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RESOLUTION OF THE MINISTRY OF LABOUR OF THE REPUBLIC OF BELARUS

of April 10, 2000 No. 47

About approval of the Instruction about procedure for calculation of average earnings

(as amended on 22-06-2021)

Based on paragraphs of the third or sixth subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of August 6, 2010 No. 1172 "About authority delegation of the Government of the Republic of Belarus on acceptance (edition) of regulatory legal acts according to the Labor code of the Republic of Belarus" and subitem 7.1.1 of Item 7 of the Regulations on 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 October 31, 2001 No. 1589, the Ministry of Labour and Social Protection of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for calculation of average earnings it (is applied).

2. It is excluded.

3. Recognize invalid:

the resolution of the State committee of the Republic of Belarus on work and social protection of the population of April 15, 1993 No. 25 "About rules of calculation of the average earnings kept during the annual leave and in other cases, stipulated by the legislation" (The bulletin of normative legal information, 1993, No. 7);

the resolution of the State committee of the Republic of Belarus on work and social protection of the population of December 29, 1993 No. 97 "About modification and amendments in the Rules of calculation of the average earnings kept during the annual leave and in other cases, stipulated by the legislation, approved by Goskomtrud's resolution of April 15, 1993 No. 25" (The bulletin of normative legal information, 1994, No. 2; it is registered in the Register of state registration 06.01.1994 No. 143/12);

the resolution of the State committee of the Republic of Belarus on work and social protection of the population of April 29, 1994 No. 50 "About approval of explanation "About payment of leaves in case of calculation of their duration in calendar days" (The bulletin of normative legal information, 1994, No. 7; it is registered in the Register of state registration 12.05.1994 No. 357/12);

the resolution of the State committee of the Republic of Belarus on work and social protection of the population of June 1, 1994 No. 62 "About modification of the Rules of calculation of the average earnings kept during the annual leave and in other cases, stipulated by the legislation, approved by Goskomtrud's resolution of April 15, 1993 No. 25" (The bulletin of normative legal information, 1994, No. 7; it is registered in the Register of state registration 02.06.1994 No. 393/12);

the resolution of the State committee of the Republic of Belarus on work and social protection of the population of July 8, 1994 No. 79 "About modification and amendments in the Rules of calculation of the average earnings kept during the annual leave and in other cases, stipulated by the legislation, approved by Goskomtrud's resolution of April 15, 1993 No. 25" (The bulletin of normative legal information, 1994, No. 9; it is registered in the Register of state registration 12.07.1994 No. 459/12);

the resolution of the Ministry of Labour of the Republic of Belarus of October 22, 1997 No. 101 "About modification of the Rules of calculation of the average earnings kept during the annual leave and in other cases, stipulated by the legislation, approved by Goskomtrud's resolution of April 15, 1993 No. 25" (The bulletin of normative legal information, 1997, No. 23; it is registered in the Register of state registration 27.10.1997 No. 2139/12).

Minister

I.A.Lyakh

Approved by the Resolution of the Ministry of Labour of the Republic of Belarus of April 10, 2000 No. 47

The instruction about procedure for calculation of average earnings

Chapter 1. General provisions

1. This Instruction determines procedure for calculation of the average earnings kept to the worker during labor (the main and additional) and social (in connection with education) leaves (further if other is not established, - leave), for payment of monetary compensation for unused labor leave (further - compensation), dismissal wage, payment of time of accomplishment of the state or public duties, induced truancy and in other cases, stipulated by the legislation, except when the legislation establishes other procedure for its calculation.

2. This Instruction is obligatory for use of all patterns of ownership by employers.

3. In case of calculation of average earnings the salary added to the worker for the work caused by the employment contract is considered.

4. Calculation of average earnings on principle place of employment and place of employment is in combination made separately.

Chapter 2. Calculation of the average earnings kept during labor (the main and additional) and social (in connection with education) leaves

5. The average earnings kept during leave for determination of the amount of compensation are estimated proceeding from the salary, to the added worker for 12 calendar months preceding month of the beginning of leave (compensation payment) irrespective of for what work year leave is granted (compensation is paid).

In case of calculation of average earnings the accrued payroll taking into account the list of the payments considered in case of calculation of average earnings according to appendix is taken into consideration (further – the List).

6. Average earnings are determined by multiplication of daily average earnings by the number of calendar vacation days (days of unused labor leave - for compensation payment). At the same time daily average earnings are determined by division of the salary, to the added worker in the months accepted for calculation of the average earnings kept during leave on the number of these months and on the average monthly number of calendar days, equal 29,7.

7. In case of separation of labor leave into parts calculation of average earnings is performed for each part of labor leave according to the procedure, established by this Instruction.

8. In cases of response of the worker from labor leave and transfer of its unused part for other period the amount of the paid average earnings falling on unused days of labor leave is set off on account of accrued payroll for the performed work or worked time. For payment of days of unused part of labor leave average earnings are estimated according to the procedure, established by this Instruction.

9. In case the worker before vacation (compensation payment) worked at the employer less than a year, average earnings are estimated proceeding from the salary added complete months prior to vacation (compensation payment).

Complete month calendar month in which the worker worked all working days according to employment policies and procedures (further – PVTR) or to the approved working schedule (working in shifts), and also days of its absence according to the legislation, in cases of preserving average earnings in the amount of 100 percent is considered.

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