On Minimum Wage In accordance with Part 1 of Article 59 of the Labor Code of the Republic of Belarus, Article 1 of the Law of the Republic of Belarus "On the establishment and procedure for increasing the minimum wage"...
In accordance with Part 1 of Article 59 of the Labor Code of the Republic of Belarus, Article 1 of the Law of the Republic of Belarus "On the Establishment and Procedure for Increasing Minimum Wage" (hereinafter referred to as the Law), the minimum wage (monthly and hourly) is a state minimum social standard in the field of labor remuneration, which the employer is obliged to apply as the lowest limit of labor remuneration for employees for work under normal conditions during normal working hours when performing the duties of an employee arising from legislation, local legal acts, and employment contracts.
The monthly minimum wage is the lowest remuneration for employees for a calendar month established by law, applied to employees whose labor remuneration is based on monthly tariff rates (salaries, official salaries).
By Resolution of the Council of Ministers of the Republic of Belarus No. 582 of August 29, 2019, the monthly minimum wage was established from January 1, 2020, in the amount of 375 rubles.
The hourly minimum wage is the lowest remuneration calculated from the monthly minimum wage established by law.
the amount of remuneration of employees for one hour of working time, applied to employees whose remuneration is based on hourly tariff rates (salaries, official salaries).The hourly minimum wage is determined by the employer by dividing the monthly minimum wage by the ratio of the calculated norm of working time for the calendar year, established for the respective categories of employees by the employer in accordance with labor legislation, and the number of months in the calendar year.
For example, with a calculated working time norm according to the production calendar for 2020 for a 40-hour five-day work week with days
The results of the analysis of the reasons for employees of organizations in the Vitebsk region being paid wages below the monthly minimum wage indicate that, in the vast majority of cases, these reasons are related to the duration of working time (employee working part-time, being on unpaid leave for educational, family, or other valid reasons, or on unpaid or partially paid leave at the employer's initiative, downtime not due to the employee, etc.).
The calculated norm of working time for a five-day working week with days off on Saturday and Sunday in February 2020 is 160 hours, and in March 2020 – 176 hours.
For example, if an employee whose labor is remunerated based on a monthly tariff rate, with a five-day working week and days off
on Saturdays and Sundays, a part-time work schedule of 20 hours per week (Monday to Friday, 4 hours per day) is established. When performing duties arising from legislation, local legal acts, and the employment contract, in February 2020, the working time under normal conditions was 80 hours (20 days x 4 hours). If the accrued salary was lower than the monthly minimum wage, the employer is obliged to pay the difference up to the monthly minimum wage, i.e., up to 187.5 rubles (375 rubles / 160 hours x 80 hours), unless a higher monthly minimum wage is established by a collective agreement (agreement). In a similar situation, an employee whose labor is remunerated based on an hourly tariff rate receives a supplement up to 176.8 rubles (80 hours x 2.21 rubles). If an employee whose labor is remunerated based on a monthly tariff rate, with a five-day work week and days off on Saturday and Sunday, worked from February 3 to 7, 2020 (5 days x 8 hours, a total of 40 hours), and was temporarily disabled from February 10 to 28, 2020, the accrued salary should be no less than 93.75 rubles (375 rubles / 160 hours x 40 hours). In a similar situation, an employee whose labor is remunerated based on an hourly tariff rate receives a supplement up to 88.4 rubles (2.21 rubles x 40 hours). The calculation of temporary disability benefits is carried out in the established manner. According to Part 1 of Article 71 of the Labor Code of the Republic of Belarus, in case of failure to meet production norms, defective work, or downtime not due to the employee's fault, the salary cannot be lower than two-thirds of the established tariff rate (tariff salary) or base salary.For an employee paid based on a monthly tariff rate, with a five-day work week and days off on Saturday and Sunday, who worked only from March 2 to March 6, 2019, due to a downtime not caused by the employee from March 9 to March 31, 2019, the accrued wage amount must be at least 85.23 rubles (375 rubles / 176 hours x 40 hours). In a similar situation, for an employee paid based on an hourly tariff rate, the accrued wage amount must be at least 88.4 rubles (2.21 rubles x 40 hours). Additionally, wages for the downtime not caused by the employee must be no less than two-thirds of their established tariff rate.
For an employee paid based on a monthly tariff rate, with a five-day work week and days off on Saturday and Sunday, who worked only from March 16 to March 31, 2020 (12 days at 8 hours per day, totaling 96 hours) due to being on unpaid leave from March 2 to March 13, 2020, the accrued wage amount must be at least 204.55 rubles (375 rubles / 176 hours x 96 hours). In a similar situation, for an employee paid based on an hourly tariff rate, the accrued wage amount must be at least 212.16 rubles (2.21 rubles x 96 hours).
Employees who have not fulfilled their duties arising from legislation, local legal acts, and employment contracts without valid reasons, for example, including having committed truancy or being absent from work without valid reasons for a short period, should not be paid the minimum wage supplement.
Methodological Aspects: "On Minimum Wage"
Deputy Head of the Labor Legislation Enforcement Department of the Vitebsk Regional Department of the State Labor Inspectorate G.A. Galay