LAW OF THE REPUBLIC OF BELARUS

of January 8, 2014 No. 131-Z

About modification and amendments in the Labor code of the Republic of Belarus

Accepted by the House of Representatives on December 16, 2013

Approved by Council of the Republic on December 19, 2013

Article 1. Bring in the Labor code of the Republic of Belarus of July 26, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 80, 2/70; 2005, No. 120, 2/1134; 2006, No. 106, 2/1230; 2007, No. 118, 2/1316; No. 183, 2/1369; 2009, No. 16, 2/1558; No. 119, 2/1571; No. 171, 2/1589; No. 276, 2/1603; 2010, No. 15, 2/1666; National legal Internet portal of the Republic of Belarus, 10.01. 2013, 2/2014) following changes and amendments:

1. In Article 1 part one:

"(employers)" to exclude the word from the paragraph of the fourth;

the thirteenth to state the paragraph in the following edition:

"labor union (labor union) - the voluntary public organization combining 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;".

2. State Article 3 in the following edition:

"Article 3. Coverage of the Labor code

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.".

3. State Article 8 in the following edition:

"Article 8. Ratio of the legislation on work and rules of international law

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.".

4. To state Item 7 of Article 11 in the following edition:

"7) the national social insurance, compulsory insurance from labor accidents and occupational diseases, guarantee in case of disability and loss of work;".

5. To state part one of Article 14 in the following edition:

"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.".

6. In Article 16 part one:

state Item 1 in the following edition:

"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;";

state Item 3 in the following edition:

"3) arrived on job placement after completion of training in public institution of education, the organization realizing educational programs of postgraduate education;";

state Item 5 in the following edition:

"5) arrived to work on distribution after completion of training in public institution of education;".

7. In Article 17:

to add Items 3-5 of part one with words "(the terminal employment contract)";

from part two the second offer to exclude;

after part two to add Article with parts of the following content:

"By agreement of the parties the terminal employment contract can be signed without the requirements to terminal employment contracts provided by part two of this Article with persons employed to the individual entrepreneur in the microorganization.

Kind of the terminal employment contract is the contract which is signed according to the procedure and on conditions, stipulated by the legislation about work.";

the third or sixth to consider parts respectively parts of the fifth or eighth.

8. In Article 19:

in part three of the word "about obligation it is at least to fulfill after training of the term established by the agreement" it is at least shall be replaced with words "the term of obligatory work after the education established by the agreement";

the fourth to state part in the following edition:

"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.".

9. The second Article 21 to state part in the following edition:

"From written consent of one of parents (adoptive parents, custodians) the employment contract can be signed with person which reached fourteen years with observance of conditions, stipulated in Article 272 of this Code.".

10. In Article 26 part one:

in Item 3 of the word "diploma or other education document and professional training" shall be replaced with words "the education document or the document on training";

in Item 6 of the word "medical certificate" shall be replaced with words "medical certificate".

11. To state Items 2 and 3 of part five of Article 28 in the following edition:

"2) young working (employees), got vocational training;

3) the young specialists who got secondary vocational, higher or postgraduate education;".

12. In Article 30:

to add part one after the word "changes" with the words "according to the legislation";

in word part three of "public service of employment of the population" shall be replaced with words "on work, employment and social protection";

in word part four "medical certificate" and to "medical certificate" to replace respectively with words "the conclusion of the medical and consulting commission or medico-rehabilitation commission of experts" and to "the conclusion of the medical and consulting commission or medico-rehabilitation commission of experts".

13. In Article 32:

the second to state part in the following edition:

"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, and also other conditions established according to this Code is recognized.";

the fourth after the words "on Item 5" to add part with the words "parts two".

14. In Article 35 part two:

in Item 2 of the word "the employment contract (Items 2 and 3 of Article 17)" shall be replaced with words "actions of the terminal employment contract";

"own" to exclude the word from Item 3;

"property and" to add Item 5 after words with the word "(or)".

15. Third of article 36 after words "property and" and "Item 5" to add part respectively with words "(or)" and "parts two".

16. To add part one of Article 38 with the word "actions".

17. In Article 39:

after the word of "term" to add Article with words of "prompt action";

words" (17)" to exclude Item 2 of Article.

18. State Article 41 in the following edition:

"Article 41. Termination of the terminal employment contract upon the demand of the worker

The terminal employment contract is subject to termination ahead of schedule upon the demand of the worker in case of his disease or disability, other reasonable excuses interfering performance of work according to the employment contract and also in case of violation by the employer of the legislation on work, the collective agreement, the employment contract.

The fact of violation by the employer of the legislation on work, the collective agreement, the employment contract is established by authorized body of supervision of compliance with law about work, labor unions and (or) court.".

19. In Article 42:

state Item 1 in the following edition:

"1) liquidations of the organization, the termination of activities of branch, representation or other separate division of the organization located in other area, the terminations of activities of the individual entrepreneur, reducing number or staff of workers;";

in Item 7 of the word "or toxic substances" shall be replaced with words ", psychotropic substances, their analogs, toxic substances";

in Item 9 of the word of "rules of protection" shall be replaced with words "requirements for protection".

20. In Article 43:

state part one in the following edition:

"Termination of the employment contract on the bases specified in Items 1 (except for liquidations of the organization, the termination of activities of branch, representation or other separate division of the organization located in other area, the terminations of activities of the individual entrepreneur), 2 and 3 Articles 42 of this Code, is allowed if it is impossible to transfer the worker, from its consent, for other work.";

part the second after the word of "organization" to add with words of "the termination of activities of branch, the representation or other separate divisions of the organization located in other area";

in part three of the word "bodies of public service of employment of the population" shall be replaced with words "body for work, employment and social protection";

after part three to add Article with part of the following content:

"During all term of the warning of the forthcoming dismissal the employer offers the worker other work which is available for it which the worker can carry out taking into account its specialty and qualification. In the period of the warning of the forthcoming dismissal according to the decision of the employer the worker who is subject to dismissal from its consent can also go for retraining.";

the fourth or sixth to consider parts respectively parts of the fifth or seventh;

in part five "release" to replace the word with the word "dismissal".

21. Add Article 44 with Item 7 of the following content:

"7) emergence of the restrictions for occupation with certain types of activity set by the legislation interfering further work.".

22. In Article 47:

state Item 5 in the following edition:

"5) not signings or violations by the worker who is the state official, the commitment letter on observance of restrictions, stipulated by the legislation about fight against corruption;";

add Article with Item 7 of the following content:

"7) emergence (establishment) of the circumstances interfering implementation of pedagogical activities or pedagogical activities in the field of physical culture and sport according to legal acts.".

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