LAW OF THE REPUBLIC OF BELARUS
of 14 December 1990
"ON ENTERPRISES IN THE REPUBLIC OF BELARUS"
The present Law determines general legal, economic and social principles
of organization of an enterprise in conditions of multiple forms of ownership
and of its activities in conditions of developing market relations. The
Law is aimed at securing independence of an enterprise, determines its
rights and responsibility in carrying out economic activities, regulates
relations between an enterprise and other enterprises and organizations,
Soviets of Deputies, state administrative bodies, acts in combination with
other laws of the Republic of Belarus. The present Law covers all enterprises,
located on the territory of the Republic of Belarus.
SECTION 1. General provisions
CHAPTER 1.
An enterprise and its main tasks
ARTICLE 1.
Definition of the enterprise An enterprise shall be an independent
economic entity having the rights of a legal person, which realizes its
products, carries out work, renders services through the use of its property
by its labour collective. An enterprise shall not include other legal persons.
An enterprise shall act on the principles of cost-accounting, irrespective
of its form of ownership for means of production and other property.
ARTICLE 2. Main task of an enterprise The main task of an enterprise
shall be economic activities, aimed at gaining profits so as to meet social
and economic interests of its labour collective's members and interests
of its property owner. Public needs for its products, work and services
shall be regulated by the state through economic methods.
ARTICLE 3. Types of economic activities of an enterprise An enterprise
may carry out any types of economic activities, if they are not banned
by the legislative acts of the Republic of Belarus and correspond to the
objectives, stipulated by the statute of the enterprise. Certain types
of activities, a list of which is approved by the Cabinet of Ministers
of the Republic of Belarus, may be exercised by an enterprise only on the
basis of a special permission (a license).
ARTICLE 4. Types of enterprises In accordance with the forms of ownership,
established by the Law of the Republic of Belarus "On Ownership in
the Republic of Belarus", there may be the following types of enterprises:
based on public ownership; based on collective ownership; based on private
ownership; based on joint ownership; based on mixed forms of ownership.
In the Republic of Belarus there may be other types of enterprises, the
formation of which does not contradict the legislative acts of the Republic
of Belarus.
`CHAPTER 2. Organizational and legal forms of state-owned enterprises
ARTICLE 5. A state-owned enterprise A state-owned enterprise shall
be formed by the administrative bodies of the Republic of Belarus, authorized
to manage state property, as well as through transfer of enterprises and
other property complexes from the Union subordination to the ownership
of the Republic of Belarus. Property of a state-owned enterprise shall
be owned by the Republic of Belarus and assigned to the state-owned enterprise
by the right of possession, use and disposal within the limits, established
by the property owner and the current legislative acts of the Republic
of Belarus. A state-owned enterprise shall be responsible for its obligations
within the limits of its own assets. The state and its bodies shall not
be responsible for the obligations of a state-owned enterprise. An enterprise
shall not be responsible for the obligations of the state and its bodies.
A state-owned enterprise shall be a legal person, have its own name showing
its type.
`ARTICLE 6. A communal enterprise A communal enterprise shall be formed
by a local Soviet of Deputies or its authorized local administrative bodies.
Property of a communal enterprise shall be owned by a territorial administrative
entity and assigned by the respective local Soviet of Deputies to the enterprise
by the right of possession, use and disposal within the limits, established
by the property owner and by the current legislative acts of the Republic
of Belarus. A communal enterprise shall be responsible for its obligations
within the limits of its own assets. Local Soviets of Deputies and local
administrative bodies shall not be responsible for obligations of a communal
enterprise. A communal enterprise shall not be responsible for obligations
of local administrative and management bodies. A communal enterprise shall
be a legal person, have its own name showing its type.
`
CHAPTER 3. Amalgamation of enterprises
ARTICLE 7. Types of amalgamations Enterprises may amalgamate (unite),
on a voluntary basis, into unions, economic associations, concerns and
other amalgamations on industrial, territorial or other principles for
the purpose of coordinating their activities, securing the protection of
their rights, representing common interests in relevant governmental and
other bodies, as well as in international organizations. By an agreed decision
such amalgamation may be charged to exercise centralized implementation
of certain production, economic and other functions. Amalgamations of enterprises
may be also set up by decision of the owner or a body authorized by him.
