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The document ceased to be valid since  January 1, 2017 according to Item 2 of the Resolution of Council of Ministers of the Republic of Belarus of October 13, 2014 No. 970

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 26, 2010 No. 791

About approval of the Regulations on procedure and about conditions of the conclusion of contracts with heads of agricultural production cooperatives and about recognition voided some orders of the Government of the Republic of Belarus

(as amended on 06-06-2014)

In pursuance of article 66 of the Law of the Republic of Belarus of January 4, 2010 "About local authority and self-government in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure and on conditions of the conclusion of contracts with heads of agricultural production cooperatives.

2. Establish the minimum compensation in the amount of three average monthly salaries in case of early contract cancelation with the head of agricultural production cooperative (further – kolkhoz) in connection with failure to carry out or inadequate accomplishment of its conditions on fault of the employer.

Action of part one of this Item does not extend to heads of the kolkhozes which reached retirement age (the man – 60 years, the woman – 55 years) and having right to full pension, and also heads of the kolkhozes which did not reach the specified age, but receiving pension (except for work pensions on disability, on the occasion of loss of the supporter and social pensions).

3. Recognize invalid the orders of the Government of the Republic of Belarus according to appendix.

4. To local executive and administrative organs to bring contracts with heads of kolkhozes into accord with this resolution in a month.

5. This resolution becomes effective since July 20, 2010.

First Deputy Prime Minister of the Republic of Belarus

V. Semashko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 26, 2010 No. 791

Regulations on procedure and on conditions of the conclusion of contracts with heads of agricultural production cooperatives

Chapter 1. General provisions

1. In this Provision developed according to 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" (The national register of legal acts of the Republic of Belarus, 1999, No. 58, 1/512) and presidential decrees of the Republic of Belarus of February 6, 1995 No. 51 "About measures for further development of farm-production" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1995, No. 4, the Art. 85), of April 12, 2000 No. 180 "About procedure for application of the Decree of the President of the Republic of Belarus of July 26, 1999 No. 29" (The national register of legal acts of the Republic of Belarus, 2000, No. 37, 1/1164), of February 2, 2001 No. 49 "About some questions of organization-legal ensuring activities of kolkhozes" (The national register of legal acts of the Republic of Belarus, 2001, No. 15, 1/2020), are determined procedure and conditions of the conclusion of contracts with heads of agricultural production cooperatives (further - kolkhoz).

2. The contract with the head of kolkhoz after its election to position as general meeting (meeting of representatives) of collective farmers or other representative on that governing body of kolkhoz (further - the employer) consists the chairman of district executive committee (further - the authorized officer) for three years if other term is not established by the statute of collective farm.

If the statute of collective farm establishes other effective period of powers of the head of kolkhoz, the contract is signed on effective period of its powers, but for one year at least and no more than for five years.

3. The contract is signed with the head of kolkhoz in writing and signed by the authorized officer and the head of kolkhoz.

The contract shall be approved with the chairman of executive committee of primary level in the territory of which Village Council there is kolkhoz.

4. The contract is constituted in duplicate, signed by the parties and stored at each of them.

The contract becomes effective from the date of its signing or other term specified in it.

Chapter 2. Contents of the contract

5. In the contract the following conditions shall be specified as obligatory:

5.1. signature date of the contract;

5.2. place of employment;

5.3. position of the head of kolkhoz;

5.4. duration of the contract;

5.5. payment terms of work of the head of kolkhoz according to the regulations on compensation operating in kolkhoz;

5.6. managerial rights of kolkhoz, including the right on:

written fixing of the job and other responsibilities and creation of proper conditions for their execution;

protection of the economic and social rights and interests;

decision making according to job responsibilities, advanced training and retraining according to the procedure, stipulated by the legislation;

obtaining from kolkhoz of the help for increase in professional skill;

expense recovery and receipt of other compensations in connection with official journeys and accomplishment of the state obligations;

material indemnification, the kolkhoz caused to the head the mutilation or other damage of health connected with execution of labor obligations by it;

the salary and additional work incentives according to the procedure, determined by the legislation;

non-interference to his private life and respect of personal advantage;

healthy and safe labor conditions;

the national social insurance, provision of pensions and guarantees in case of occupational disease, labor mutilation, disability and loss of work;

weekly rest, including on the weekend, rest during the public holidays and holidays established and announced by the President of the Republic of Belarus non-working and leaves lasting at least, than it is established by the Labor code of the Republic of Belarus;

judicial and other protection of labor rights;

other rights, stipulated by the legislation and statute of collective farm;

5.7. the employer's rights, including the right on:

release of the head of kolkhoz from post;

encouragement of the head of kolkhoz, and also application of measures of authority punishment to it;

the requirement from the head of kolkhoz of observance of provisions of the charter, accomplishment of decisions of general meeting (meeting of representatives) of collective farmers, its boards, terms of the contract and employment policies and procedures;

reduction (deprivation) of awards of all types irrespective of involvement of the head of kolkhoz to disciplinary responsibility for:

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