Terminating employment in Belarus requires strict adherence to the procedures outlined in the Labour Code. Both employers and employees have rights and obligations that must be respected throughout the termination process. Navigating these regulations correctly is crucial for employers to ensure compliance and avoid potential legal disputes or claims of wrongful dismissal.
Understanding the specific grounds for termination, required notice periods, and applicable severance entitlements is fundamental for any company operating in Belarus. Proper documentation and following the prescribed steps are essential to effect a lawful termination, protecting the employer from liability and ensuring a smooth transition for all parties involved.
Notice Period Requirements
The required notice period for terminating an employment contract in Belarus depends on the type of contract and the grounds for termination. Standard notice periods apply unless otherwise specified by law or a collective agreement.
- Standard Notice Period: Generally, an employee must provide one month's notice when terminating an indefinite employment contract on their own initiative.
- Employer-Initiated Termination: When the employer terminates the contract for certain reasons (e.g., liquidation of the company, staff reduction), a minimum notice period is typically required, often two months.
- Fixed-Term Contracts: Fixed-term contracts usually terminate automatically upon expiry. Termination before expiry by either party is generally only possible on specific grounds defined by law or the contract itself, and notice requirements may vary.
- Probationary Period: During a probationary period, either party may terminate the employment contract with three days' written notice.
| Termination Scenario | Minimum Notice Period (Typical) |
|---|---|
| Employee resignation (indefinite contract) | 1 month |
| Employer termination (e.g., redundancy) | 2 months |
| Termination during probation | 3 days |
| Fixed-term contract expiry | None (automatic termination) |
It is important to note that collective agreements or the employment contract itself may stipulate longer notice periods than the statutory minimums.
Severance Pay Entitlements
Severance pay in Belarus is typically linked to specific grounds for termination initiated by the employer, such as company liquidation, staff reduction, or the employee's unsuitability for the position due to health or insufficient qualifications. Severance is generally not payable for terminations due to employee misconduct or resignation.
The amount of severance pay is calculated based on the employee's average monthly earnings and the reason for termination.
- Company Liquidation or Staff Reduction: Employees terminated due to the liquidation of the company or staff reduction are generally entitled to severance pay equivalent to three months' average earnings.
- Unsuitability due to Health or Qualifications: Termination due to the employee's inability to perform their job because of health issues or insufficient qualifications typically entitles the employee to severance pay equivalent to two weeks' average earnings.
- Refusal to Relocate or Change Terms: If an employee refuses to relocate with the employer or refuses changes to essential terms of employment, and the contract is terminated as a result, they may be entitled to severance pay equivalent to two weeks' average earnings.
Severance pay is calculated based on the average daily or hourly wage over the two calendar months preceding the month of termination, multiplied by the number of working days or hours in the payment period.
Grounds for Termination
Employment contracts in Belarus can be terminated on various grounds, which can be broadly categorized as initiated by the employee, initiated by the employer (with or without cause), by mutual agreement, or due to circumstances beyond the parties' control.
Employee-Initiated Termination:
- Resignation (with required notice).
- Request for early termination on valid grounds (e.g., illness, need to care for a family member, employer's breach of contract).
Employer-Initiated Termination (With Cause): These grounds relate to the employee's conduct or performance.
- Systematic failure to perform duties without valid reason if disciplinary measures have been applied previously.
- Absenteeism (absence from work without valid reason for more than three hours during the working day).
- Appearing at work in a state of alcoholic, narcotic, or toxic intoxication.
- Theft of employer's property.
- Violation of labor protection requirements resulting in injury or accident.
- Gross violation of labor duties by a manager.
- Providing false documents upon hiring.
Employer-Initiated Termination (Without Cause related to employee fault): These grounds are related to the employer's operational needs or external factors.
- Liquidation of the company.
- Reduction of staff or positions (redundancy).
- Employee's unsuitability for the position due to health condition preventing performance.
