this provision, the Committee notes that the Government does not provide information in its report on the measures taken to bring its legislation into full conformity with the Convention. The Committee therefore once again recalls that section 74 of the Labour Code recognizes the possibility of substituting the payment in legal tender of wages in cash, in full or in part, by payment in kind, subject to the worker’s consent. While noting the Government’s statement that in practice the payment of wages in legal tender is never fully replaced by payment in kind, which could mean that at least a part of the wage could be paid in kind, the Committee is bound to recall that the Convention only allows for the 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, where the payment of part of the wage in kind is authorized, the value attributed to such allowances in kind is fair and reasonable. The Committee is therefore bound to request the Government once again to specify the measures that it intends to take to bring the national legislation into conformity with the requirements of the Convention.

3. Article 6. The Committee notes the statement in the Government’s report that the national legislation does not accord employers the right to restrict in any manner the freedom of workers to dispose of their wages as they wish. However, it considers that, as it has already had occasion to indicate in its previous comments, the adoption of an appropriate legislative provision laying down this specific prohibition is needed to give effect to the Convention on this point. It therefore once again hopes that the Government will make every effort to adopt the necessary provisions in the very near future.

Article 7. The Committee notes that, according to the Government, the legislation in force does not contain provisions establishing the right of employers to oblige workers to use works store established in the enterprise. The Committee however recalls that, in its previous direct request, it asked the Government to specify the legislation or other provisions regulating the operation of company stores, and which provide in particular that the goods sold and the services provided by such works stores must be provided at fair and reasonable prices, and that stores must not be operated for the purpose of securing a profit, but for the benefit of the workers concerned. Noting that the report supplied by the Government does not reply to the points raised by the Committee on this subject, it trusts that the Government will take all the appropriate measures to ensure that effect is given to these provisions of the Convention and that it will supply all the relevant information in this respect.

5. Article 8, paragraph 1. The Committee notes that employers may make deductions, with the written consent of the worker, in order to settle the compensation for damages caused by the fault of the worker, as well as contributions made with a view to the payment of pensions. The Committee would be grateful if the Government would indicate in its next report all the other cases in which employers may make deductions with the written consent of the worker.

6. Article 8, paragraph 2. The Committee notes that, according to the information provided by the Government, the limitations placed on deductions from wages by section 108 of the Labour Code are not applicable to deductions made for the payment of alimony for young children or in cases where the work in respect of which the wage is payable consists of correctional labour performed on the basis of a judicial decision. The Committee requests the Government to indicate the conditions and limits to deductions from wages that are applicable in such cases and the manner in which they are brought to the notice of the persons concerned.

7. Furthermore, the Committee notes that, according to the Government’s report, the methods for informing workers of the conditions under which and the extent to which deductions may be made from their wages depend on the type of deduction envisaged. It requests the Government to specify in each case the various methods set out in national regulations with a view to informing workers thereof. The Government also recalls that collective agreements have to include a provision specifying that workers must be informed of the authorized conditions and limits for any deductions. The Committee nevertheless notes that the Government’s report does not contain copies, as requested by the Committee in its previous comments, of collective agreements containing such provisions. It hopes that the Government will be able to forward copies of the above collective agreements with its next report.

8. Article 10. The Committee notes that the Government’s report reiterates information already provided in its previous reports concerning the manner in which and the limits within which wages may be attached. However, it notes that the Government does not indicate, as requested by the Committee, the relevant legislative provisions concerning the conditions and limits applicable to the assignment of wages. The Committee therefore once again requests the Government to provide the relevant information in this respect with its next report.

9. Article 13, paragraph 2. The Committee notes that the Government’s report indicates that it shall be prohibited to pay wages in taverns or other similar establishments, in shops or stores for the retail sale of merchandise and in places of amusement, except in the case of persons employed therein. However, the Government does not indicate whether there are legal provisions setting out this prohibition. The Committee is therefore bound once again to request the Government to indicate the legislative provisions prohibiting the payment of wages in taverns or other similar places and, where necessary, to prevent abuse in shops or stores for the retail sale of merchandise or in places of amusement, except in the case of persons employed therein. If such provisions are not explicitly set out in national laws or regulations, the Committee requests the Government to take all the appropriate measures to bring the national legislation fully into conformity with this provision of the Convention.

10. Article 14(b). The Committee noted in its previous comment that, under section 52 of the Labour Code, the Government has to establish rules requiring the keeping of basic accounting documents on wages, including wage slips, which shall contain particulars of wages and full particulars of deductions. The Committee requested the Government to provide copies of such rules, as soon as they were issued. It notes, however, that the Government’s last report is confined to recalling that, in practice the processing of wages is computerized which makes it possible for workers to be informed of the elements making up their wages. The Committee therefore requests the Government to indicate whether rules on the basic accounting documents concerning wages have been adopted so as to permit workers to be informed, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, in so far as such particulars may be subject to change, in accordance with this provision of the Convention.

