Компенсации

Компенсация сверхурочной работы

The normal working hours are 40 hours per week. The Labour Code however provides exceptions and allows for reduced working hours for workers with disabilities I and II group (35 hours), workers engaged in harmful and hazardous working conditions (35 hours), children 14-16 years old (23 hours/11.5 hours if combines work with school/during school year), and young persons 16-18 years old (35 hours/17.5 hours if combines work with school/during school year), workers in the territory of radioactive contamination (35 hours).

The list of professions with harmful and hazardous working conditions, where workers have reduced working hours are established by Resolution of the Ministry of labour and social protection of the Republic of Belarus 07.07.2014 № 57. For certain categories of workers (teachers, doctors, etc.), reduced working hours are set by special legislation.

The amount of hours of work scheduled shifts during a working week must comply with estimated normal working hours for each calendar year, which is set by government. For 2017, estimated normal working hours are for a five-day working week (40 hours per day with Saturday and Sunday as weekends) - 2019 hours; for a six-day working week (40 hours per day with Sunday as weekends) - 2021 hours. The way of counting is available here: http://calendar.by/procal.php?year=2017.

Overtime work is the work in excess of normal hours of work. As a rule, overtime work is forbidden. Nevertheless, there are some exceptions, established by legislation. Work performed in excess of the working hours is not recognised as overtime in following cases:

  • on the initiative of the employee without an offer, order or with consent of the employer;
  • employees with part-time work within a full working day (shift), the full working week;
  • part-time employees have the same employer as well as the other employer in excess of the time the main work;
  • person who works at home.

As a rule, overtime work is allowed in the presence of worker’s consent. In connection with the following cases (mainly a state of emergency), no prior consent from employee is required:

■        prevention of disasters, industrial accidents, immediate elimination of their consequences or effects of a natural disaster, and provision of emergency medical aid;

■        removing of unforeseen circumstances that disrupt functioning of the centralized systems of water supply, gas supply, heating, lighting, sewerage, transport, communications.

Overtime work must not exceed for each employee 10 hours per week and 180 hours per year. The duration of daily work, taking into account overtime should not exceed 12 hours.
Overtime work is not permitted for:

○        pregnant women;

○        women with children under 3 years;

○        minors (under 18 years);

○        employees, who study at secondary or vocational schools for working during the lessons;

○        worker, who is exempt from overtime work in accordance with the conclusion of the medical committee;

○        other categories of workers, as specified by law.

Women with children from 3 to 14 years (disabled children - under 18) may work overtime only with their consent. Disabled persons can work overtime only with their consent, only when such activities are not prohibited by their individual rehabilitation program.

For each hour of overtime work there is the additional payment in rates: employees with piecework wages - not lower than double the piece rates; employees with hourly wages - not lower than double (200% of) the normal hourly wage rates (salaries). The specific amount of additional payments is established by acts of government (for budgetary sphere) or employment contract, act of employer (for commercial organizations).

There is additional day off without pay for overtime work with the employee's consent instead of higher wages. One day of rest is provided for eight hours of overtime. Thus, the overtime work is compensated either by an extra day of vacation or by payment of above referred higher wages.

Sources: §69, 112-114, 119-122, 124, 263, 276 of the Labour Code; Resolution of the Ministry of labour and social protection of the Republic of Belarus «Some questions of compensation for working conditions in the form of reduced working time» 07.07.2014 №57; Resolution of the Ministry of labour and social protection of the Republic of Belarus «About estimation of normal working hours for 2017» 05.10.2016 №54; Clarification on the procedure for determining the estimated norm of working time and hourly wage rate in the Republic of Belarus, approved by Decree of the Ministry of Labour of the Republic of Belarus 18.10.1999 №133

Компенсация работы в ночное время

Night work is a working time between 22:00 and 06:00. The shift is considered to be night shift, if more than 50% of the time falls between these hours.

Working time at night is reduced by one hour, except for those who are already engaged in reduced working time or work in continuous production or make a special contract for night work.

