of July 26, 1999 No. 296-Z
Accepted by the House of Representatives on June 8, 1999
Approved by Council of the Republic on June 30, 1999
For the purposes of of this Code the following main terms and their determinations are applied:
the employee's position - sort of labor activity according to the official position, job responsibilities determined based on the Single job evaluation catalog of positions of employees or other acts of the legislation;
the legislation on work - set of the regulatory legal acts governing the public relations in the sphere of the employment and related relationships;
qualification - the recognition of the mastered knowledge, abilities and the got experience necessary for implementation of labor activity confirmed with the document types established by the legislation;
the contract - the terminal employment contract signed in writing for the term determined in it for performance of work and containing features of regulation of employment relationships between the employer and the worker;
local legal acts - the collective agreements, agreements, employment policies and procedures and other acts adopted in accordance with the established procedure governing the employment and related relations at the specific employer;
separate division of the organization - branch, representation, the structural division of the organization located out of the place of its stay or in the place of its stay for which for making of transactions by the organization the current (settlement) bank account with provision of the right to dispose of money on the account to officials of these separate divisions based on the power of attorney is opened;
consolidation of employers - the non-profit organization uniting on the basis of voluntary membership of employers for representation and protection of their rights and legitimate interests in the social and labor sphere;
the single parent - mother (father) who is not married (not married) (bringing up) the minor child in case other parent died, is deprived of the parent rights, recognized as incapacitated, declared the dead or is acknowledged is unknown absent; the mother who is not married and bringing up the minor child, data on whose father are entered in the birth statement of the child on its instruction or for specifying of other person who submitted the application for registration of the birth; the adoptive father (adopter) who is not married and bringing up the minor child;
labor union (labor union) - the voluntary public organization uniting citizens, including students in the organizations of professional, secondary vocational, higher education connected by common interests by the nature of activities both in production and in non-productive spheres for protection of the labor, social and economic rights and interests;
the worker's profession - the sort of labor activity requiring knowledge and skills of certain set of the works regulated by the Single wage rate book of works and professions of workers;
the parties of the employment contract - the employer and the worker;
the tariff charge (tariff salary) - the minimum wage of the worker for execution of labor obligations for unit of time (hour, month) without other payments established by wages system;
labor function - work on one or several positions of employees (professions of workers) with indication of qualification according to the staff list, the official (working) instruction, process charts and other documents;
the employment contract - the agreement between the worker and the employer according to whom the worker shall perform work on certain one or several positions of employees (professions of workers) of the corresponding qualification according to the staff list and to observe the internal labor schedule, and the employer shall provide to the worker the work caused by the employment contract, provide working conditions, stipulated by the legislation about work, with local legal acts and the agreement of the parties, to timely pay to the worker the salary;
the authorized officer of the employer - the head (his deputies) of the organization (its separate division), the head of the structural unit (his deputies), other worker who by the employer are granted the right to make all or separate decisions following from the employment and related relationships or the other person to whom such right is granted by the legislation.
Values of other terms applied in this Code are determined in the relevant articles of this Code.
The main objectives of the Labor code are:
1) regulation of the employment and related relationships;
2) development of social partnership between employers (their associations), workers (their associations) and state bodies;
3) establishment and protection of the mutual rights and obligations of workers and employers.
The labor code is applied to all workers and employers who signed the employment contract in the territory of the Republic of Belarus if other is not established by acts of the legislation or international treaties of the Republic of Belarus.
The labor code governs the employment relationships based on the employment contract and also the relations connected with:
1) professional training of workers on production;
2) activities of labor unions and associations of employers;
3) conducting collective bargainings;
4) relations between workers (their representatives) and employers;
6) supervision of compliance with law about work;
7) national social insurance;
8) consideration of employment disputes.
The employment and related relations based on membership (participation) in the organizations of any forms of business are regulated by this Code and other legislation on work. Other (except for the regulations worsening situation of members (participants) of the organizations in comparison with the legislation on work) can be established in constituent documents and local legal acts of these organizations.
The labor code is applied to the employment and related relationships of separate employee categories in the cases and limits provided by the special legal acts determining their legal status.
Do not fall under action of this Code of the relation concerning implementation:
1) obligations of members of supervisory and other boards (boards), and also control facilities of the organizations if these activities are not beyond execution of the corresponding orders;
2) the obligations evolving from the agreements provided by the civil legislation;
3) other types of activity according to the legislation.
