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LAW OF THE REPUBLIC OF BELARUS

of July 17, 2002 No. 124-Z

About establishment and procedure for increase in minimum wage

(as amended on 07-05-2021)

Accepted by the House of Representatives on June 21, 2002

Approved by Council of the Republic on June 28, 2002

This Law determines the legal basis of establishment and procedure for increase in minimum wage.

Article 1. The main terms applied in this Law and their determinations

In this Law the following main terms and their determinations are applied:

minimum wage (monthly and hour) - the state minimum social standard in the field of compensation which the employer shall apply as the lowest border of compensation of workers for work in normal conditions during the normal duration of working hours in case of accomplishment of the obligations of the worker following from the legislation, local legal acts and the employment contract;

monthly minimum wage - the lowest amount of compensation of workers established by the legislation for calendar month;

hour minimum wage - the lowest amount of compensation of workers calculated from the monthly minimum wage established by the legislation for one working hour.

Article 2. Coverage of this Law

Operation of this Law extends to all workers and employers who signed the employment contract if other is not established by legal acts or international treaties of the Republic of Belarus.

Article 3. Legal regulation in the sphere of establishment and procedure for increase in minimum wage

Legal regulation in the sphere of establishment and procedure for increase in minimum wage is performed according to the legislation on establishment and procedure for increase in minimum wage and international treaties of the Republic of Belarus.

The legislation on establishment and procedure for increase in minimum wage is based on the Constitution of the Republic of Belarus and consists of the Labor code of the Republic of Belarus, this Law and other acts of the legislation.

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

Article 4. Monthly minimum wage

The monthly minimum wage is applied to workers whose compensation is made on the basis of the monthly tariff charges (tariff salaries), salaries, official pay rates.

The size of monthly minimum wage is determined taking into account:

economic opportunities republican and local budgets, and also employers;

needs of workers for material benefits and services;

employment level and labor productivity;

growth of consumer prices;

level of the nominal added average monthly salary on the republic.

The size of monthly minimum wage is established by Council of Ministers of the Republic of Belarus with participation of republican associations of employers and labor unions annually since January 1 taking into account part two of this Article according to the offer of National council on labor and social problems, but it is not lower than 30 percent of forecast value of the nominal added average monthly salary on the republic, the social and economic development of the Republic of Belarus determined in the forecast for the calendar year corresponding to month of establishment of the size of monthly minimum wage.

The monthly minimum wage within year is subject to indexation according to the procedure, provided for income indexation, received from the budget sources, according to the legislation on income indexation of the population taking into account inflation.

Other size of monthly minimum wage can be established by the collective agreement (agreement), but it is not lower than the size of monthly minimum wage, established according to this Law.

Article 5. Hour minimum wage

The hour minimum wage is applied to workers whose compensation is made on the basis of the hour tariff charges (tariff salaries), salaries, official pay rates.

The size the sentry of minimum wage is determined by the employer by division of the size of monthly minimum wage into ratio of the settlement regulation of working hours of calendar year established for the corresponding employee categories by the employer according to the legislation on work and the number of months of calendar year.

The hour minimum wage changes the employer in case of change of the size of monthly minimum wage, including in connection with indexation of monthly minimum wage.

Article 6. Application of minimum wage

The minimum wage (monthly and hour) is applied only in the sphere of employment relationships and provides social protection of workers.

The minimum wage (monthly and hour) is applied by the employer in case of compensation of workers for work in normal conditions during the normal duration of working hours in case of accomplishment of the obligations of the worker following from the legislation, local legal acts and the employment contract taking into account the fulfilled working hours.

To the worker at whom the size of accrued payroll appeared the lower than the size of minimum wage (monthly and hour) established and applied according to this Law the employer shall make surcharge to the size of minimum wage (monthly and hour). In case of determination of surcharge to the size of minimum wage (monthly and hour) in the amount of accrued payroll of the worker the compensating payments and payments which are not connected with accomplishment by the worker of the obligations following from the legislation, local legal acts and the employment contract are not considered. The list of the specified payments is established by the republican state body pursuing state policy in the field of compensation.

Article 7. Sources of financing of expenses on payment of minimum wage

The minimum wage (monthly and hour) is paid by the state-financed organizations and other organizations receiving subsidies which workers are equated on compensation to employees of state-financed organizations at the expense of means of the relevant budgets, other organizations - at the expense of the means intended on compensation.

Article 8. Responsibility for violation of the legislation on establishment and procedure for increase in minimum wage

Violation of the law about establishment and procedure for increase in minimum wage involves responsibility according to legal acts.

Article 9. Consideration of disputes over questions of application of the legislation on establishment and procedure for increase in minimum wage

Disputes over questions of application of the legislation on establishment and procedure for increase in minimum wage are considered by the commission on employment disputes and (or) court.

President of the Republic of Belarus

A. Lukashenko

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