The rights to administer the constituent enterprises may be delegated to
the amalgamation of this kind. Keeping of the management body of the amalgamation
is exercised on terms ed by owner. Article 7 was supplemented after part
1 by a new part according to the Law N 2131 of 27th of January 1993 ( Surpreme
Soviet of the Republic of Belarus's News, 1993, N.8, page 49). Such structures
shall be formed with due account of anti-monopoly requirements, established
by relevant legislative acts of the Republic of Belarus.
ARTICLE 8. Statute of an amalgamation. Rights of enterprises, constituting
an amalgamation. An amalgamation shall act on the basis of its statute,
adopted by its founders. Enterprises, constituting organizational structures,
mentioned in Article 7 of this Law, shall retain their independence and
rights of a legal person, and shall be subjected to the present Law.
`ARTICLE 9. Registration of an amalgamation An amalgamation shall be
registered according to the procedures, stipulated by the present Law for
the enterprise. An amalgamation shall be a legal person, have its current
and other accounts in bank institutions, and a seal with its name.`
ARTICLE 10. Splitting of responsibilities of an amalgamation and its
constituent enterprises An amalgamation shall not be responsible for obligations
of its constituent enterprises, while the enterprises shall not be responsible
for obligations of the amalgamation, unless the statute or the organizing
agreement states otherwise. `
ARTICLE 11. Withdrawal of an enterprise from an amalgamation Enterprises,
constituting an amalgamation, shall have the right to withdraw from it
on a decision, taken by its labour collective, retaining at the same time
its liabilities to the enterprises, constituting the amalgamation, in accordance
with the agreements concluded.`
`ARTICLE 12. Liquidation of an amalgamation An amalgamation shall be
liquidated on a decision, taken by its constituent enterprises. An amalgamation
shall be liquidated in accordance with the procedures, established for
liquidation of an enterprise. Property, left after the liquidation of an
amalgamation, shall be distributed among its participants in accordance
with the statute of the amalgamation.
CHAPTER 4. Laws on an enterprise
ARTICLE 13. Laws on an enterprise An enterprise shall act according
to the present Law and other laws of the Republic of Belarus. Legal status
of some types of economic societies and partnerships, which may include
enterprises, shall be determined by legislative acts on economic societies
and partnerships. Relations, which are not regulated by the laws of the
Republic of Belarus, may be regulated by the laws of the USSR.
ARTICLE 14. Specific applications of the present Law to some types
of enterprises Specific application of the present Law to some types of
enterprises, whose activities are connected with higher work organization
and safety requirements, continuous technological processes, and the necessity
of centralizing managerial functions, as well as a list of such enterprises
shall be determined by the Cabinet of Ministers of the Republic of Belarus.
`
ARTICLE 15. Specific aspects of formation and operation of joint ventures
Specific aspects of formation and operation of joint ventures, involving
physical and legal persons of the Republic of Belarus, other Soviet Union
republics and foreign states, shall be established by the laws of the Republic
of Belarus.`
`SECTION 2. `
Formation of an enterprise and the procedures for its registration
CHAPTER 5. General terms and conditions for forming an enterprise
ARTICLE 16. Procedures for forming an enterprise An enterprise may
be formed on a decision, taken by a property owner (owners) or a body,
duly authorized by it (them), or by an enterprise an organization when
and as specified by the present Law and other legislative acts of the Republic
of Belarus. An enterprise may also be formed as a result of a breakdown
in accordance with the anti-monopoly laws.
ARTICLE 17. Formation of an enterprise, when a structural unit withdraws
from an acting enterprise An enterprise may be formed as a result of withdrawal
from an acting enterprise of one or several structural units with consent
of the property owner or a body duly authorized by it.