Sources of regulation of the employment and related relationships are:
1) Constitution of the Republic of Belarus;
2) this Code and other acts of the legislation on work;
3) the collective agreements, agreements and other local legal acts concluded and accepted according to the legislation;
4) employment contracts.
The local legal acts containing the conditions worsening situation of workers in comparison with the legislation on work are invalid.
The employer has the right to establish additional labor and other guarantees for workers in comparison with the legislation on work.
In case of contradiction of regulations of the legislation on work of equal legal force the regulation containing more preferential terms for workers is applied.
The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation on work.
If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Code then are applied rules of the international treaty.
The legislation on work has no retroactive force and is applied to the relations which arose after its introduction in force if other is not provided by this legislation.
On the relations which arose before entry into force of acts of the legislation on work they are applied to the rights and obligations which arose after their introduction in force.
The current of terms which contact origin, change or the termination of employment relationships begins next day after calendar date which determines their beginning if this Code does not provide other.
Terms are estimated in the calendar periods.
The terms estimated for years, months, weeks expire in the corresponding number of the last year, month or week of term.
If the last day of term falls on non-working day, then the working day following it is considered day of the termination of term.
Workers have the right on:
1) work as the most worthy method of self-affirmation of the person that means the right to choice of profession, occupation and work according to calling, capabilities, education, professional training and taking into account public requirements, and also on healthy and safe working conditions;
2) protection of the economic and social rights and interests, including the right to consolidation in labor unions, the conclusion of collective agreements, agreements and the right to strike;
3) participation in meetings;
4) participation in management of the organization;
5) the guaranteed fair share of remuneration for work according to its quantity, quality and social significance, but is not lower than the level, providing to workers and their families free and worthy existence;
6) daily and weekly rest, including the days off during public holidays and holidays (Article part one 147), and leaves by duration are not lower established by this Code;
8) non-interference to private life and respect of personal advantage;
9) judicial and other protection of labor rights.
The employer has the right:
1) to conclude and dissolve employment contracts with workers according to the procedure and on the bases established by this Code and legal acts;
2) to enter collective bargainings and to sign collective agreements and agreements;
3) to create and enter associations of employers;
4) to encourage workers;
5) to demand from workers of accomplishment of conditions of the employment contract and employment policies and procedures;
6) to involve workers to disciplinary and financial responsibility according to the procedure, established by this Code;
7) to take a legal action for protection of the rights.
Forced labor is forbidden.
Forced labor the work demanded from the worker under the threat of application of any violent impact including in quality is considered:
1) means of political impact or education or as punishment measure for availability or expression of the political views or ideological beliefs opposite to the installed political, social or economic system;
2) method of mobilization and use of labor power for needs of economic development;
3) means of maintenance of labor discipline;
4) means of punishment for participation in strikes.
It is not considered forced labor:
1) the work performed owing to the court decree which took legal effect;
2) work which accomplishment is caused by the legislation on military service, on alternative service or force majeure.
Discrimination, that is restriction in labor rights or receipt of any benefits depending on floor, race, national and social origin, language, religious or political convictions, participation or nonparticipation in labor unions or other public associations, property or official position, age, the residence, the shortcomings of physical or mental nature which are not interfering execution of the corresponding labor obligations, other circumstances which are not connected with business qualities and which are not caused by specifics of labor function of the worker is forbidden.
Discrimination conditions of collective agreements, agreements are invalid.
Any distinctions, exceptions, preferences and restrictions are not considered as discrimination:
1) based on requirements peculiar to this work;
2) the caused need of special care of the state of persons needing the raised social and legal protection (the women, minors, disabled people, persons who were affected by catastrophic crash on the Chernobyl NPP, etc.).
Persons considering that they underwent to discrimination in the sphere of employment relationships had the right to take a legal action with the corresponding statement for discrimination elimination.
The statistics of work will be organized according to the legislation, conventions and recommendations of the International Labour Organization.
Primary statistical data about the average salary in the organizations of any forms of business are not confidential.
