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Belarus - Compensation & Benefit Legislation

CAPITAL

Minsk

 

CLIMATE

Cold winters with cool and moist summers. Transitional between continental and maritime.

 

LANGUAGES

Byelorussian, Russian and other.

 

LEGAL SYSTEM

Based on civil law system.

 

CURRENCY

Belarus Rubels (1 USD = 1,690.00 BYR as of March 15, 2002)

 

BELARUS - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

BELARUS - EMBASSY/CONSULATES

U.S. Embassy at Minsk

46 Starovilenskaya Street

Minsk 220002

Belarus

Telephone: [375] (17) 210-12-83

Fax: [375] (17) 234-78-53

http://www.usembassy.minsk.by/

 

Embassy of the Republic of Belarus at Washington D.C.

1619 New Hampshire Avenue N.W.

Washington D.C. 20009

Telephone: (202) 986-1606

Fax: (202) 986-1805

http://www.belarusembassy.org

 

BELARUS - HOLIDAYS

 

BELARUS – LEAVE

Annual Leave: Belarus’ constitution requires annual paid leave.

 

Maternity Leave: 126 days – 100% of pay (paid by social security).

 

BELARUS - MINIMUM AGE

The law establishes 16 as the minimum age for employment. With the written consent of one parent (or legal guardian), a 14-year-old child may conclude a labor contract.

 

(Section 6.d. Acceptable Conditions of Work, Belarus – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

BELARUS - MINIMUM REMUNERATION

The minimum wage is approximately $3 (3,600 rubles) a month, which does not provide a decent standard of living for a worker and a family. Average real wages improved during 2001 from approximately $40 (48,000 rubles) to $60 (72,000 rubles) a month.

 

(Section 6.e. Acceptable Conditions of Work, Belarus – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

BELARUS - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

BELARUS - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution upholds the right of workers, except state security and military personnel, to form and join independent unions on a voluntary basis and to carry out actions in defense of worker rights; however, these rights are not respected in practice. The authorities have taken numerous measures to suppress independent trade unions. Members of independent trade unions were arrested for distributing union literature, had union material confiscated, were denied access to work sites, were subjected to excessive fines, and were pressured by their managers and state security services to resign from their jobs because of trade union activities.

 

In 1999 Lukashenka signed a decree "On certain Measures to Improve the Activities of Political Parties, Trade Unions, and Other Public Associations Activities," which requires trade unions to have a minimum of 10 percent of the workers of an enterprise in order to form and register a local union. The decree also obliged existing registered unions to reregister and meet the new requirements. Free trade union leaders reported that this decree has had the effect of making registration, and therefore union activities, nearly impossible in many of the larger state-owned enterprises. Some local unions have been denied registration under this decree.

 

The Belarusian Free Trade Union (BFTU) was established in 1991 and registered in 1992; however, following a 1995 Minsk metro workers strike, the President suspended its activities. The BFTU's local unions were denied registration by local authorities in many towns, including Bobruisk, Grodno, Mogilev, and Orsha, and in numerous instances union activists and members were fired because of their union activities. In 1996 BFTU leaders formed a new umbrella organization, the Belarusian Congress of Democratic Trade Unions (BCDTU), which encompasses four leading independent trade unions and is reported to have approximately 15,000 members.

 

The authorities continued to discourage employees at state-run enterprises from joining independent trade unions. The Official Federation of Trade Unions of Belarus (FTUB), formerly the Belarusian branch of the Soviet Union's All-Union Central Council of Trade Unions, consists of approximately 4.5 million workers (including retirees) and is by far the largest trade union organization. According to official union federation figures, 92 percent of the workforce is unionized. Although wary in the past of challenging the regime seriously, some FTUB leaders have become increasingly vocal in their criticism of the policies of the Lukashenka regime. In retaliation the regime has threatened and harassed some FTUB officials.

 

In September 2000, FTUB members reportedly were pressured by the management of Dzerzhinsky, a subsidiary of the state-owned electronics manufacturer Integral, to break with their union and join a management-established and -run union. The FTUB reported that union members at other Integral plants similarly had been threatened. Under reported pressure from management and authorities of the regime, employees at Tsvetotron, a state electrical equipment factory, voted in 2000 to quit the union of electrical workers, a member of the FTUB.

 

Since September the Government has failed to transfer approximately $2 million (5 billion rubles) in back union dues collected from workers by state-owned enterprises to the FTUB. On December 14, the Belarusian Council of Ministers banned the withholding from salaries of trade union dues by state enterprises, a move that leaves unions in a state of financial crisis. These steps widely were believed to be designed to pressure the FTUB into removing its chairman, Vladimir Goncharik, at its December 6 plenary session. Goncharik was Lukashenka's primary opponent in the September 9 election. In December members of the FTUB presidium decided to end their support for Goncharik in an attempt to resolve the crisis. Facing the prospect of loss of funds and property by the FTUB, and having lost his support within the presidium, Goncharik resigned on December 28.

