of November 13, 2001 No. P-130/2001
About the minimum compensations for deterioration in legal status of workers
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address of the chairman of trade-union committee ON Belaruskali about legitimacy of establishment of the minimum compensation in the amount of two-week average earnings for deterioration in legal status to the workers who reached retirement age and having the right to full pension and also the workers who did not reach the specified age, but receiving pensions.
In the address the chairman of trade-union committee ON Belaruskali specified that the resolution of Council of Ministers of the Republic of Belarus of January 6, 2000 No. 19 "About modification of some orders of the Government of the Republic of Belarus" makes additions to the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1180 "About approval of the Approximate form of the contract of the employer with the worker", providing the minimum compensation for deterioration in legal status to the workers who reached retirement age (men - 60 years, women - 55 years) and having the right to full pension, and also to the workers who did not reach the specified age, but receiving pensions (except work pensions on disability, on the occasion of loss of the supporter and social pensions), in the amount of two-week average earnings. For other workers the minimum compensation for deterioration in their legal status is established in the amount of six or three average monthly salaries depending on the dismissal basis that is, in his opinion, discrimination in relation to pensioners and contradicts articles 22 and 23 of the Constitution, article 14 of the Labor code of the Republic of Belarus (further - shopping mall).
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