Равная Оплата Труда
Women and men, adults and minors have the right to equal pay for equal work, in accordance with the Constitution. The Labour Code also prohibits discrimination and requires employer to follow the principle of equality of rights and opportunities. Labour Code requires that every employee's wages depend on his or her qualifications, complexity of work executed, the amount and quality of the labour input. Any discrimination when establishing and changing the amount of wages and other terms of remuneration of employment is prohibited.
Sources: §42 of the Constitution; §11 and 14 of the Labour Code
The Constitution and the Labour Code have the prohibition of the discrimination. This rule is specified for members of trade unions and disabled people by special laws. Discrimination is the restriction of labor rights and freedoms or receiving any advantages based on gender, race, nationality, origin, language, attitude to religion, political opinion, participation or non-participation in trade unions or other public associations, property status, employment status, age, place of residence, physical or mental disabilities, as well as other circumstances not related to professional qualities and specificity of work.
Discrimination however does not include differences, exceptions, preferences and restrictions determined by requirements inherent in the nature of the work or dictated by the state’s concern for people in need of increased social and legal protection (that is positive discrimination or affirmative action is not prohibited).
Persons who consider that they have been discriminated at the workplace, may apply to the court for redress.
Sources: §22 of the Constitution; §14 of the Labour Code; §4 of the Law of the Republic of Belarus «About trade unions» 22.04.1992 №1605-XII; §4 of the Law of the Republic of Belarus «About social protection of disabled persons in the Republic of Belarus» 11.11.1991 №1224-XII
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In accordance with the Constitution, “citizens of the Republic of Belarus shall be guaranteed the right to work as the worthiest means of an individual's self-assertion, that is, the right to choose of one's profession, type of occupation and work in accordance with one's vocation, capabilities, education and vocational training, and having regard to social needs, and the right to healthy and safe working conditions”. The Constitution further states men and women have equal rights and freedoms and equal opportunities for realization of these rights. There are however some exceptions to protect health of women workers. It is prohibited to employ women for jobs with harmful and (or) dangerous working conditions and underground work, with the exception of non-physical work or work on sanitary and domestic services. The list of heavy work and work in hazardous conditions with limits for women is established by the Resolution of the Ministry of labour and social protection of the Republic of Belarus 12.06.2014 №35. It is forbidden to hire women for work involving the manual lifting and moving of the loads exceeding the maximum limits set by the Resolution Ministry of health of the Republic of Belarus 13.10.2010 №133.
Sources: §32 and 41 of the Constitution; §14 and 262 of the Labour Code; Resolution of the Ministry of labour and social protection of the Republic of Belarus «About the establishment of the list of heavy jobs and jobs with harmful and (or) dangerous working conditions, on which it is prohibited to attract women to the labor» 12.06.2014 №35; Resolution Ministry of health of the Republic of Belarus «About the norms of lifting and moving heavy objects by hand by women» 13.10.2010 №133