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Rivermate | Belarus

Agreements in Belarus

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Learn about employment contracts and agreements in Belarus

Updated on April 27, 2025

Establishing compliant employment relationships in Belarus requires a thorough understanding of the country's labor legislation. Employment agreements serve as the foundational document outlining the rights and obligations of both the employer and the employee. These contracts must adhere strictly to the requirements set forth by Belarusian law to ensure validity and avoid potential disputes or penalties.

Navigating the specifics of contract types, mandatory clauses, probationary periods, and termination procedures is crucial for any company employing individuals in Belarus. Ensuring each agreement is correctly drafted and executed in accordance with local regulations is a key step in building a successful and legally sound workforce.

Types of Employment Agreements

Belarusian law primarily recognizes two main types of employment agreements: indefinite-term contracts and fixed-term contracts. The type of contract used depends on the nature and duration of the work being performed.

Contract Type Description Typical Use Cases
Indefinite-Term No specified end date; continues until terminated by either party according to law. Standard contract for permanent positions.
Fixed-Term Concluded for a specific period, not exceeding five years. Temporary work, seasonal work, replacement of absent employees, project-based work.

Fixed-term contracts can also include specific variations like contracts for the duration of a specific project or task, or contracts for the period a specific employee is absent. Concluding a fixed-term contract for work of a permanent nature is generally not permitted unless specifically allowed by law.

Essential Clauses

Belarusian employment agreements must include several mandatory clauses to be considered valid. These clauses ensure that the fundamental terms of employment are clearly defined and agreed upon by both parties.

Key mandatory clauses typically include:

  • Identification of Parties: Full legal names of the employer and employee.
  • Place of Work: Specific location where the employee will perform their duties.
  • Job Function/Position: Description of the employee's role and responsibilities.
  • Start Date: The date the employment relationship begins.
  • Term of Agreement: Whether the contract is indefinite or fixed-term (specifying the end date if fixed-term).
  • Working Hours and Rest Periods: Details on the work schedule, including duration of the working day/week and breaks.
  • Remuneration: Salary or wage amount, payment frequency, and components (e.g., bonuses, allowances).
  • Social Insurance: Reference to the employee's entitlement to state social insurance.

Additional clauses may be included depending on the specific role and industry, provided they do not contradict Belarusian labor law.

Probationary Period

Employers in Belarus have the option to include a probationary period in the employment agreement to assess the employee's suitability for the role. This period allows both the employer and the employee to evaluate the fit before committing to a long-term relationship.

  • The maximum duration for a probationary period is generally three months.
  • For certain categories of employees or specific types of work, a shorter or longer period might be permitted by law, but three months is the standard maximum.
  • The inclusion and duration of the probationary period must be explicitly stated in the employment agreement.
  • During the probationary period, either party can terminate the agreement with three days' written notice, without needing to provide a specific reason, unless the employee is part of a protected category.
  • If the probationary period expires and neither party has terminated the agreement, the employee is considered to have successfully passed probation, and the employment continues under the terms of the contract.

Confidentiality and Non-Compete Clauses

Confidentiality and non-compete clauses are common in employment agreements, particularly for roles involving sensitive information or specialized knowledge.

  • Confidentiality Clauses: Provisions requiring employees to protect the employer's confidential information and trade secrets are generally enforceable in Belarus. The scope of confidential information and the duration of the obligation (both during and after employment) should be clearly defined in the agreement.
  • Non-Compete Clauses: Clauses restricting an employee's ability to work for a competitor or start a competing business after leaving the company are subject to strict limitations under Belarusian law. Their enforceability is often challenging and depends heavily on specific circumstances, including the scope (geographic, temporal, and functional), compensation provided for the restriction, and whether they unduly restrict the employee's right to work. Such clauses are not automatically enforceable and must comply with specific legal requirements to be valid.

Contract Modification and Termination

Modifying or terminating an employment agreement in Belarus must follow specific legal procedures.

  • Modification: Changes to the essential terms of the employment agreement (such as job function, salary, working hours, or location) generally require the mutual written consent of both the employer and the employee. Unilateral changes by the employer are only permitted in specific circumstances defined by law, often requiring advance notice to the employee.
  • Termination: Employment agreements can be terminated for various reasons, including:
    • Mutual agreement of the parties.
    • Expiration of a fixed-term contract.
    • Employee's initiative (resignation), typically requiring one month's notice, though shorter periods may apply during probation or by agreement.
    • Employer's initiative, which is strictly regulated and requires specific legal grounds (e.g., liquidation of the company, redundancy, employee misconduct, incapacity). Termination by the employer often requires compliance with notice periods, severance pay obligations, and consultation with trade unions if applicable.
    • Circumstances beyond the parties' control (e.g., military service, death).

Strict adherence to the legal grounds and procedures for termination is essential to avoid claims of unfair dismissal.

Martijn
Daan
Harvey

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