 

During the year, members of the Independent Trade Union of Belarus faced continual pressure at their workplace to join state unions or lose their jobs. Typically members of the Union smuggled copies of Rabochi, a newspaper about labor issues, into their workplace under their clothing. In December 2000, police detained seven members of the Independent Trade Union of Steel Workers and confiscated 3,000 copies of Rabochi outside the entrance to the Minsk Automobile Plant.

 

In July 2000, the Presidential Administration released a statement criticizing some union leaders for propagating what it called a groundless assertion that the regime violates unions' rights. The statement accused unions of engaging in "political activities...which cause direct damage to the labor movement and aggravate the socioeconomic problems of society." In a July 2000 speech at an agriculture conference, Lukashenka criticized the trade unions, the FTUB, and FTUB President Goncharik for a "lack of constructive activity" and blamed them for the loss of trade privileges with another country. On July 31, as part of the authorities' campaign of harassment of the FTUB, the Federation's bank accounts were frozen following an unexplained investigation of the union's records by the state committee for financial investigations. FTUB accounts were frozen again in September 2000 by tax authorities conducting an unspecified investigation. The accounts later were released. In an October 2000 speech to the FTUB Congress, Prime Minister Yermoshyn told trade union leaders to "stop agitating people and get to work" and accused the FTUB of engaging in politics rather than focusing on the needs of workers.

 

The Constitution provides for the right to strike; however, tight control by the Lukashenka regime over public demonstrations makes it difficult for unions to strike or to hold public rallies to further their objectives (see Sections 1.d. and 2.b.). For example, a demonstration planned for November 2000, organized by workers of the Minsk Tractor Works and the Minsk Engine Works to protest low pay and wage arrears was banned. Other demonstrations similarly were banned. Union members at times undertook work stoppages, usually in response to late payment of wages

 

On July 3, 2000, noting that the authorities failed to respect the rights of workers, suppressed trade union rights, harassed union leaders, and had not taken sufficient steps to conform to internationally recognized labor rights, a foreign government suspended the country's trade benefits.

 

Unions are free to affiliate with international bodies. At year's end, the BFTU was attempting to join the International Confederation of Free Trade Unions (ICFTU); the independent unions already were affiliated with ICFTU.

 

b. The Right to Organize and Bargain Collectively

 

Legislation dating from the Soviet era provides for the right to organize and bargain collectively; however, the authorities and state-owned enterprises have hindered the ability of workers to bargain collectively and, in some instances, arbitrarily suspended collective bargaining agreements (see Section 6.a.). Provisions of a 1999 presidential decree intended to place all workers on individual rather than collective contracts were criticized heavily by both independent and official union leaders, who believe that they were designed principally to enable the Presidential Administration to increase its control over the labor sector. These provisions had not been implemented by year's end. In February 2000, the management of the Mogilev Automobile Factory (MAZ) unilaterally suspended its collective bargaining agreement with the local union of the BFTU, evicted the organization from its office, and confiscated office equipment.

 

Several BFTU activists were dismissed by MAZ management in connection with their union activities. Since the economy remained largely in the hands of the State, unions usually sought political redress for economic problems. Workers and independent unions have recourse to the court system.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced labor except in cases when the work or service to be performed is fixed by a court's decision or in accordance with the law on states of emergency or martial law; however, there were some reports of forced labor. For example, in July 2000, town authorities in Ivatsevichy, in the Brest region, sent letters to local industrial enterprises and state institutions ordering them to increase the "voluntary" participation of their employees in the harvesting of livestock fodder by 20 percent. Workers who refused to "volunteer" for the harvest were ordered to pay a fine of $5 (5,000 rubles) or approximately 15 percent of their average monthly salary. The order had the effect of forcing local individuals to work in the fodder harvest. Students also were forced to participate in potato harvesting activities.

 

The constitutional provision prohibiting forced or bonded labor applies to all citizens, although its application to children is not specified; trafficking in girls was a problem (see Section 6.f.). With the possible exception of juvenile prisoners, other forms of forced and bonded labor by children are not known to occur.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law establishes 16 as the minimum age for employment. With the written consent of one parent (or legal guardian), a 14-year-old child may conclude a labor contract. The Prosecutor General's office reportedly enforces this law effectively.

 

The constitutional provision prohibiting forced or bonded labor applies to all citizens, although its application to children is not specified; trafficking in girls was a problem (see Section 6.f.).