ARTICLE 18. Formation of an enterprise on the basis of a structural
unit of an amalgamation An enterprise may be formed on the basis of a structural
unit of an amalgamation with consent of the property owner or a body duly
authorized by it
ARTICLE 19. A founder of an enterprise A founder of an enterprise may
be the state represented by relevant bodies, a physical or a legal person,
a group of physical and/or legal persons. The procedures of enterprise
formation by state governmental bodies are determined by the current laws
of the Republic of Belarus Article 19 contains alterations according to
the law of April, 23, 1992 N.1620 ( the Surpreme Soviet of the Repuslic
of Belarus's News, 1992, N.19, page 302) A founder of an enterprise may
be the state represented by the relevant bodies, Council of Deputies, workers
of the enterprise, a physical or a legal person, an association of physical
and legal persons, as well as foreign physical and legal persons. An enterprise
may be set up by one or several founders.
ARTICLE 20. Statute of an enterprise An enterprise shall act according
to its statute. The statute shall be approved by the property owner or
a body duly authorized by it. The statute of an enterprise shall include
the name of the property owner, the name and the type of the enterprise,
its location, objectives of its activities, a list of its managerial bodies
and their competence, the way of forming property of the enterprise and
terms and conditions of disposing of this property, the way of allocation
of its profits (incomes), terms and conditions of its reorganization and
liquidation. The statute may also include other provisions that do not
contradict the law and are connected with specific aspects of activities
of the enterprise.
ARTICLE 21. Formation of subsidiaries and isolated units of an enterprise
With the consent of the property owner or a body authorized by it an enterprise
shall have the right to form subsidiaries with the right of a legal person
by transferring to them part of its property for possessing, using and
disposing within the limits, established by the owner of the property or
a body duly authorized by it and by current legislative acts of the Republic
of Belarus. A founder shall not be responsible for the obligations of its
subsidiaries, while subsidiaries shall not be responsible for the obligations
of their founder, unless the enterprise foundation documents envisage otherwise.
An enterprise shall have the right to form its affiliates, representations,
branches and other isolated units with the right to open relevant accounts,
and shall adopt their statutes.
ARTICLE 22. Settling the question of location of subsidiaries and isolated
units an enterprise The question of location of subsidiaries and isolated
units of an enterprise shall be settled with relevant local Soviets of
People's Deputies according to the procedures, established for the formation
of an enterprise.
ARTICLE 23. Allotment of land and other natural resources for the formation
and operation of an enterprise In cases, when a plot of land or other natural
resources are needed for the formation and operation of an enterprise,
a permit for their use shall be issued by a relevant Soviet of People's
Deputies, provided there is a positive ecological expertise conclusion;
and in special cases, envisaged by the legislative acts, - by a primary
natural resources user, too. A refusal to allot a plot of land and other
natural resources may be appealed against according to the procedures,
stipulated by the legislative acts of the Republic of Belarus.
ARTICLE 24. Acquisition of the rights of a legal person by an enterprise
An enterprise shall be considered as having been formed and acquires the
rights of a legal person as of the day of its registration by the state.
CHAPTER 6. State registration of an enterprise
ARTICLE 25. State registration of an enterprise State registration
of an enterprise shall be made by local executive and managing bodies at
the place, where the enterprise is located, unless the legislative acts
of the Republic of Belarus state otherwise. Data of state registration
of the enterprise shall be submitted by a registering body, within a ten-day
period, to the Ministry of Finance of the Republic of Belarus and to the
State Committee of the Republic of Belarus on Statistics and Analysis,
so that they are included into the state Registers of the Republic of Belarus.
It shall not be allowed for an enterprise, that is not registered, to carry
out its activities. Incomes, received from activities of an unregistered
enterprise, shall be recovered in a court or a state arbitration and directed
to a local budget.
ARTICLE 26. Documents, required for state registration To arrange for
the state registration of an enterprise, it shall be necessary to submit
to the local executive and managing body the decision on its formation,
its statute and other documents according to the list, which is determined
by the Council of Ministers of the Republic of Belarus.
