Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information provided by the Government in its report. It requests it to provide additional information on the following points.

1. Article 3 of the Convention. The Committee notes, according to the Government’s report, that the Labour Code does not provide for the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. It also notes the information that section 11 of the Bank Code provides that financial obligations in the country must be expressed in terms of an official monetary unit of Belarus, currently the Belarus rouble. The Committee nevertheless recalls that the Convention requires that wages payable in money shall be paid only in legal tender, and payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender, must be explicitly prohibited by national law. Consequently, the national legislation has to contain an explicit prohibition of the payment of wages which are payable in money in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender. The Committee therefore hopes that the Government will take the necessary measures to ensure full conformity with this provision of the Convention.

2. Article 4. Further to its previous comments on this provision, the Committee notes that the Government does not provide information in its report on the measures taken to bring its legislation into full conformity with the Convention. The Committee therefore once again recalls that section 74 of the Labour Code recognizes the possibility of substituting the payment in legal tender of wages in cash, in full or in part, by payment in kind, subject to the worker’s consent. While noting the Government’s statement that in practice the payment of wages in legal tender is never fully replaced by payment in kind, which could mean that at least a part of the wage could be paid in kind, the Committee is bound to recall that the Convention only allows for the partial payment of wages in kind in those industries or occupations in which such payment is customary or desirable. The Convention also requires measures to be taken to ensure that, where the payment of part of the wage in kind is authorized, the value attributed to such allowances in kind is fair and reasonable. The Committee is therefore bound to request the Government once again to specify the measures that it intends to take to bring the national legislation into conformity with the requirements of the Convention.

3. Article 6. The Committee notes the statement in the Government’s report that the national legislation does not accord employers the right to restrict in any manner the freedom of workers to dispose of their wages as they wish. However, it considers that, as it has already had occasion to indicate in its previous comments, the adoption of an appropriate legislative provision laying down this specific prohibition is needed to give effect to the Convention on this point. It therefore once again hopes that the Government will make every effort to adopt the necessary provisions in the very near future.

Article 7. The Committee notes that, according to the Government, the legislation in force does not contain provisions establishing the right of employers to oblige workers to use works store established in the enterprise. The Committee however recalls that, in its previous direct request, it asked the Government to specify the legislation or other provisions regulating the operation of company stores, and which provide in particular that the goods sold and the services provided by such works stores must be provided at fair and reasonable prices, and that stores must not be operated for the purpose of securing a profit, but for the benefit of the workers concerned. Noting that the report supplied by the Government does not reply to the points raised by the Committee on this subject, it trusts that the Government will take all the appropriate measures to ensure that effect is given to these provisions of the Convention and that it will supply all the relevant information in this respect.

5. Article 8, paragraph 1. The Committee notes that employers may make deductions, with the written consent of the worker, in order to settle the compensation for damages caused by the fault of the worker, as well as contributions made with a view to the payment of pensions. The Committee would be grateful if the Government would indicate in its next report all the other cases in which employers may make deductions with the written consent of the worker.

6. Article 8, paragraph 2. The Committee notes that, according to the information provided by the Government, the limitations placed on deductions from wages by section 108 of the Labour Code are not applicable to deductions made for the payment of alimony for young children or in cases where the work in respect of which the wage is payable consists of correctional labour performed on the basis of a judicial decision. The Committee requests the Government to indicate the conditions and limits to deductions from wages that are applicable in such cases and the manner in which they are brought to the notice of the persons concerned.

7. Furthermore, the Committee notes that, according to the Government’s report, the methods for informing workers of the conditions under which and the extent to which deductions may be made from their wages depend on the type of deduction envisaged. It requests the Government to specify in each case the various methods set out in national regulations with a view to informing workers thereof. The Government also recalls that collective agreements have to include a provision specifying that workers must be informed of the authorized conditions and limits for any deductions. The Committee nevertheless notes that the Government’s report does not contain copies, as requested by the Committee in its previous comments, of collective agreements containing such provisions. It hopes that the Government will be able to forward copies of the above collective agreements with its next report.

8. Article 10. The Committee notes that the Government’s report reiterates information already provided in its previous reports concerning the manner in which and the limits within which wages may be attached. However, it notes that the Government does not indicate, as requested by the Committee, the relevant legislative provisions concerning the conditions and limits applicable to the assignment of wages. The Committee therefore once again requests the Government to provide the relevant information in this respect with its next report.

9. Article 13, paragraph 2. The Committee notes that the Government’s report indicates that it shall be prohibited to pay wages in taverns or other similar establishments, in shops or stores for the retail sale of merchandise and in places of amusement, except in the case of persons employed therein. However, the Government does not indicate whether there are legal provisions setting out this prohibition. The Committee is therefore bound once again to request the Government to indicate the legislative provisions prohibiting the payment of wages in taverns or other similar places and, where necessary, to prevent abuse in shops or stores for the retail sale of merchandise or in places of amusement, except in the case of persons employed therein. If such provisions are not explicitly set out in national laws or regulations, the Committee requests the Government to take all the appropriate measures to bring the national legislation fully into conformity with this provision of the Convention.

10. Article 14(b). The Committee noted in its previous comment that, under section 52 of the Labour Code, the Government has to establish rules requiring the keeping of basic accounting documents on wages, including wage slips, which shall contain particulars of wages and full particulars of deductions. The Committee requested the Government to provide copies of such rules, as soon as they were issued. It notes, however, that the Government’s last report is confined to recalling that, in practice the processing of wages is computerized which makes it possible for workers to be informed of the elements making up their wages. The Committee therefore requests the Government to indicate whether rules on the basic accounting documents concerning wages have been adopted so as to permit workers to be informed, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, in so far as such particulars may be subject to change, in accordance with this provision of the Convention.

11. Article 15(c), in conjunction with Part III of the report form. The Committee notes the adoption by the Ministry of Labour and Social Protection, on 27 December 2001, of Decision No. 22 prescribing rules respecting the responsibility of the Labour Inspection Department for supervising the application of labour legislation. It notes that, by virtue of section 5(18) of the above, this Department is responsible for preparing an annual report on compliance in practice with the labour legislation. The Committee would be grateful if the Government would provide with its next report the information on compliance with the legislation respecting wage protection contained in the above document. Furthermore, the Committee requests the Government to provide information on the adoption of the Bill respecting the liability of the employer in the event of failure to comply with the labour legislation.