 

e. Acceptable Conditions of Work

 

The minimum wage was $3 (3,600 rubles) a month, which does not provide a decent standard of living for a worker and a family. Average real wages improved during the year from approximately $40 (48,000 rubles) to $60 (72,000 rubles) a month. During the Presidential campaign, President Lukashenka decreed that average wages would be increased from approximately $65 (78,000 rubles) to $100 (120,000 rubles) a month. Authorities reported that average wages were just more than $106 (127,200 rubles) a month at year's end, although independent analysts reported the figure was lower. According to the International Monetary Fund (IMF), the wage increase was accomplished by accumulating arrears to suppliers and by other nonsustainable means. Agricultural workers are paid approximately 39 percent less than the average monthly wage. The country's continuing economic problems made it difficult for the average worker to earn a decent living. Major wage arrears continued to grow, especially in the agricultural sector. The Constitution and Labor Code set a limit of 40 hours of work per week and provide for at least one 24-hour rest period per week. Because of the country's difficult economic situation, an increasing number of workers found themselves working considerably less than 40 hours per week. Reportedly factories often required workers to take unpaid furloughs caused by shortages of raw materials and energy and a lack of demand for factory output.

 

The law establishes minimum conditions for workplace safety and worker health; however, these standards often are ignored. Workers at many heavy machinery plants do not wear even minimal safety gear, such as gloves, hard hats, or welding glasses. A State Labor Inspectorate exists but does not have the authority to enforce compliance, and violations often were ignored. According to the Labor and Social Security Ministry, during the year 239 workers died and 675 were injured in workplace accidents. The high accident rate is due to a lack of protective clothing, shoes, equipment, nonobservance of temperature regulations, the use of outdated machinery, and inebriation on the job. There is no provision in the law that allows workers to remove themselves from dangerous work situations without risking loss of their jobs.

 

In January 2000, Lukashenka issued a new decree, despite the protests of independent trade unions, lowering the level of disability allowances paid by the State or state enterprises for result of workplace injuries. Under the decree, industrial injury suits also are to be covered by the Civil Code, rather than the Labor Code. Independent union leaders believe workplace injuries should be reviewed under the Labor Code, under which compensation is more generous.

 

The Labor Code accords foreign workers the same protections as citizens.

 

f. Trafficking In Persons

 

The law prohibits trafficking in persons; however, trafficking in persons is a serious and growing problem. There were no reports of official involvement in trafficking; however, observers believe that given the extensive corruption that exists within the police and other agencies of the regime, such involvement is likely.

 

The country is both a country of origin and a country of transit for women and girls being trafficked to Central and Western Europe for purposes of prostitution and sexual exploitation. The authorities have not released any statistics; however, according to country NGO's, several thousand Belarusian women have fallen victim to trafficking. Information from the Netherlands, Lithuania, and Bosnia, refer to Belarus as a country of origin for women being trafficked to or through their countries. Women from Russia, Ukraine and Lithuania are trafficked through Belarus to countries in Europe, primarily Germany and Poland. Other anecdotal evidence suggests that the Russian Mafia is active in trafficking young women to Cyprus, Greece, Israel, and Western Europe. The Ministry of Internal Affairs acknowledges that Russian criminal organizations actively may try to recruit and lure women into serving as prostitutes in Western Europe and the Middle East. Traffickers, who are associated with organized crime and drug trafficking, entice their victims through advertisements for lucrative jobs in newspapers and on the Internet.

 

On January 1, Article 181 of the new Criminal Code for Belarus entered into effect. It penalizes trafficking in persons for the purpose of sexual or other kinds of exploitation. The Criminal Code also criminalizes the hiring of individuals in order to exploit them sexually or otherwise. The penalty for trafficking is between 5 and 7 years imprisonment. A criminal case against a trafficker was opened in the region of Grodno, in which a man was charged with trafficking at least 35 women from Belarus to Poland over a period of 2 years. There were convictions in 12 of the cases. When the case was first tried in October 2000, the accused received a 4 year sentence for pandering but the Grodno Regional Court dismissed the verdict and ordered a new investigation in order for the defendant to be charged under the new Criminal Code. However, the prosecution again charged the man with drug dealing and pandering.

 

BELARUS - SOCIAL SECURITY

http://www.ssa.gov/SSA_Home.html

 

BELARUS - STANDARD WORKWEEK

The Constitution and Labor Code set a limit of 40 hours of work per week and provide for at least one 24-hour rest period per week.

 

(Section 6.e. Acceptable Conditions of Work, Belarus – Report of Human Rights Practices, 2001, U.S. Department of State.)