Оплачиваемый Отпуск/Ежегодный Отпуск
Annual leave is intended for the employee to rest and fulfill other social needs. There are two types of leaves according to the Labour Code: labour and social. Labour leaves are divided into basic and additional. Maternity and parental leaves, in connection with the accident at the Chernobyl, education or other good reasons of personal and family matters are social leaves.
Labour leave is intended for the employee to rest, restore his working capacity, strengthen his health and fulfil other personal needs. Employees are granted labour leave with retention of their job (position) and average earnings.
The length of basic annual leave is 24 calendar days. Public holidays are not included in this. The list of professions with extended basic annual leave is established by the Resolution of the Council of Ministers 24.01.2008 №100. For example, workers under 18 years and disabled people have right to get 30 calendar days of annual leave.
The annual additional leave is granted on the following grounds:
1) hazardous and difficult working conditions (length depends on class of harmful conditions);
2) special nature of work (length depends on profession);
3) irregular working hours (up to 7 calendar days);
4) extended length of service (up to 3 calendar days);
5) encouragement of worker.
The order of providing workers with additional leaves is stipulated by special bylaw, such as the Resolution of the Council of Ministers 18.03.2008 №408, collective agreement, act of employer and employment contract.
In case of absence from work without good reason, the employer may reduce duration of the labour leave by the number of days of absence from work. Nevertheless, the duration of the labour leave must not be less than the basic annual leave (24 calendar days).
Part of the annual leave in excess of 21 calendar days may be replaced by monetary compensation by agreement between employer and employee. It is forbidden to replace by monetary compensation the basic annual leave for pregnant women, minors, disabled people, workers in the territory of radioactive contamination and those, who get leave in advance. The same rule is for annual additional paid leave to employees engaged in work with harmful and (or) dangerous working conditions.
The annual leave is fully paid leave and average earnings for annual leave is paid not later than two days before it.
The right to get this leave connects with the length of service at the certain organisation. Employee may get the annual basic paid leave for the first year of operation after six months of continuous work for the employer. Pro-rata leave is allowed in case the total working period is less than one year however it cannot be less than 14 calendar days. Before the expiration of six months of continuous work, annual leave at the request of the employee must be provided to:
○ women - before the maternity leave or immediately after it;
○ minors (under 18 years);
○ women with two or more children under the age of fourteen (disabled child under the age of eighteen years);
○ workers recruited by transfer;
○ persons having a second job;
○ veterans of The Great Patriotic War;
○ employees, who get an education;
○ other categories by law.
Annual paid leave for the second and next years of working may be given at any time of the year in accordance with vacation schedule. It is established for the calendar year no later than January 5 or other period specified by the collective agreement, act of employer agreed with the trade union, and communicated to all employees. The Labour Code and other special laws have a list of categories of workers, who may get labour leaves at convenient time for them or in a certain period of year, for example minors (under 18 years), veterans of The Great Patriotic War, blood donors, women with two or more children under the age of fourteen (disabled child under the age of eighteen years), and teachers. Employee must be notified about the time of the leave no later than 15 calendar days before its beginning.
It is prohibited not to grant annual paid leave for two years in a row. In exceptional cases where the granting of leave in the current working year may adversely affect the production process, it is allowed with the consent of the employee to transfer part of leave to the next working year. The rest of the leave for current working year must not be less than 14 calendar days. Minors and workers in hazardous and difficult working conditions or special nature of work must receive labour leaves in time.
Annual paid leave should be extended or postponed to another date, taking into account the wishes of the employee, in the following cases:
- temporary disability;
- maternity leave;
- public duties;
- leave for education;
- delay in holiday payment;
- other cases by law, collective agreement, parties' agreement.
The employer has the right to prematurely give labour leave in the event of an unexpected suspension of work due to an accident, natural disaster, insufficient power resources, raw materials and other exceptional and previously unforeseen circumstances. Labour leave may be divided into 2 parts by agreement between parties of the labour contract. One part of this leave should not be less than 14 calendar days. Recalls from the labour leave are allowed by the act of the employer with the employee's consent. Recalls from the labour leave are prohibited for minors and workers in hazardous and difficult working conditions or special nature of work.
Sources: §149-181 of the Labour Code; 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; Resolution of the Council of Ministers «About granting additional leave for irregular working hours» 18.03.2008 №408; 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
Оплата Нерабочих Праздничных Дней
According to the legislation, following are the non-working holidays in Belarus:
January 1 - New Year;
January 7 - (Orthodox) Christmas;
March 8 - Women's Day;
May 1 - Labour Day;
May 9 - Victory Day;
According to the calendar of the Orthodox Easter - Radunica (in 2018 - April 17);
July 3 - Independence Day of the Republic of Belarus (Republic Day);
November 7 - October Revolution Day;
December 25 - (Catholic) Christmas.
Workers may have to work during public holidays and non-working days on work the suspension of which is not possible due to production or technical reasons, the public service work and urgent repair and loading and unloading operations.
For each hour of working on public holidays, there is the additional payment in rates: employees with piecework wages - not lower than double the piece rates; employees with hourly wages - not lower than double the hourly wage rates (salaries). The specific amount of additional payments is established by acts of government (for budgetary sphere) or employment contract, act of employer (for commercial organizations).
If work on a public holiday was carried out over the monthly norm of working time, it can be compensated both by an extra day of vacation and higher wages.
Sources: §69 and 147 of the Labour Code; Decree of the President of the Republic of Belarus «About state holidays, public holidays and memorable dates in Belarus» 26.03.1998 №157
Weekly rest day depends on the working-week adopted by an enterprise. In a five-day working week, employees are given two days-off. There is a provision for one day-off in a six-day working week. A common holiday is Sunday. Usually two days off are provided in a row. In any case, the weekly rest period must not be less than 42 hours.
An employee on a business trip gets the days-off in accordance with the internal regulations of the employer. Weekends at organisations, where suspension in work is not possible, are given on different days of the week alternately to each group of employees. The weekly rest days for shops, consumer services, theaters, museums, etc. are set by employer taking into account recommendations of local authorities.
The duration of the lunch break is from 20 minutes to two hours. There are special breaks for warm and rest during working outdoors, in enclosed unheated rooms in winter, etc. The daily rest period must not be less than the double length of the previous working day.
Sources: § 125, 134-141 of the Labour Code