ARTICLE 27. The term for state registration State registration of an
enterprise shall not be made later than 30 days after an application and
all the necessary documents have been submitted to the local executive
and managing body . An applicant shall be informed in a written form of
a decision taken within a five-day period. The keeper of the register shall
make public the fact of the registration of the enterprise in the official
press.
ARTICLE 28. Re-registration of an enterprise An enterprise shall be
re-registered, when it is sold, leased or transferred in another way, as
envisaged by the law, to the state, other physical or legal persons, or
when the founding documents of an enterprise are emended or appended. When
an enterprise is re-registered, the same rules shall be applied as in the
case of its registration. Alterations and appendixes in the founding documents
of an enterprise shall be registered according tj the procedures determined
by the Cabinet of Ministers of the Republic of Belarus.
ARTICLE 29. Motives for refusing state registration Refusal to provide
state registration for an enterprise may be motivated by a violation of
the procedures, established by the legislative acts of the Republic of
Belarus for the formation of an enterprise, discrepancies between the founding
acts (documents) and the demands, envisaged by the legislation, or by the
absence of a positive conclusion on the part of a relevant ecological expertise.
It shall not be allowed to refuse state registration for an enterprise
by the motive of its inexpediency.
ARTICLE 30. Appealing against a refusal for state registration If state
registration of an enterprise has not been made within the established
period of time, or it was refused by a motive, which the founder of the
enterprise thinks unfounded, it may appeal to a court or the State arbitration.
ARTICLE 31. Fees for state registration The founder of an enterprise
shall pay state registration fees, the amount of which is established by
the legislation of the Republic of Belarus. The sums received shall be
transferred by the local executive and managing body Deputies to the budget
of a region, a city (a town), a district in a city (a town), where the
enterprise is registered.
ARTICLE 32. Licensing of activities To carry out the activities, which
are subjected to licensing, an enterprise shall acquire the necessary license
according to the procedures, established by the Cabinet of Ministers of
the Republic of Belarus.
SECTION 3. Property of an enterprise CHAPTER 7. Terms and conditions
of the formation and use of property
ARTICLE 33. Property of an enterprise Property of an enterprise shall
be composed of its fixed and current assets, as well as of other valuables,
whose cost is reflected in a separate balance sheet of the enterprise.
ARTICLE 34. Property rights of an enterprise According to the legislative
acts of the Republic of Belarus and the statute of an enterprise its property
may belong to it by the right of ownership, or by the right of possessing,
using and disposing within the limits, established by the property owner
or a body authorized by it and the current legislative acts of the Republic
of Belarus.
ARTICLE 35. Sources for forming the property of an enterprise Sources
for forming the property of an enterprise shall be: pecuniary and material
contributions of its founders; incomes, received from realization of products,
work, services, as well as from other types of economic activities; incomes
from securities; credits of banks and other creditors; capital investment
and subsidies from budgets; gratuitous or charitable contributions, donations
from organizations, enterprises and physical persons; other sources, which
are not banned by the legislative acts of the Republic of Belarus.
ARTICLE 36. Drawing in means of legal and physical persons by an enterprise
An enterprise shall have the right to issue and realize securities, so
as to draw in additional means for expansion and improvement of production
and for social development of its labour collective. The procedures for
issuing and realizing securities by an enterprise, types of securities
and rights of their holders shall be determined by the legislation of the
Republic of Belarus.
ARTICLE 37. Rights of an enterprise to dispose of the property An enterprise
shall have the right to sell and transfer to other enterprises, organizations
and institutions, exchange, lease, lend free for temporary use buildings,
installations, equipment, transport means, tools, raw materials and other
material valuables, as well as to write them off their balance sheet, unless
the legislation of the Republic of Belarus or the statute of the enterprise
state otherwise. An enterprise shall have the right, unless the statute
states otherwise, to sell, lease to the citizens means of production and
other material valuables, except those, which cannot be owned or used by
them in accordance with the legislative acts of the Republic of Belarus.