The unreasonable refusal in execution of an employment agreement with citizens is forbidden:
1) directed to work with committee on work, employment and social protection of the Minsk city executive committee, managements (departments) of work, employment and social protection of city, district executive committees (further – bodies for work, employment and social protection) on account of armor, and also with persons obliged to refund the expenses spent by the state for content of the children who are on the state providing and directed bodies for work, employment and social protection in the organizations included in the list of the organizations irrespective of patterns of ownership for employment of such persons determined in the procedure established by the legislation;
2) in writing invited to work according to the procedure of the translation from one employer to another in coordination between them, within one month from the date of issue of the invitation letter if the parties did not agree about other;
3) arrived on job placement after completion of training in public institution of education, the organization realizing educational programs of postgraduate education;
4) having the right to execution of an employment agreement based on the collective agreement, the agreement;
5) arrived to work on distribution after completion of training in public institution of education;
6) women based on, connected with pregnancy or availability of children under three years, and to the single parent – with the child's availability aged up to fourteen years (the handicapped child – up to eighteen years);
7) the military personnel of compulsory military service dismissed from Armed Forces of the Republic of Belarus, other troops and military forming and directed to work on account of armor for provision of the first workplace or going to work besides to the employer to the employee's position (the worker's profession), equivalent occupied before conscription;
8) dismissed from alternative service and directed to work on account of armor for provision of the first workplace or going to work besides to the employer to the employee's position (the worker's profession), equivalent occupied to the direction on alternative service;
9) the being graduates of organizations of education who got professional, secondary vocational, higher education belonging to the categories of orphan children and children without parental support, persons from among orphan children and children without parental support, persons with the features of psychophysical development employed on account of armor.
In the cases provided by part one of this Article upon the demand of the citizen or specially authorized state body the employer shall inform them on motives of refusal in writing no later than three days after the address.
The refusal in execution of an employment agreement can be appealed in court.
Employment contracts can be signed on:
If in the employment contract the term of its action is not stipulated, the employment contract is considered the prisoner sine die.
The terminal employment contract, except for the contract, consists in cases when employment relationships cannot be established sine die taking into account nature of the forthcoming work or conditions of its accomplishment:
1) for the period of accomplishment of certain work when time of completion of work cannot be determined precisely;
2) for the period of fulfillment of duties of temporarily absent worker behind which according to this Code remain place of employment, the employee's position (the worker's profession);
5) with persons accepted to the employee's position (the worker's profession) which was held by the young specialist, young working (employee) to his appeal on military service, the directions on alternative service, for such service and within three months after its termination;
6) with the head, the deputy manager and the chief accountant of the organization for holding the procedures established by the legislation and (or) the constituent document of the organization for appointment to the corresponding position of the employee;
8) in other cases established by this Code or other legal acts.
By agreement of the parties the terminal employment contract can be signed:
1) with persons employed as the lawyer performing lawyer activities individually, the notary performing notarial activities in notarial bureau, the physical person performing activities for rendering services in the sphere of agroecotourism, the individual entrepreneur in the microorganization;
The contract is signed according to the procedure and on the conditions provided by this Code.
The employment contract is signed in writing, constituted in duplicate. Each page of the employment contract and appendices to it is numbered and signed by the worker and the employer or the official authorized by it. One copy of the employment contract is transferred to the worker, another is stored at the employer.
The approximate form of the employment contract affirms the Government of the Republic of Belarus or the body authorized by it.
Content and conditions of the employment contract are determined by the agreement of the parties with observance of the requirements provided by this Code.
1) data on the worker and the employer, signed the employment contract;
2) place of employment with indication of structural division in which the worker is employed;
3) labor function. At the same time the name of position of the employee (the worker's profession) shall correspond to the job evaluation catalogs approved according to the procedure, determined by the Government of the Republic of Belarus, to the regulatory legal acts regulating activities of workers for separate positions of employees;
4) basic rights and obligations of the worker and employer;
5) the term of the employment contract (for terminal employment contracts);
6) work-rest schedule (if it concerning this worker differs from the general rules established at the employer);
7) compensation of the worker.
Can be provided in the employment contract additional in comparison with part two of this article of condition about establishment of probation period, the term of obligatory work after education is at least established by the agreement if training was made at the expense of means of the employer, and other conditions which are not worsening the worker's situations in comparison with the legislation and the collective agreement.
The employment contract can be changed only with the consent of the parties if other is not provided by this Code. In case of change of the legislation on work of condition of the employment contract shall be brought into accord with the legislation on work.
The employer has no right to demand from the worker of performance of work who is not caused by the employment contract, except as specified, provided by legal acts.
Execution of an employment agreement is allowed with persons which reached sixteen years.
From written consent of one of parents (adoptive parents (adopters), custodians) the employment contract can be signed with person which reached fourteen years with observance of conditions, stipulated in Article 272 of this Code.
The employment contract is nullified in cases of its conclusion:
1) under the influence of deception, violence, threat and also if it is concluded on extremely unprofitable conditions for the worker owing to confluence of difficult circumstances;
2) without intention to create legal consequences (the imaginary employment contract);
3) with the citizen, acknowledged incapacitated;
4) with person is younger than fourteen years;
5) with person aged from fourteen up to sixteen years without written consent one of parents (the adoptive father (adopter), the custodian).
