SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 22, 2000 No. P-102/2000

About procedure for provision and summing of labor leaves

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., judges Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus numerous addresses of citizens and the organizations about procedure for provision and summing of labor leaves, having analyzed the Constitution and the legislation on work, established the following.

1. According to article 43 of the Constitution of the Republic of Belarus workers have right to rest. For working on hiring this right it is provided, in particular, with provision of annual paid leaves.

In the Constitution of the Republic of Belarus are not established the minimum and maximum duration of annual leave. The detailed regulation of procedure, duration and conditions of provision of leaves is performed by the legislation on work. According to the International Labor Organization Convention No. 132 "About paid leaves" leave cannot constitute less than three business weeks in one year of work at all.

The labor code of the Republic of Belarus provides two types of the main labor leaves:

- main minimum leave lasting at least 21 calendar day (Article 155);

- the main extended leave for separate employee categories depending on age, the state of health, nature and specifics of work, labor functions and other circumstances differentially from 28 to 56 calendar days (Article 156).

In the Labor code also four types of additional vacations are established:

- for work with harmful working conditions from 7 to 41 calendar days (Article 157);

- for irregular working hours up to 14 calendar days (Article 158);

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