The state property shall be evaluated in accordance with the procedures
established by the legislation of the Republic of Belarus. A state-owned
enterprise can gratuitously transfer and provide its property to the citizens,
labour collectives and enterprises of other forms of ownership, if the
owner of the property or a body, authorized by him, has given a permission,
unless the legislation of the Republic of Belarus states otherwise. In
case an enterprise violates the procedures for the transfer, provision,
exchange or sale of the property, the above transactions can be recognized
by the court invalid.
CHAPTER 8. Possession and use of natural resources
ARTICLE 38. Procedures for the possession and use of natural resources
An enterprise shall possess and use land and other natural resources with
payment according to the established procedures, and in special cases,
envisaged by the legislative acts of the Republic of Belarus, on favorable
terms or without payment.
ARTICLE 39. Responsibility of an enterprise for taking nature protection
measures An enterprise shall be obliged to take timely nature protection
measures, aimed at reducing and compensating unfavorable effects of its
production processes on the natural sphere. Such measures shall be financed
from its own resources or other sources.
ARTICLE 40. Responsibility of an enterprise for irrational use of natural
resources An enterprise shall be responsible for non-observance of requirements
and norms of rational use, rehabilitation and protection of lands, waters,
subsoil, forests, other natural resources, as well as shall compensate
for the damage, caused by its activities.
CHAPTER 9. Guarantees of the property rights of an enterprise
ARTICLE 41. Guarantees of the property rights of an enterprise The
state shall guarantee the protection of the property rights of an enterprise.
The state shall not expropriate from an enterprise its fixed and current
assets or property, used by the enterprise, except in the cases, envisaged
by the legislative acts of the Republic of Belarus.
ARTICLE 42. Compensation of losses, caused to an enterprise by a violation
of its property rights Losses, that have been caused to an enterprise as
a result of a violation of its property rights by physical and legal persons,
as well as by state bodies, shall be compensated to the enterprise on a
decision of a court or the state arbitration.
SECTION 4.
Managing an enterprise
CHAPTER 10. General principles for managing an enterprise
ARTICLE 43. Managing an enterprise An enterprise shall be managed in
accordance with the current legislation and its statute on the basis of
combined rights and interests of its labour collective and of its property
owner. The enterprise shall independently determine its management structure
and personnel, and establish management expenses. A property owner shall
exercise its rights for managing the enterprise directly or through the
bodies, authorized by it. A property owner or the bodies, authorized by
it, may fully or partially delegate these rights to the managerial body
of the enterprise (a council, a board, etc.), envisaged in its statute.
Specific aspects of management of enterprises of certain types shall be
regulated by relevant legislative acts of the Republic of Belarus.
ARTICLE 44. Hiring (appointing, electing) the head of an enterprise
The right to hire (appoint, elect) the head of an enterprise shall belong
to its property owner, which realizes this right directly or through the
bodies, authorized by it, or through a board of management of the enterprise,
or through other bodies, which have been delegated the rights to manage
the enterprise.
ARTICLE 45. Procedures for solving socioeconomical issues Solutions
on socioeconomical issues, related to the activities of an enterprise,
shall be worked out and adopted by its managerial bodies with the participation
of its labour collective or the bodies, authorized by it.
CHAPTER 11. The labour collective of an enterprise, its powers
ARTICLE 46. The labour collective of an enterprise The labour collective
of an enterprise shall be composed of all citizens, who participate in
its activities by their work on the basis of a labour contract (agreement),
as well as of other forms, that regulate labour relations between a worker
and an enterprise.
ARTICLE 47. Powers of a labour collective The labour collective shall
solve the questions, related to: buying out property of the enterprise;
concluding a labour contract with the management of the enterprise; examination
of the draft contract and authorization of its trade-union committee or
other trade-union bodies to sign it on behalf of the labour collective;
election (recalling) of its representatives to (from) a board of the enterprise;
hears reports on their activities; other issues of self-management of the
labour collective in accordance with the statute of the enterprise. The
main form for exercising powers of the labour collective shall be its general
meeting (conference).