Separate conditions of the employment contract are recognized invalid if they:
1) worsen the worker's situation in comparison with the legislation, the collective agreement, the agreement;
2) have discrimination character. Invalidity of separate
conditions of the employment contract does not attract invalidity of the employment contract in general.
In the cases provided by this Code and other legislation on work, carrying out tender, election to the position of the employee and other actions allowing to determine professional suitability applying for the corresponding work, the employee's position can precede execution of an employment agreement.
The beginning of action of the employment contract is the day of the beginning of work determined in it by the parties, this Code.
The actual assumption the authorized officer of the employer of the worker to work is the beginning of action of the employment contract irrespective of whether employment was drawn properly up.
The actual assumption shall be drawn in writing up by the authorized officer of the employer of the worker to work no later than the day following behind day of assumption of the worker to work.
After the conclusion in accordance with the established procedure of the employment contract employment is drawn up by the order (order) of the employer. The order (order) appears to the worker under list.
In case of execution of an employment agreement the employer shall demand, and the citizen shall show to the employer:
1) identity document; documents of military accounting (for the persons liable for call-up and persons who are subject to appeal on military service);
2) the service record, except for for the first time going to work and part-time employees;
3) the education document or the document on training confirming availability of the right to accomplishment of this work;
4) job placement on account of armor for separate employee categories according to the legislation;
5) the individual program of rehabilitation, the disabled person's abilitation (for disabled people);
6) the declaration on the income and property, the insurance certificate, the medical certificate on the state of health and other documents on confirmation of other circumstances concerning work if their presentation is provided by legal acts.
Employment without the specified documents is not allowed.
The employer the characteristic having the right to request the citizen in case of employment from the previous places of its work which is issued within five calendar days from the date of receipt of the corresponding request.
It is forbidden to require in case of execution of an employment agreement documents, not stipulated by the legislation.
Joint operation in the same state organization (separate division) to the head's positions (his deputies), the chief accountant (his deputies) and the cashier of faces consisting among themselves in close relationship or property (parents, children, adoptive parents (adopters) adopted (adopted) brothers and sisters, the grandfather, the grandma, grandsons, spouses and the same relatives of the spouse (spouse)) is forbidden if their work is connected with direct subordination or submission to control of one of them to another.
The prohibition provided by part one of this Article can be established also in the non-state organizations for the decision of the owner.
For the purpose of check of compliance of the worker to the work charged to it in case of employment the employment contract by agreement of the parties can be signed with condition of preliminary testing, except as specified, provided by part five of this Article.
During preliminary testing for the worker action of this Code with the features provided by this Article and article 29 of this Code, and also other acts of the legislation on work extends.
The term of preliminary testing shall not exceed three months, apart from the period of temporary disability and other periods when the worker was absent from work.
The condition about preliminary testing shall be provided in the employment contract. Absence in the employment contract of condition about preliminary testing means that the worker is accepted without preliminary testing.
Preliminary testing in case of execution of an employment agreement is not established for:
1) the workers who did not reach eighteen years;
2) young working (employees), got vocational training;
3) the young specialists who got secondary vocational, higher or postgraduate education;
4) disabled people;
5) temporary and seasonal employees;
6) in case of transfer to work to other area or to other employer;
7) in case of employment on tender, on election results;
8) in other cases, stipulated by the legislation.
Each of the parties has the right to terminate the employment contract with preliminary testing:
1) before the expiration of preliminary testing, having warned about it other party in writing in three days;
2) in day of the expiration of preliminary testing. At the same time
the employer shall specify the reasons which formed the basis for employee recognition which did not pass tests. The worker has the right to appeal the decision of the employer in court.
If before the expiration of preliminary testing the employment contract with the worker is not terminated according to part one of this Article, then the worker is considered passed test and termination with it the employment contract is allowed only in accordance with general practice.
The translation the order the employer is recognized to the worker of work on other qualification, the employee's position (the worker's profession) (except for changes according to the legislation of the name of position of the employee (the worker's profession)) in comparison with caused in the employment contract, and also the order of work at other employer (Article 32-1) or other area (except for official journey).
The workers obliged to refund expenses on content of the children who are on the state providing for inadequate accomplishment of labor obligations violation of production and technological, performing or labor discipline can be transferred by the employer with the consent of body for work, employment and social protection to other work.