11. Article 15(c), in conjunction with Part III of the report form. The Committee notes the adoption by the Ministry of Labour and Social Protection, on 27 December 2001, of Decision No. 22 prescribing rules respecting the responsibility of the Labour Inspection Department for supervising the application of labour legislation. It notes that, by virtue of section 5(18) of the above, this Department is responsible for preparing an annual report on compliance in practice with the labour legislation. The Committee would be grateful if the Government would provide with its next report the information on compliance with the legislation respecting wage protection contained in the above document. Furthermore, the Committee requests the Government to provide information on the adoption of the Bill respecting the liability of the employer in the event of failure to comply with the labour legislation.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (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.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with satisfaction the adoption of the Decision of the Council of Ministers of 28 April 2000 (Text No. 603) on the approval of the list of goods prohibited as a means of payment of wages in kind by the employers, in particular the payment of wages in the form of alcoholic beverages or narcotic substances.

The Committee is also addressing a request directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous direct request, the Committee notes the information supplied by the Government, in particular regarding the application of Articles 2, 5, 9 and 11 of the Convention.

Article 1. The Committee notes the Government's indication that the list of remunerations that constitute the wage has not been fixed by the Cabinet of Ministers under section 77(2) of the Labour Code. It requests the Government to provide such a list when adopted.

Article 4. The Committee notes the Government's statement that the payment of entire wages in kind is not made in practice and that the payment of wages in the form of liquor or drugs is not permitted. Recalling that the Code does not contain provisions to prohibit these forms of payment, it again asks the Government to indicate the measures taken to give full effect to this Article of the Convention.

Article 7. The Committee notes the Government's indication that the works stores and services are operated for the benefit of workers, that no coercion to make use of them is envisaged, that the prices are fair and reasonable, and that the modality of their operation should be reflected in the collective agreements. It asks the Government to state whether any legislative provision requires the regulation of works stores and services by collective agreements, and to supply a copy of relevant provisions of collective agreements as an example.

Article 8. The Committee notes that the Government again refers to the provisions of sections 124 to 126 of the Code concerning deductions from wages. It requests the Government to supply information on any legislation, when adopted, other than the Labour Code that provides for deductions from wages by virtue of section 124.

Article 10. The Committee notes the Government's indication that no provision of the national legislation allows an arrest of wages, and asks the Government to indicate how the assignment of wages is regulated.

Article 13. The Committee notes the Government's statement that the payment of wages should be made only on working days. Recalling that the Labour Code does not contain provision to this effect, it asks the Government to supply further information on the measures taken to ensure the payment on working days only.

Articles 14(b) and 15(d). The Committee notes the Government's reference to section 100 of the Code concerning the calculation book to be issued by the employer to the workers whose wages are calculated on piece rate. It asks the Government to indicate how it is ensured that pay slips with the details of wages are provided to other categories of workers, and that adequate records, such as pay rolls, are maintained.

Article 15(c). The Committee notes the Government's explanations about the control and supervision of compliance with the labour legislation and requests the Government to supply a copy of the Decision of the Council of Ministers No. 664 of 30 September 1993 as well as that of the Act on the liability of employers' non-compliance with the labour legislation, when adopted.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report, in particular on the provisions of sections 96 and 98 of the Labour Code as amended by the Act of 2 February 1994.

In the absence of any information on the application of section 96 of the Labour Code under which wages must be paid regularly, at least once a month and at a date fixed by agreement, the Committee asks the Government to provide detailed information on the application of this provision which gives effect by law to Article 12 of the Convention which provides for regular payment of wages. It also asks the Government to indicate what enforcement measures, if any, have been taken under section 98(3) of the Labour Code as amended, which states that where an employer fails to pay the amounts due, the worker is entitled to claim payment of his average wage for each day of the delay.

The Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report as well as the Labour Code in its 15 December 1992 version. It notes that the Code contains no provision giving effect to Articles 5 to 7 and 9 to 11 of the Convention. The Committee requests the Government to provide information on other legislation that may give effect to the provisions of the Convention and on the process of working out a new Labour Code that is taking place with the assistance of the ILO. Please also supply further information on the following points.

Article 1 of the Convention. Please provide the list of remunerations that constitute the wage, determined by the Cabinet of Ministers under section 77(2) of the Code.

Article 2. The Committee requests the Government to clarify whether the Labour Code is applicable to the employment relationships in the private sector: the provisions of section 257 give the impression that it is not applicable, while the definitions of the employer under section 15(2) seem to cover companies in the private sector.

Article 4. The Committee notes that, under section 96.1(2) of the Code, it is possible to pay the wage totally in kind if the worker agrees. It points out that this provision of the Convention allows only a partial payment of wages in kind. Please indicate the measures taken to give effect to this provision, and also the legislative provisions that prohibit the payment of wages in the form of alcohol or narcotic substances.

Article 8. Please supply information on other legislation than the Labour Code that provide for the deductions from wages under section 124 of the Code.

Article 13. Please indicate the measures taken to ensure that the payment of wages be made on working days only.

Article 14(b). Please indicate the legislative provision that requires the statement to be issued setting out the particulars of wages at each payment.

Article 15(c) and (d). Please provide information on the prescribed penalties for violation of legislation concerning the protection of wages, and on the measures taken for the maintenance of appropriate records of wage payment.