LAW OF THE REPUBLIC OF BELARUS

of December 12, 2022 No. 225-Z

About associations of employers

Accepted by the House of Representatives on November 10, 2022

Approved by Council of the Republic on November 23, 2022

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Law

This Law determines procedure for creation of associations of employers, their legal status and the principles of activities, and also the right and obligation of associations of employers and members of associations of employers.

Operation of this Law extends to employers and associations of employers which perform activities in the Republic of Belarus.

Article 2. Consolidation of employers

Consolidation of employers - the non-profit organization created in the form of association (union), uniting on the basis of voluntary membership of employers and (or) consolidation of employers for the purpose of representation and protection of their rights and legitimate interests in the sphere of the social and labor and related economic relations, included in the register of associations of employers (further - the register).

Article 3. Right of employers to consolidation

Employers have the right on voluntary basis to create associations of employers, and also to enter freely such associations or to leave them on the conditions established by the legislation and determined by charters of these associations.

Article 4. Legal regulation of activities of associations of employers

Activities of associations of employers are regulated by the legislation on associations of employers, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

The legislation on associations of employers is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 5. Main objectives and tasks of associations of employers

Associations of employers are created and are effective for the purpose of representation and protection of the rights and legitimate interests of employers and associations of employers in the sphere of the social and labor and related economic relations, and also for the purpose of realization of the tasks assigned to them.

The main objectives of associations of employers are:

interaction with state bodies, labor unions (their associations and organizational structures) and other representative bodies of workers authorized according to acts of the legislation to represent their interests (further - labor unions), in system of social partnership;

participation in forming and realization of social and labor and economic policy of the state;

conducting collective bargainings according to the conclusion, change or amendment general, tariff and local agreements (further if other is not established, - agreements) and ensuring accomplishment of the agreement obligations;

coordination of activities of members of associations of employers for accomplishment of obligations assumed within agreements;

rendering the advisory and methodical help to employers and associations of employers in prevention and permission of collective employment disputes.

Article 6. Legal status of associations of employers

Associations of employers:

independently draft the charters, elect governing bodies and will organize the activities;

according to the authorized purposes and tasks have the right to cooperate with other associations of employers, associations (unions) and public associations created in the Republic of Belarus, associations (unions) of employers (employers) of other countries and also with international unions (organizations) of employers (employers);

have the right to enter into international unions (organizations) of employers (employers).

Article 7. Principles of activities of associations of employers

Activities of associations of employers are performed on the basis of the principle of voluntariness of the introduction in them and exit from them.

The relations between associations of employers, state bodies and labor unions are performed on the basis of the principles of social partnership and interaction of the parties.

Article 8. Status of associations of employers

Associations of employers can be republican or territorial (regional, district, city).

Republican associations of employers according to their charters extend the activities to all territory of the Republic of Belarus, and territorial associations of employers - to the territory of the corresponding administrative and territorial unit (area, the area, the city).

Creation and activities of republican consolidation of employers requires at least fifteen employers and (or) associations of employers from the majority of the areas of the Republic of Belarus and Minsk.

For creation and activities of territorial associations of employers it is necessary:

for regional (Minsk city) associations of employers - at least ten employers and (or) associations of employers from the respective area (Minsk);

for district (city) consolidation of employers - at least five employers and (or) associations of employers from the corresponding territory.

Article 9. Confederation of employers of the Republic of Belarus

Coordination of activities of associations of employers within system of social partnership is performed by the most representative republican consolidation of employers - Confederation of employers of the Republic of Belarus.

Confederation of employers of the Republic of Belarus republican consolidation of employers which part more than a half of number of the republican associations of employers operating in the Republic of Belarus is is recognized.

In the absence of the republican consolidation of employers answering to conditions of part two of this Article, Confederation of employers of the Republic of Belarus republican consolidation of employers which part employers for whom the greatest number of workers, but at least 20 percent from their total quantity working for the employers who are part of republican associations of employers in total works are is recognized. If other associations of employers are part of republican consolidation of employers, workers of employers - members of these associations of employers are also considered in case of representativeness determination.

Confederation of employers of the Republic of Belarus:

creates with participation of other republican associations of employers structure of National council on labor and social problems from the party of employers;

will organize participation of the party of employers in development and implementation of the general agreement;

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