Night work is prohibited for pregnant women and minors (under 18 years). Women who have children under 3 years of age may work at night only with their consent. Disabled persons can work at night only with their consent, only when such activities are not prohibited by their individual rehabilitation program. Women with children from 3 to 14 years (disabled children - under 18) may work at night only with their consent.

Labour legislation fixes minimum increase at the level of 20% of the hourly wage rate (salary) for each hour of night work (120% of the regular hourly rate). The specific amount of additional payments is established by acts of government (for budgetary sphere) or collective agreement, act of employer (for commercial organizations).

Sources: §70, 117, 263, 276 of the Labour Code

Компенсация работы в выходные и нерабочие праздничные дни

As a rule, working on a weekly rest or public holidays is prohibited. The work during the weekend and public holidays on the proposal of the employer is permitted only with the consent of the employee or by the employee's initiative with the consent of the employer. A worker can be asked to work only 12 weekly rest days in a year.

Working on weekends and public holidays may be allowed without the permission of worker in following cases:

○        prevention of disasters, industrial accidents, immediate elimination of their consequences or effects of a natural disaster;

○        removing of unforeseen circumstances that disrupt functioning of the centralized systems of water supply, gas supply, heating, lighting, sewerage, transport, communications;

○        emergency medical aid.

For each hour of working on weekends and public holidays, there is the additional payment in rates: employees with piecework wages - not lower than double the piece rates; employees with hourly wages - not lower than double the hourly wage rates (salaries). The specific amount of additional payments is established by acts of government (for budgetary sphere) or employment contract, act of employer (for commercial organizations).

Working on a weekly rest or public holidays is not permitted for:

  • pregnant women;
  • women with children under 3 years;
  • minors (under 18 years).

Women with children from 3 to 14 years (disabled children - under 18) may work on a weekly rest or public holidays only with their consent.

There is provision for an additional day off without pay for work on weekends with the employee's consent instead of higher wages. However, if work on a public holiday was carried out over the monthly norm of working time, it can be compensated both by an extra day of vacation and higher wages.

Sources: §69, 142-145, 263, 276 of the Labour Code

Денежная компенсация работы в выходные и нерабочие праздничные дни

For each hour of work on weekends and public holidays, there is the additional payment in rates: employees with piecework wages - not lower the double piece rates; employees with hourly wages - not lower than double the hourly wage rates (salaries). The specific amount of additional payments is established by acts of government (for budgetary sphere) or employment contract, act of employer (for commercial organizations).

There is provision for an additional day off without pay for work on weekends with the employee's consent instead of higher wages. However, if work on a public holiday was carried out over the monthly norm of working time, it can be compensated both by an extra day of vacation and higher wages.

Sources: §69 of the Labour Code

Нормативное регулирование компенсаций

  • Трудовой кодекс Республики Беларусь 1999 г. (в ред. от 23.07.2015) / Labour Code of the Republic of Belarus 1999 (version 23.07.2015)
  • Постановление Министерства труда и социальной защиты Республики Беларусь «О некоторых вопросах предоставления компенсации по условиям труда в виде сокращенной продолжительности рабочего времени» от 07.07.2014 № 57 / Resolution of the Ministry of labour and social protection of the Republic of Belarus «Some questions of compensation for working conditions in the form of reduced working time» 07.07.2014 №57
  • Постановление Министерства труда и социальной защиты Республики Беларусь «Об установлении расчетной нормы рабочего времени на 2017 год» от 05.10.2016 № 54 / Resolution of the Ministry of labour and social protection of the Republic of Belarus «About estimation of normal working hours for 2017» 05.10.2016 №54
  • Порядок определения расчетной нормы рабочего времени и часовой тарифной ставки в Республике Беларусь, утв. Постановлением Министерства труда Республики Беларусь от 18.10.1999 №133 / Clarification on the procedure for determining the estimated norm of working time and hourly wage rate in the Republic of Belarus, approved by Decree of the Ministry of Labour of the Republic of Belarus 18.10.1999 №133
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