Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Bélarus (Ratification: 1993)

The Committee notes the information provided by the Government in its report, in particular the enactment of the Labour Code of 26 July 1999 (Text No. 432).

Article 1, paragraph 1, of the Convention. The Committee notes that, under section 59 of the Labour Code, minimum wages are fixed by law taking into account the workers’ basic consumption needs, while collective agreements may provide for higher rates of remuneration. It also notes that, under section 2 of Act No. 124 of 17 July 2002 on wage fixing and the procedure of increasing minimum wages, minimum wage rates are reviewed, in consultation with the employers’ and workers’ organizations, on an annual basis having regard to forecasts for socio-economic development and are subject to indexation, account being taken of the inflation rate.

Article 3, paragraph 2(2). The Committee notes the information provided by the Government on the mandate and functioning of the National Council on Labour and Social Matters, especially with regard to the equal representation of the largest employers’ associations and trade unions. The Committee also notes with interest the issue of Presidential Decree No. 252 of 5 May 1999 approving the Regulations on the National Council on Labour and Social Matters. The Committee requests the Government to keep it informed of any new developments concerning the composition and terms of reference of this consultative body in respect of minimum wage fixing.

Article 3, paragraph 2(3). The Committee notes that the principle according to which minimum wages once fixed may not be subject to abatement is given effect in section 59 of the Labour Code and section 1(2) of the Presidential Decree No. 3 of 15 February 2002 which provide that the national minimum wage is binding on employers as the lowest permissible limit of labour remuneration of workers.

Article 4, paragraph 1. The Committee notes the Government’s indication that workers are informed of the minimum wage rates in force basically through the publication of any relevant legislative instrument in the official gazette (Nacionalnyj Reestr) as well as in certain newspapers. In this connection, the Committee wishes to recall paragraph 359 of its General Survey of 1992 on minimum wages, according to which the publication of minimum wage rates in the official gazette is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force. It requests therefore the Government to indicate any additional measures taken or envisaged to ensure that adequate publicity is given to minimum wage rates, for example, through the posting of notices in places where wages are paid or at the workplace, or by other similar means.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that, under the Decision of the Council of Ministers No. 243 of 22 February 2002, the national minimum wage was set at 17,000 Belarus roubles per month, while by the Decision of the Council of Ministers No. 1211 of 1 September 2002, the minimum remuneration for the budgetary sector was established at 23,200 Belarus roubles per month. The Committee understands that the national minimum wage was last determined by the Decision of the Council of Ministers No. 59 of 20 January 2003 and now amounts to 40,670 Belarus roubles per month or 242 Belarus roubles per hour. The Committee would be grateful if the Government would continue supplying detailed information on the practical application of the Convention, including, for instance, the minimum wage rates in force by sector and occupational category, statistics on the number of workers covered by relevant legislation, inspection reports containing information on the number and nature of violations observed and penalties imposed, and any other particulars bearing on the operation of the minimum wage fixing machinery.