Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Protection of Wages Convention, 1949 (No. 95) - Belarus (Ratification: 1961)

The Committee notes the Government's report as well as the Labour Code in its 15 December 1992 version. It notes that the Code contains no provision giving effect to Articles 5 to 7 and 9 to 11 of the Convention. The Committee requests the Government to provide information on other legislation that may give effect to the provisions of the Convention and on the process of working out a new Labour Code that is taking place with the assistance of the ILO. Please also supply further information on the following points.

Article 1 of the Convention. Please provide the list of remunerations that constitute the wage, determined by the Cabinet of Ministers under section 77(2) of the Code.

Article 2. The Committee requests the Government to clarify whether the Labour Code is applicable to the employment relationships in the private sector: the provisions of section 257 give the impression that it is not applicable, while the definitions of the employer under section 15(2) seem to cover companies in the private sector.

Article 4. The Committee notes that, under section 96.1(2) of the Code, it is possible to pay the wage totally in kind if the worker agrees. It points out that this provision of the Convention allows only a partial payment of wages in kind. Please indicate the measures taken to give effect to this provision, and also the legislative provisions that prohibit the payment of wages in the form of alcohol or narcotic substances.

Article 8. Please supply information on other legislation than the Labour Code that provide for the deductions from wages under section 124 of the Code.

Article 13. Please indicate the measures taken to ensure that the payment of wages be made on working days only.

Article 14(b). Please indicate the legislative provision that requires the statement to be issued setting out the particulars of wages at each payment.

Article 15(c) and (d). Please provide information on the prescribed penalties for violation of legislation concerning the protection of wages, and on the measures taken for the maintenance of appropriate records of wage payment.