Labour Code has provisions with regard to the written employment contracts. Labour contracts, in accordance with labour law, may be indefinite term or fixed term, about single or multiple jobs. As said above, employment contracts must be drawn up in writing and in duplicate, with one copy to the each party.
The employment contract must contain the following information and conditions:
- full details of the parties;
- workplace details;
- job title and job description;
- rights and obligations of contracting parties;
- term of the employment contract (for fixed term contracts);
- working time and rest time regime;
- conditions of payments.
The employment contract may contain additional conditions about probation, the period of compulsory work after education (if the training was carried out at the expense of the employer) and other conditions not worsening the position of the employee, compared with the law and the collective agreement. An employer has no right to demand an employee to perform work, which is not required under an employment contract, except in cases stipulated by legislative acts.
As a rule, the employment contract may be changed only with the consent of the parties. In the event of changes in legislation, conditions of employment contract must be brought into conformity with labor legislation. An employment contract can be concluded with a citizen who has reached the age of 16 years. With the written consent of a parent, guardian or adoptive parent, employment contract may be concluded with citizens aged 14 years, if this work does not harm child’s health, moral development and education. The list of jobs, which are allowed for children 14-16 years old are determined by Resolution of the Ministry of labour and social protection of the Republic of Belarus 15.10.2010 №144.
The beginning of the employment contract is the first day of work as defined by the parties. An employment contract is considered to exist once a worker starts working even if no written contract was signed beforehand. In such cases, employer is required to sign a written contract within three days after the employee or trade union raises a demand to do it.
To conclude an employment contract, following documents are required:
- passport (other identification card);
- military registration documents (if necessary);
- work experience documents;
- educational qualification and training credentials;
- assigned to work in respect of the reservation (for certain categories of workers);
- individual rehabilitation program (for disabled people);
- declaration of income and property (if necessary);
- insurance certificate (if necessary);
- medical certificate (if necessary);
- other documents by legislation.
It is prohibited to claim under an employment contract documents, that are not provided by the legislation.
Sources: §20, 21, 25, 26 and 272 of the Labour Code; Resolution of the Ministry of labour and social protection of the Republic of Belarus «About the establishment of the list of light work, which can perform under the age of fourteen to sixteen years» 15.10.2010 №144
Срочный трудовой договор для Постоянной Работы
The Labour Code provides for both fixed term and indefinite contracts. If an employment contract does not clearly state that it is for fixed term, it is considered to be an indefinite term contract.
The maximum length of a single fixed term contract is 60 month (5 years). According to the Labour Code, fixed-term employment contract is also concluded in the following cases:
- temporary job (up to 2 month);
- certain work (if completion time can not be determined accurately);
- execution of the duties of the absent employee;
- seasonal work;
- employment to the individual entrepreneur or micro organization.
Fixed-term employment contract can be terminated by following reasons: expiry of its term, completion of work, coming back to job of absent employee, end of the season.
Fixed-term employment contract can be terminated prematurely at the request of the employee due to illness, disability, other good reasons that interferes with working of the employee or employer’s violation of labor legislation, conditions of the collective agreement or the employment contract. Moreover, in the situation of temporary job up to 2 month or execution of the duties of the absent employee up to 4 months, workers have the right to terminate the employment contract by notifying the employer in writing within three days.
If a worker keeps working on the expiry of a fixed term contract, it is deemed to be contract for indefinite duration.
Sources: §17, 38-41, 292 and 294 of the Labour Code
Probation period is established by the employment contract to verify the conformity of qualifications for work. The maximum length of probation period is 3 months. The probation period is suspended for the period, when the employee is actually absent from work (including temporary disability). The absence of probation term in an employment contract means that the employee is hired without it. An employment contract must clearly specify the probationary period.
The probation is prohibited in cases:
1. minors (under 18 years);
2. young workers, persons, who graduated with secondary professional education or higher education;
3. disabled people;
4. temporary and seasonal workers;
5. when transferred to work in another locality or to another employer;
6. when applying for a job through competition, the results of the elections;
7. in other cases stipulated by law.
Either party may terminate the employment contract during the probation period notifying the other party in writing within three days. Employer is obliged to give reasons of discharge. Employee has the right to challenge such dismissal.
If the probation period has expired and neither of the parties has not notified about the termination of the employment contract, the employee is considered to have passed the probationary period.
Sources: §28, 29, 287, 293 and 300 of the Labour Code
Нормативное регулирование гарантий занятости
Трудовой кодекс Республики Беларусь 1999 г. (в ред. от 23.07.2015) / Labour Code of the Republic of Belarus 1999 (version 23.07.2015)
Постановление Совета Министров Республики Беларусь «О предоставлении основного отпуска продолжительностью более 24 календарных дней» от 24.01.2008 №100 (в ред. от 17.02.2014) / Resolution of the Council of Ministers of the Republic of Belarus «About granting of basic leave lasting more than 24 days» 24.01.2008 №100 (version 17.02.2014)
Постановление Совета Министров Республики Беларусь «О предоставлении дополнительного отпуска за ненормированный рабочий день» от 18.03.2008 №408 (в ред. от 30.06.2014) / Resolution of the Council of Ministers «About granting additional leave for irregular working hours» 18.03.2008 №408 (version 30.06.2014)
Постановление Совета Министров Республики Беларусь «О дополнительных отпусках за работу с вредными и (или) опасными условиями труда и особый характер работы» от 19.01.2008 №73 (в ред. от 29.07.2016) / Resolution of the Council of Ministers «About additional leaves for working in harmful and (or) hazardous working conditions and special nature of work» 19.01.2008 №73 (version 29.07.2016)
Указ Президента Республики Беларусь «О государственных праздниках, праздничных днях и памятных датах в Республике Беларусь» от 26.03.1998 №157 / Decree of the President of the Republic of Belarus «About state holidays, public holidays and memorable dates in Belarus» 26.03.1998 №157