Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 13, 2001 No. P-130/2001

About the minimum compensations for deterioration in legal status of workers

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address of the chairman of trade-union committee of PO Belaruskali about legitimacy of establishment of the minimum compensation in the amount of two-week average earnings for deterioration in legal status to the workers who reached retirement age and having the right to full pension and also the workers who did not reach the specified age, but receiving pensions.

In the address the chairman of trade-union committee of PO Belaruskali specified that the resolution of Council of Ministers of the Republic of Belarus of January 6, 2000 No. 19 "About modification of some orders of the Government of the Republic of Belarus" makes additions to the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1180 "About approval of the Approximate form of the contract of the employer with the worker", providing the minimum compensation for deterioration in legal status to the workers who reached retirement age (men - 60 years, women - 55 years) and having the right to full pension, and also to the workers who did not reach the specified age, but receiving pensions (except work pensions on disability, on the occasion of loss of the supporter and social pensions), in the amount of two-week average earnings. For other workers the minimum compensation for deterioration in their legal status is established in the amount of six or three average monthly salaries depending on the dismissal basis that is, in his opinion, discrimination in relation to pensioners and contradicts articles 22 and 23 of the Constitution, article 14 of the Labor code of the Republic of Belarus (further - shopping mall).

Constitutional court, having analysed provisions of the Constitution, the laws and other regulations of the Republic of Belarus, established the following.

The contract submits itself the employment contract signed in writing for the term determined within it containing features in comparison with general regulations of the legislation on work and providing specific minimum compensation for deterioration in legal status of the worker.

The decree of the President of the Republic of Belarus of July 26, 1999 No. 29 "About additional measures for enhancement of employment relationships, strengthening of labor and performing discipline" (further - the Decree No. 29) the right is granted to employers to sign contracts both with all workers in case of employment, and with with what employment contract was signed sine die.

In pursuance of Item 9 of the Decree No. 29 number of the resolutions of Council of Ministers of the Republic of Belarus regulating questions of registration of the employment relationships based on the contract is accepted. In particular, Item 2 of the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1180 "About approval of the Approximate form of the contract of the employer with the worker" established the minimum compensation for deterioration in legal status of the worker in cases:

- early contract cancelation because of failure to carry out or inadequate accomplishment of its conditions on fault of the employer - in the amount of six average monthly salaries;

- cancellation of the contract in connection with the expiration of its terms the size of three average monthly salaries.

Due to the entering into the specified Item of amendments the resolution of Council of Ministers of the Republic of Belarus of January 6, 2000 No. 19 "About modification of some orders of the Government of the Republic of Belarus" in the listed above cases to the workers who reached retirement age (the man - 60 years, the woman - 55 years) and having the right to full pension, and also to the workers who did not reach the specified age, but receiving pensions (except work pensions on disability, on the occasion of loss of the supporter and social pensions), provides the minimum compensation for deterioration in legal status in the amount of two-week average earnings.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 36000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.