RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 25, 1999 No. 1476

About approval of the Regulations on procedure and conditions of the conclusion of contracts of employers with workers

In pursuance of Item 9 of the Decree of the President of the Republic of Belarus of July 26, 1999 "About additional measures for enhancement of employment relationships, strengthening of labor and performing discipline" the Council of Ministers of the Republic of Belarus decides No. 29:

1. Approve Regulations on procedure and conditions of the conclusion of contracts of employers with workers it (is applied).

2. To the Ministry of Labour and the Ministry of Justice together with interested in a month to make in accordance with the established procedure offers on reduction of the decisions of the Government of the Republic of Belarus regulating procedure and conditions of the conclusion of contracts of employers with separate employee categories in compliance with this resolution.

3. To republican state bodies to bring the regulations into accord with this resolution in a month.

4. This resolution becomes effective since September 27, 1999.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 25, 1999 No. 1476

Regulations on procedure and conditions of the conclusion of contracts of employers with workers

1. This Provision is developed in pursuance of Item 9 of the Decree of the President of the Republic of Belarus of July 26, 1999 No. 29 and establishes general procedure and conditions of the conclusion of contracts of employers with workers (further - the parties).

2. No. 540 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 04.06.2014

3. The contract can be signed:

3.1. in case of acceptance of the worker for work;

3.2. with the worker with whom employment contract was signed sine die. At the same time change of essential working conditions - the conclusion of the contract is performed in connection with the reasonable production, organizational or economic reasons what the worker shall be in writing warned not later than one month to the conclusion of the contract about (part three of article 25 Labour Code of the Republic of Belarus, since January 1, 2000 - Article 32 of the Labor code of the Republic of Belarus).

Contracts with the expectant mothers, women having children under 3 years (handicapped children - up to 18 years) with which employment contracts were signed sine die, do not consist if they did not agree to the conclusion of such contracts.

3-1. Discussion of contents of the contract of the worker - the member of labor union is made with participation of the representative of the relevant labor union.

4. Ceased to be valid

5. The contract is signed for the term of at least one year.

The specific term of the contract is determined by agreement of the parties. At the same time in case of the conclusion of the contract with the worker with which employment contract was signed sine die prolongation or the conclusion of the new contract, except the case provided in part three of Item 12 of this provision, the duration of the contract is determined:

with the working woman being on maternity leave, mother (the child's father instead of mother, the guardian) who is on child care leave before achievement of age by it three years - before the end of at least specified leaves;

with the worker who is honesty working and not allowing violations of labor, performing and production and technological discipline who before achievement of generally established retirement age has no more than two years, - before achievement of at least specified age.

The employer with the consent of mother (the child's father instead of mother, the guardian) who got to work to or after the end of child care leave before achievement of age by it three years shall extend (to sign new) the contract for term before achievement by the child at least age of five years.

6. The contract is signed in writing in duplicate and stored at each of the parties.

7. The contract is signed by the parties. The approximate form of the contract affirms Council of Ministers of the Republic of Belarus.

8. The contract is the basis for the publication of the order (the order, the resolution):

about acceptance (appointment) of the worker for work (position);

about the conclusion of the contract with the worker with which employment contract was signed sine die.

9. The contract becomes effective from the date of its signing or other term specified in it.

10. In the contract the following conditions shall be specified as obligatory:

10.1. signature date;

10.2. place of employment;

10.3. position, profession, specialty of the worker;

10.4. duration of the contract;

10.5. the rights of the parties, including the employer's right on:

10.5.1. reduction (deprivation) of awards of all types irrespective of attraction to disciplinary responsibility for:

absence from work without reasonable excuse;

untimely accomplishment or failure to carry out of labor obligations without valid excuse;

use of state-owned property not in the office purposes;

10.5.2. reduction to the worker of leave in the corresponding year on number of days of absence or intentional non-execution of labor obligations by it more than three hours during the working day without valid excuse. At the same time leave shall be at least twenty four calendar days;

10.5.3. lowering in class (rank) for abuse of regulations of the internal labor schedule (as authority punishment) for a period of up to one year or other term, stipulated by the legislation. Lowering in class is not allowed more than on one class, and in rank (special, personal) - below than on one step;

10.6. obligations and responsibility of the parties, including:

the worker's obligation not later than one month before expiration of the contract in writing to warn the employer about the decision to continue or stop employment relationships;

the employer's obligation not later than one month before expiration of the contract in writing to warn the worker about the decision to continue or stop employment relationships on terms of the contract or the employment contract sine die (in case of observance of the requirements established by the legislation);

full financial responsibility of the worker for the damage caused through his fault to the employer by excessive money payments (except as specified calculating mistake), the wrong accounting and storage of material or cash values, their plunder, destruction;

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