The worker needing according to the conclusion of the medical and consulting commission or medico-rehabilitation commission of experts provision of other work, the employer shall from its consent transfer to other available work corresponding to the conclusion of the medical and consulting commission or medico-rehabilitation commission of experts. In case of refusal of the worker of the translation or lack of the corresponding work the employment contract is terminated on Item 3 of Article 42 of this Code.
Transfer of the worker to the work contraindicated to it for health reasons is forbidden.
In case of transfer to other permanent job at the same employer with the worker the employment contract is signed with observance of requirements of Articles 18 and 19 of this Code.
Movement the order the employer is recognized to the worker of former work on new workplace as the same, and other structural division, except for isolated, on other mechanism or the aggregate, but within qualification, the employee's position (the worker's profession) with preserving the working conditions caused by the employment contract.
Workplace is the place of permanent or temporary stay of the worker in the course of labor activity.
When moving the consent of the worker is not required.
Movement shall be proved by the production, organizational or economic reasons.
Movement of the worker of the work contraindicated to it for health reasons is not allowed.
Due to the reasonable production, organizational or economic reasons the employer has the right according to the procedure, provided by this Article, to change essential working conditions of the worker in case of continuation of work on the same qualification, the employee's position (the worker's profession) determined in the employment contract by it.
Change of essential working conditions change of wages system, mode of working hours, including establishment or cancellation of part-time, change of guarantees, reduction of the amount of compensation, the offer on the conclusion of the contract with the worker working according to the employment contract signed sine die and also other conditions established according to this Code is recognized. Change of the sequence of alternation of workers on changes (Article 123) is not change of essential working conditions.
The employer shall warn the worker about change of essential working conditions in writing not later than one month.
In case of refusal of the worker of further work with the changed essential working conditions the employment contract stops on Item 5 parts two of article 35 of this Code.
The employer has the right to temporarily transfer the worker to other work, including to other area, and also to other employer in cases:
2) business necessity (Article 33);
3) idle time (Article 34).
Temporary transfer is made based on the order (order) of the employer on temporary transfer with indication of the reasons and the term of temporary transfer, work to which the worker, and also work payment terms is transferred. The employer acquaints the worker under list with the order (order) on temporary transfer.
In case of temporary transfer action of the employment contract continues, other employment contract is not signed with the worker if other is not provided by this Code.
The term of temporary transfer of the worker to other employer cannot exceed effective period of the employment contract.
During work at other employer the worker shall submit to the employment policies and procedures, other documents regulating questions of discipline of work at other employer, to execute written and oral orders (orders) of other employer which are not contradicting the legislation and local legal acts.
Other employer shall provide to the worker of working condition, conforming to requirements for labor protection, to observe requirements for labor protection, and in case of absence in regulatory legal acts, including technical regulatory legal acts, obligatory for observance, requirements for labor protection to take the necessary measures providing preserving life, health and efficiency of the worker in the course of labor activity. Other obligations of other employer are determined by providing working conditions of the worker by the contract between employers.
In case of temporary transfer of the worker to other employer compensation, provision of labor leave, attraction to disciplinary, financial responsibility, regulation of other questions requiring decision making from the employer are performed by the employer with whom the worker signed the employment contract if other is not provided by this Code.
In case of business necessity the employer has the right to transfer the worker to the work which is not caused by the employment contract (on other qualification, the employee's position (the worker's profession)), and also for work to other employer.
Business necessity need for this employer of prevention of catastrophic crash, production accident or immediate elimination of their consequences or consequences of natural disaster, prevention of accidents, idle time, destruction or spoil of property of the employer or other property and is recognized other exceptional cases, and also for replacement of the absent worker. At the same time the worker cannot be transferred to the work contraindicated to it for health reasons.
Temporary transfer in connection with business necessity is made without the consent of the worker for a period of up to one month, and for replacement of the absent worker such translation cannot exceed one month within calendar year (from January 1 to December 31). By agreement of the parties the term of such translation can be increased.
Temporary transfer in connection with business necessity to other area is allowed only with the consent of the worker.
Idle time temporary lack of work on the reason of production or economic nature is recognized (failure of the equipment, mechanisms, lack of raw materials, materials, the electric power and another). At the same time the general duration of idle times cannot totally exceed six months within calendar year.
Temporary transfer in case of idle time shall be made taking into account qualification, the employee's position (the worker's profession) of the worker for all the time of idle time at the same employer or for a period of up to one month to other employer, but in the same area.
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