of February 1, 2001 No. P-106/2001
About the dismissal wage paid according to the legislation based on the collective agreement in case of dismissal of the worker in connection with oknochaniye of the duration of the contract
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution the appeal of trade-union committee ON Belaruskali on the taxation of the dismissal wages provided by the collective agreement and paid in case of dismissal in connection with the termination of the duration of the contract with the worker who acquired pension entitlement on age or disability established the following.
By part one of Article 48 of the Labor code it is determined that the dismissal wage is paid in the cases provided by the Labor code and other acts of the legislation, the collective agreement, the agreement. In addition to the cases of dismissal wage payment established by the Labor code and other acts of the legislation, the legislation, thus, grants the right to resolve this issue at the local level - in collective agreements and agreements of the parties. In the addresses which arrived in the Constitutional Court it is specified that the collective agreement existing in ON Belaruskali provides dismissal wage payment depending on work uninterrupted length of service in consolidation in case of dismissal in connection with the termination of the duration of the contract to the workers (except part-time employees) who acquired pension entitlement on age. In practice there was question of legitimacy of the taxation of the dismissal wages provided by in addition collective agreements.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.