Changes in labor legislation

January 29, 2021

As of January 28, 2020, amendments and additions to the Labor Code of the Republic of Belarus have entered into force.

The adoption of these changes is aimed at expanding the social guarantees of employees.

Thus, a new provision is the granting of leave of up to 14 calendar days to fathers and stepfather upon the birth of a child in the family, if they so desire, and the employer will be obliged to grant such leave (however, unpaid, unless otherwise stipulated in the collective agreement or for trade union members). The ban on sending women with children under three years of age on business trips is lifted.

The Code now provides for the regulation of the procedure for temporary transfer, with the employee's consent, to another job, including to another employer; the severance pay has been increased to one average monthly wage upon dismissal of an employee due to the establishment of part-time work less than half of the normal working hours; a one-month notice period for the employee regarding changes in essential working conditions has been established; the possibility of working part-time full-time or shift during annual leave is also provided.

A new chapter has been included in the Labor Code, which regulates the relationship between an employee and an employer when performing work in a mobile mode, i.e., remote work. It is convenient for both parties to the labor relations. The employer does not need to equip a workplace for the employee, and the employee can perform the work assigned to him anywhere convenient for him.

Also, the Labor Code includes provisions of the current Decrees of the President of the Republic of Belarus, which define the requirements for the work of management personnel and employees of organizations and regulate the contract form of employment.

Thus, by agreement of the parties, a five-year contract with an employee who does not commit violations of production-technological, executive, and labor discipline will be extended until the expiration of its maximum term, and a new contract with such an employee will be concluded for a term of at least three years. Contracts for shorter terms will be extended and new ones will be concluded only with the written consent of the employee.

Furthermore, contractual employees now bear material liability in the same cases and under the same conditions as employees with employment contracts, i.e., only for intentional damage to property.

In connection with the amendments made to the Labor Code, in order to prevent violations of employees' labor rights, employers should study the innovations as soon as possible.

Senior Assistant Prosecutor

Gluboksky District Alexandra Yankina