RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 23, 2023 No. 203

About elimination of violations of the law about work

In pursuance of subitems 2.1 and 2.2 of Item 2 of the Presidential decree of the Republic of Belarus of January 9, 2023 "About measures for ensuring timely salary payment" the Council of Ministers of the Republic of Belarus DECIDES: No. 3

1. Approve:

The regulations on procedure for removal and execution of the requirement about elimination of violations of the law on work for ensuring salary payment (are applied);

The regulations on procedure for decision on collection of the salary and (or) other payments which are due to the worker according to the legislation on work (are applied).

2. To add Item 8 of the Regulations on Department of State Labour Inspection of the Ministry of Labour and Social Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 959, with subitem 8.5 of the following content:

"8.5. pass the decision on collection of the salary and (or) other payments which are due to the worker according to the legislation on work and show for the benefit of the worker this decision in bodies of forced execution together with the statement for excitement of enforcement proceeding;".

3. To the Ministry of Labour and Social Protection to take measures for implementation of this resolution.

4. This resolution becomes effective since April 11, 2023.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 23, 2023 No. 203

Regulations on procedure for removal and execution of the requirement about elimination of violations of the law on work for ensuring salary payment

1. This Provision determines procedure for removal by Department of State Labour Inspection of the Ministry of Labour and Social Protection, by its isolated territorial subdivisions (further, unless otherwise specified, - Department) requirements about elimination of violations of the law about work for ensuring salary payment and (or) other payments which are due to the worker according to the legislation on work (further - the salary), and the term of its execution by the employer.

2. For the purposes of this provision terms and their determinations in the values established in the Labor code of the Republic of Belarus are used.

Treat other payments which are due to the worker according to the legislation on work:

compensation for work in overtime, on the weekend, the public holidays and holidays established and announced according to the procedure, stipulated by the legislation, non-working;

compensation for mobile and traveling kind of work, works by shift method;

compensation in case of official journeys;

surcharge to the size of minimum wage (monthly and hour);

surcharge for work at night;

surcharge in case of combination of positions of employees (professions of workers), expansion of zones of servicing (increase in amount of work), fulfillment of duties of temporarily absent worker without release from the work determined by the employment contract, the official (working) instruction;

payment of average earnings in the cases established by the legislation on work;

lump sum payment on improvement by provision of labor leave;

dismissal wage;

final settlement in case of dismissal.

3. In the presence in Department of information obtained from law enforcement, other state body, other organization or physical person and also placed in mass media about the fact of nonpayment or incomplete payment by the employer at the scheduled time of the salary the Department sends to the employer inquiry for submission of the documents connected with charge and salary payment (further - request).

The statement of physical person for the fact of nonpayment or incomplete payment by the employer of the salary is at the scheduled time the basis for the direction Department to the employer of request if it is given within three years from the date of when this person learned or owed learn about violation of the right to the salary in terms and the sizes established by the legislation, the collective agreement, the agreement or the employment contract.

The inquiry is sent by the registered mail with the assurance of receipt or by means of system of interdepartmental electronic document management of state bodies no later than five working days following behind day of obtaining by Department of information specified in part one of this Item.

The request shall contain specific list of the documents connected with charge and salary payment (further - documents) which the employer shall provide.

4. The employer shall in time, specified in request, to submit documents to Department.

The authorized officers of the employer which submitted documents bear for reliability of the data containing in documents, responsibility.

5. In case of establishment based on studying of the acquired information specified in Item part one 3 this provision and the documents of the facts of nonpayment or incomplete payment submitted by the employer at the scheduled time of the salary by the Department takes out the requirement about elimination of violations of the law about work for ensuring salary payment (further - the requirement).

The requirement is taken out no later than five working days following behind day of submission of documents by the employer.

6. The requirement is taken out by the director of the department of State Labour Inspection of the Ministry of Labour and Social Protection, his deputies, chiefs regional, Minsk city managements, chiefs of interdistrict departments of regional managements and their deputies.

7. In the requirement shall be specified:

date and number of the requirement;

the employee's position, surname, own name, middle name (if that is available) person which issued the requirement;

the name (surname, own name, middle name (if that is available) the employer, the location (residence), accounting number of the payer, details current (settlement) and other accounts (in the presence);

the description of the fact of violation of the law about work (regarding ensuring complete payment at the scheduled time of the salary);

acts of the legislation which requirements are violated;

the list of workers of the employer concerning whom violations are allowed with indication of the employee's position (the worker's profession), surnames, own name, middle name (if that is available) each worker and wages amounts which are subject to payment;

the term during which violations shall be eliminated (not exceeding 15 working days);

term of informing Department on elimination of violations;

information on procedure for recovery by enforcement of the salary.

The form of the requirement is established by the Ministry of Labour and Social Protection.

8. The requirement is constituted in duplicate.

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