of June 15, 2006 No. 125-Z
About employment of the population of the Republic of Belarus
Accepted by the House of Representatives on May 4, 2006
Approved by Council of the Republic on May 23, 2006
This Law is aimed at providing legal, economic and organizational basis of state policy in the field of assistance of employment of the population, guarantees of the state on realization of constitutional rights of citizens of the Republic of Belarus on work and social protection from unemployment.
In this Law the following basic concepts and their determinations are used:
employment – the activities of citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, foreign citizens and stateless persons to which the status of the refugee or shelter in the Republic of Belarus are provided (further, unless otherwise specified, – citizens) connected with satisfaction personal and public needs, not contradicting the legislation and bringing them the salary, remuneration for the performed work (the rendered service, creation of intellectual property items), other income (further – earnings);
unemployment – the phenomenon in economy in case of which the part of able-bodied population wishing to work at conditions of labor, civil agreements or to be engaged in business activity, activities for rendering services in the sphere of agroecotourism, craft activity cannot use the labor power;
the unemployed – the able-bodied citizen who does not have work and earnings which are registered in committee on work, employment and social protection of the Minsk city executive committee, management (department) of work, employment and social protection of city, district executive committee (further – body for work, employment and social protection) for the purpose of search of suitable work, looks for work and is ready to start it;
paid social jobs – the public work types which are carried out according to terminal employment or civil agreements, having socially useful focus and organized as additional social support of the unemployed and citizens who are looking for work;
bodies of public service of employment of the population – the Ministry of Labour and Social Protection, committees on work, employment and social protection regional, Minsk city executive committees, management (departments) of work, employment and social protection of city, district executive committees;
the workers who are under the threat of dismissal – the workers who are subject to dismissal in connection with liquidation of the organization, the termination of activities of the individual entrepreneur, or warned about reducing number or staff of workers, or working at conditions of part-time at the initiative of the employer, or being on vacation without preserving or with partial preserving the salary provided at the initiative of the employer, or not working in connection with idle time not because of the worker;
free workplace (vacancy) – the position (profession) provided by the staff list which is not replaced by the worker consisting in employment relationships with the employer based on the signed employment contract on this position (profession).
Citizens are considered as busy:
the works working according to the employment contract or performing at legal entities and individual entrepreneurs on civil agreements which subject is performance of works (rendering services, creation of intellectual property items), except for the citizens occupied on paid social jobs in the direction of bodies for work, employment and social protection;
being founders (participants, members) of legal entities, except for founders (participants) of joint-stock companies and members of non-profit organizations;
registered in the procedure established by the legislation as individual entrepreneurs;
performing activities for rendering services in the sphere of agroecotourism, craft activity;
the passing military or alternative service, and also service in law-enforcement bodies, the Investigative Committee, the State committee of judicial examinations, bodies of financial investigations of the State Control Committee, bodies and divisions on emergency situations;
the education studying in day form in the organizations of education, the organizations realizing educational programs of postgraduate education, other organizations at individual entrepreneurs who according to the legislation are granted the right to perform educational activities;
performing child care aged up to 3 years, the handicapped child aged up to 18 years, the disabled person of the I group or person who reached 80-year age and also for the child aged up to 18 years infected with human immunodeficiency virus or sick AIDS;
engaged in other activities which are not forbidden by the legislation bringing earnings.
Registration of citizens by the unemployed is performed at their place of residence by bodies for work, employment and social protection in case of the personal address. In case of registration by the unemployed the citizen shows the documents provided by legal acts.
The order of registration of citizens the unemployed and removals from accounting of the unemployed is determined by the Government of the Republic of Belarus if other is not provided by legal acts.
Busy citizens, and also citizens cannot be registered by the unemployed:
not reached 16-year age;
which according to the legislation are appointed old-age pension, for long service or professional pension;
serving sentence according to the court verdict in the form of corrective works, arrest, restriction of freedom, imprisonment or life imprisonment;
being in medical and labor dispensaries;
the submitted documents containing obviously false data on lack of work and earnings, and also other doubtful data for registration by their unemployed;
being graduates to whom the place of employment is provided by distribution (redistribution) or the direction (the subsequent direction) to work and which did not fulfill terms of obligatory work on distribution (redistribution) or in case of the direction (the subsequent direction) for work, established by the legislation on education.
The citizens who are earlier struck off the register of the unemployed on the basis provided by the paragraph the fourth parts one of article 25 of this Law in case of the appeal to bodies for work to employment and social protection can be repeatedly registered as the unemployed after the 12-month period from the date of the previous registration, and the citizens struck off the register on the bases provided by paragraphs to the fifth, sixth and eighth part one of article 25 of this Law - after the 12-month period from the date of their last removal from accounting.
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