CHAPTER 12. A labour contract
ARTICLE 48. Conclusion of a labour contract The conclusion, fulfilment
and cancellation of the labour contract is exercised according to legislation.
A labour contract shall be concluded at all types of enterprises and should
not contradict the current legislation.
ARTICLE 49. Issues, regulated by a labour contract A labour contract
shall regulate production and labour relations at an enterprise, including
issues of labour protection, social development of the collective and health
of its members.
ARTICLE 50. Settlement of differences arising while concluding or executing
a lobour contract. If differences arise when concluding or executing a
labour contract, they shall be settled according to the procedures, established
by the legislative acts of the Republic of Belarus.
CHAPTER 13. Board of management of an enterprise
ARTICLE 51. Setting-up a board of management of an enterprise The board
of management of anenterprise shall be formed according to the statute
of the enterprise. The board of management of an enterprise shall be composed
of equal numbers of representatives, appointed by the owner of the property
of the enterprise or a body authorized by it and elected by its labour
collective respectively, unless the statute of the enterprise states otherwise.
The number of members of the board of management of an enterprise shall
be determined by its statute. The board of management of an enterprise
shall be set up for a time period, specified in its statute.
ARTICLE 52. Employment guarantees for members of the board of management
of an enterprise Members of the board of management of an enterprise, elected
to it from the labour collective, during the time of their powers can not
be (at the initiative of the administration) dismissed from the enterprise,
or demoted in rank (salary), or transferred to a lower paid job without
the consent of the general meeting (conference) of the labour collective,
which elected them.
ARTICLE 53. Powers of the board of management of an enterprise The
board of management of an enterprise shall: determine the general guide-line
for socioeconomic development of the enterprise; determine procedures for
the distribution of its net profit; on the advice of the head of the enterprise
take decisions on issuing securities of the enterprise, as well as on buying
securities of other enterprises and organizations; solve questions of the
formation and liquidation of subsidiaries and other isolated units of the
enterprise, of joining and leaving associations and amalgamations; take
decisions, related to basic issues of foreign economic activities of the
enterprise; examine disputes between the administration and the labour
collective of the enterprise, and take measures for solving them; solve
other issues, envisaged by the statute of the enterprise. The board of
management of an enterprise shall solve issues within its competence at
its sittings. It shall not be allowed for the board of management to interfere
in administrative actions, taken by the administration. The statute of
an enterprise shall regulate rules of decision-making for the board of
management.
ARTICLE 54. Chairman of the board of management of an enterprise. The
chairman of the board of management of an enterprise shall be elected at
a sitting of the board of management from its members by an open or a secret
ballot.
CHAPTER 14. Head of an enterprise
ARTICLE 55. Procedures and terms of hiring (appointing, electing) a
head. According to legislation in force the head of an enterprise shall
sign at least a two-year contract (agreement), which specifies his rights,
duties and responsibilities and conditions of his maintenance (remuneration)
and removal from his position with due account of guarantees, envisaged
by the current laws.
ARTICLE 56. Powers of the head of an enterprise The head of an enterprise
shall solve independently all issues of enterprise's activities except
those, which this Law and the statute of the enterprise refer to the competence
of the property owner or a body authorized by it, the general meeting (conference)
of the labour collective and the board of management of the enterprise.
The head of an enterprise, without a power of attorney, shall act on behalf
of the enterprise, represent its interests at all enterprises, institutions
and organizations, dispose of the property and means (resources) of the
enterprise within the rights established by the property owner or a body
authorized by it, conclude contracts including labour contracts, issue
warrants, open current and other accounts in banks, approve management
executives, issue orders and give instructions, that are compulsory for
all workers of the enterprise.
ARTICLE 57. Dismissal of the head of an enterprise from his position
The head of an enterprise may be dismissed from his post before expiration
of a contract (agreement) on the grounds, envisaged by the contract (agreement)
or the current laws.
