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Termination and Severance Policies

Learn about the legal processes for employee termination and severance in Belarus

Notice period

In Belarus, the Labor Code stipulates that the minimum notice period for employment termination is one month. This applies to both employers and employees initiating the termination, unless otherwise specified in the employment contract or collective bargaining agreement.

Exceptions to the Minimum Notice Period

There are certain exceptions where a different notice period may apply:

  • Probationary Period: During the probationary period, which can last up to three months, a shorter notice period of three days may be specified in the employment contract.
  • Collective Bargaining Agreements: Industry-specific collective bargaining agreements may supersede the minimum notice period and establish longer notice periods for certain categories of employees.

In the absence of a written notice period in the employment contract, the one-month minimum requirement applies by default.

Additional Considerations

  • Notice Period Start Date: The notice period typically starts on the first or sixteenth day of the month following the notification of termination.
  • Compensation in Lieu of Notice: Employers have the option to compensate employees for the remaining notice period instead of requiring them to work during that time.

Severance pay

In Belarus, severance pay is regulated by the Labour Code of the Republic of Belarus. There are several situations that warrant severance pay. These include termination due to organizational changes, employee's non-compliance, changes in working conditions, illness, disability, or caring responsibilities, conscription for military service or other equivalent duties, reinstatement of an employee who previously held the position, employee's refusal to relocate with the employer to another location, and other grounds specified in the legislation, collective agreement, or employment contract.

The standard amount of severance pay is generally three times the employee's average monthly salary. However, the employment contract or a collective agreement may stipulate a higher severance payment. The average monthly salary is calculated using the wages the employee earned over the 12 months preceding the termination.

There are a few important considerations to keep in mind. Severance payments are usually tax-exempt, and employers must make the severance payment on the employee's last day of work. The Labour Code of the Republic of Belarus is the authoritative legal source for these regulations.

Termination process

The termination of employees in Belarus is strictly regulated by the Labour Code of the Republic of Belarus.

Grounds for Termination

There are several grounds for termination of employment in Belarus:

  • Mutual Agreement: Both the employer and employee agree to terminate the employment relationship.
  • Expiration of Employment Contract: This applies to fixed-term contracts.
  • Employee's Initiative: The employee can resign.
  • Employer's Initiative: This requires valid grounds as per the Labor Code, such as organizational changes (liquidation, staff reductions, etc.), employee's non-compliance with job duties or qualifications, changes to the essential terms of employment contract which the employee refuses to accept, employee's health complications barring them from continuing work, conscription or alternative duties, and reinstatement of a previously-held position.
  • Other grounds: Specified in legislation, collective agreement, or employment contract.

Termination Procedure (Employer-Initiated)

The termination procedure when initiated by the employer involves several steps:

  1. Notice: The employer must provide a written notice of termination stating the grounds for termination.
  2. Consultation with Trade Union: If applicable, the employer must consult with the relevant trade union.
  3. Termination Order: The employer issues a formal termination order outlining the reasons for dismissal.
  4. Work Record Book: The employer makes the final entry in the employee's work record book and returns it.

Employee Rights

Employees have the right to challenge wrongful dismissal. They can challenge a dismissal they believe is unjustified through the courts or other legal channels.

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