About 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 the 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 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 the employment contract.
The monthly minimum wage is the lowest amount of remuneration for employees established by law for a calendar month, and is applied to employees whose remuneration is based on monthly tariff rates (salaries, official salaries).
By Resolution of the Council of Ministers of the Republic of Belarus of August 29, 2019 No. 582, the monthly minimum wage has been established from January 1, 2020 in the amount of 375 rubles.
The hourly minimum wage is the lowest amount of remuneration for employees for one hour of working time, calculated from the monthly minimum wage established by law, and is applied to employees whose remuneration is based on hourly tariff rates (salaries, official salaries).
The amount of the hourly minimum wage is determined by the employer by dividing the amount of the monthly minimum wage by the ratio of the calculated norm of working hours 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.
Thus, with a calculated norm of working hours according to the production calendar for 2020 for a 40-hour five-day working week with weekends on Saturday and Sunday – 2032 hours, the hourly
The minimum wage will be 2.21 rubles (375 / (2032 / 12).
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 the working time (an employee working part-time, being on unpaid leave for training, family, domestic, 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 is 176 hours.
For example, if an employee whose labor is paid based on a monthly tariff rate, with a five-day working week and days off on Saturday and Sunday, is set to work part-time for 20 hours per week (from Monday to Friday, 4 hours per day), and fulfills the 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 wage in this case was below 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 paid based on an hourly tariff rate is paid an additional amount up to 176.8 rubles (80 hours x 2.21 rubles).
If an employee whose labor is paid based on a monthly tariff rate, with a five-day working week and days off on Saturday and Sunday, worked from the 3rd to the 7th
February 2020 (5 days, 8 hours per day, total 40 hours), and from February 10 to 28, 2020, was temporarily unable to work, the amount of accrued wages must be at least 93.75 rubles (375 rubles / 160 hours x 40 hours). In a similar situation, for an employee whose labor is paid based on an hourly tariff rate, the additional payment is made up to 88.4 rubles (2.21 rubles x 40 hours). The accrual 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, and downtime not through the employee's fault, wages cannot be lower than two-thirds of the tariff rate (tariff salary), or salary established for them.
For an employee whose labor is 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 6, 2019, due to downtime not through the employee's fault from March 9 to 31, 2019, the amount of accrued wages must be at least 85.23 rubles (375 rubles / 176 hours x 40 hours). In a similar situation, for an employee whose labor is paid based on an hourly tariff rate, the amount of accrued wages must be at least 88.4 rubles (2.21 rubles x 40 hours). In addition, wages for the downtime period not through the employee's fault must not be lower than two-thirds of the tariff rate established for them.
For an employee whose labor is 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 31, 2020 (12 days, 8 hours per day, total 96 hours) due to being on unpaid leave from March 2 to 13, 2020, the amount of accrued wages must be at least 204.55 rubles (375 rubles / 176 hours x 96 hours). In a similar situation, for an employee whose labor is paid based on an hourly tariff rate, the amount of accrued wages must be at least 212.16 rubles (2.21 rubles x 96 hours).
For employees who, without valid reasons, have not fulfilled their duties,
arising from legislation, local legal acts, and the employment contract, for example, including those who committed truancy or were absent from work without valid reasons for a short period, the supplement to the size of the minimum wage shall not be made.Methodological aspects: "On minimum wage" »»
Deputy
Head of the Department of Supervision
of Compliance with Labor Legislation
of the Vitebsk Regional Department
of the Department of State Labor Inspectorate G.A. Galai