CHAPTER 15. Deputy heads of an enterprise, heads of its structural
units
ARTICLE 58. Procedures for appointing deputy heads of an enterprise,
and heads of its structural units The head of an enterprise shall appoint
and remove his deputies, heads of managerial units and structural units
(production sections, shops, departments, branches, bays, farms, other
analogous units of the enterprise, or a structural unit of an amalgamation),
as well as foremen and senior foremen. In certain cases, related to the
specific character of an enterprise, its statute may envisage other procedures
for appointing deputy heads of the enterprise, heads of its structural
units.
ARTICLE 59. Procedures for electing team-leaders Team-leaders shall
be elected at the meetings of team-members (by a secrete or an open ballot)
and approved by the head of the unit, which includes these teams. In certain
cases, related to the specific character of an enterprise, its statute
may envisage other procedures for appointing team-leaders.
ARTICLE 60. Binding character of the decisions of deputy heads of enterprises,
and those of heads of units Decisions, taken by deputy heads of an enterprise,
heads of its structural units, or by foremen or team-leaders, shall be
binding for all their subordinates.
SECTION 5.
Economic and social activities of an enterprise
CHAPTER 16. Profit of an enterprise
ARTICLE 61. Profit of an enterprise Profit shall represent the main
summary indicator of financial results of economic activities for enterprises
of all types.
ARTICLE 62. Net profit and ways of its use Profit, which is left for
an enterprise after taxes and other payments to the budget have been paid
(net profit), shall be fully put at the disposal of the enterprise. An
enterprise shall independently determine ways of use of its net profit,
unless the statute envisages otherwise. The state shall influence the choice
of the ways of use of the net profit through taxes, tax privileges and
economic sanctions.
ARTICLE 63. Transfer of part of the net profit to the ownership of
the enterprise labour collective members. In cases, which are envisaged
by the legislative acts of the Republic of Belarus and the statute of the
enterprise, part of the net profit shall be transferred to the ownership
of the members of the enterprise labour collective. The amount of this
profit and ways for its distribution shall be determined by the board of
management of the enterprise. The sum of the profit, which belongs to a
member of the labour collective, shall constitute his (her) share. For
this share a member of the labour collective may receive shares (stocks).
An enterprise shall annually pay to a member of its labour collective his
per cent (dividends) in the amount and according to the procedures, determined
by the statute of the enterprise. A member of the labour collective shall
have the right to receive the amount of his share (value of shares) according
to the procedures and within the period, determined by the statute of the
enterprise.
CHAPTER 17. Labour incomes of a worker of an enterprise
ARTICLE 64. Labour incomes of a worker of an enterprise Labour incomes
of each worker of an enterprise, irrespective of its type, shall be determined
by his (her) own labour contribution with due account of the final results
of the enterprise's operation regulated by taxes and shall have no upper
limits.
ARTICLE 65. Minimum amount of remuneration of workers The minimum amount
of remuneration of workers of all types of enterprises shall be established
by the legislative acts of the Republic of Belarus.
ARTICLE 66. Forms, systems and amount of labour remuneration Enterprises
shall independently establish forms, systems and the amount of labour remuneration,
as well as other types of incomes of its workers. Enterprises may use state-imposed
tariffs and salaries as a reference for differentiating remuneration of
labour depending on a trade, skills, complexity and conditions of work.
CHAPTER 18. Planning the activities of an enterprise
ARTICLE 67. Basic principles of planning An enterprise shall independently
plan its activities and determine development prospects, proceeding from
the demand for its products, work and services and from the necessity of
production and social development of the enterprise and of increasing personal
incomes of its workers. Its plans shall be based on contracts, concluded
with consumers (buyers) of its products, work, services, and suppliers
of logistic resources.
ARTICLE 68. Fulfillment of work and provision of supplies for state
needs An enterprise shall fulfil work and provide supplies for state needs
on the contractual basis according to the procedures, stipulated by the
legislative acts of the Republic of Belarus.
SEE PART 2 FOR CONTINUE
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