- Employee's unsuitability for the position due to insufficient qualifications confirmed by certification results.
- Failure to appear at work for more than four consecutive months due to temporary disability (unless a longer period is established by law for certain diseases).
Termination by Mutual Agreement:
- The employer and employee agree to terminate the contract on terms they mutually decide.
Termination due to Circumstances Beyond Parties' Control:
- Expiry of the fixed-term contract.
- Call-up for military service.
- Entry into force of a court verdict preventing the employee from continuing work.
- Death of the employee or employer.
Procedural Requirements for Lawful Termination
Strict adherence to procedural requirements is critical to ensure a termination is lawful and to avoid claims of wrongful dismissal. The specific steps vary depending on the grounds for termination.
General Steps (May vary by ground):
- Identify and Document the Ground: Clearly establish the legal basis for termination and gather all supporting evidence (e.g., performance reviews, disciplinary records, medical certificates, evidence of redundancy).
- Provide Written Notice: Issue a formal written notice of termination to the employee, specifying the ground for termination and the effective date, adhering to the required notice period.
- Consult with Trade Union (if applicable): For certain grounds (e.g., redundancy, unsuitability), the employer may be required to obtain the consent or opinion of the relevant trade union representing the employee.
- Issue Termination Order: Prepare a formal order ( прика́з - prikaz) for the termination of employment, citing the relevant article of the Labour Code and the effective date.
- Final Settlement: Calculate and pay all final dues to the employee on their last day of employment. This includes salary earned up to the termination date, compensation for unused annual leave, and any applicable severance pay.
- Update Employment Record Book: Make the corresponding entry regarding the termination in the employee's employment record book ( трудовая книжка - trudovaya knizhka), specifying the ground and the Labour Code article.
- Return Documents: Hand over the employment record book and other relevant documents (e.g., certificate of earnings) to the employee on their last day.
| Step | Key Action | Documentation Required (Examples) |
|---|---|---|
| 1. Establish Ground | Identify legal basis, gather evidence | Performance reviews, disciplinary acts, medical reports, redundancy plan |
| 2. Provide Notice | Issue formal written notice to employee | Written Termination Notice |
| 3. Consult Trade Union | Obtain consent/opinion (if required) | Trade Union Consent/Opinion Document |
| 4. Issue Termination Order | Prepare official internal order | Termination Order (Приказ) |
| 5. Final Settlement | Calculate and pay final dues | Payroll calculations, Payment Order |
| 6. Update Record Book | Make entry in employee's employment record book | Employment Record Book |
| 7. Return Documents | Hand over record book and other documents | Receipt of Documents by Employee |
Common pitfalls include failing to provide adequate notice, incorrect calculation of severance or final pay, insufficient documentation of the termination ground, failure to consult with the trade union when required, and not issuing the termination order or returning documents on time.
Employee Protections Against Wrongful Dismissal
Belarusian law provides significant protections to employees, particularly against arbitrary termination. Certain categories of employees benefit from enhanced protection.
- Protected Categories: Specific groups, such as pregnant women, women with children under three years old (or single parents with children under 14, or disabled children under 18), employees on sick leave, or employees on annual leave, generally cannot be terminated by the employer (except in cases of company liquidation).
- Trade Union Members: Termination of employees who are members of a trade union often requires the preliminary consent or opinion of the union body.
- Grounds for Challenge: An employee who believes their termination was unlawful can challenge it in court. Grounds for challenge may include procedural violations (e.g., insufficient notice, lack of documentation, failure to consult union), termination on discriminatory grounds, or termination without a valid legal basis.
- Consequences of Wrongful Dismissal: If a court finds a termination to be unlawful, the employer may be ordered to reinstate the employee to their previous position and pay compensation for the period of forced absence. The employer may also face administrative penalties.
Ensuring strict compliance with all legal requirements, maintaining thorough documentation, and understanding the specific protections afforded to employees are paramount for employers managing workforce changes in Belarus.
