In the modern world, labor relations are becoming more diverse and flexible, reflecting the changing realities of the economy and labor market. Developing and selecting the appropriate type of employment contract is a crucial task for both employers and employees. Each type of employment contract has its characteristics, which can significantly affect the working conditions, the parties’ rights and obligations, and the team’s general atmosphere. In this article, we will look at the main types of employment contracts, their characteristics, and the aspects that should be considered when choosing them. Understanding these nuances will help ensure the legitimacy of labor relations and create mutually beneficial conditions for all participants in the process.
What is a work contract?
A contract is a type of fixed-term employment contract. It can be entered into with employees to perform temporary or permanent work. In this way, a contract differs from a fixed-term employment contract, which usually cannot be concluded to perform permanent work.
- Contracts can be concluded with foreign and Belarusian employees, temporary and permanent.
- Employee contracts are concluded for a minimum of one year and a maximum of 5 years. You can extend the contract within these five years for any period.
- The contract ends on the day that it defines as the last day of its validity period. It can be a day off or a holiday – this does not affect the end of the contract.
- The types of contracts as such are not defined. You can divide contracts according to the terms for which they were concluded: short-term-one year and long-term-from one year to 5 years.
Why IT professionals need to understand the specifics of employment contracts
It is essential for IT professionals to understand labor contracts and study their terms and conditions for several reasons:
1. Understanding your rights and obligations.
The contract defines the rights and obligations of the employee and the employer. Knowing the terms of the contract helps to avoid misunderstandings and conflicts in the future.
2. Protecting your interests.
If there are disputes with the employer, a good understanding of the contract’s terms can help protect your interests. For example, if the employer violates the contract, the employee can apply to the labor inspectorate or to the court.
3. Career planning.
The contract may specify conditions for salary increases, vacation pay, training opportunities, and other important job aspects. Understanding these conditions helps you plan your career and make informed decisions.
4. Avoid financial losses.
Misunderstanding the terms of an employment contract can lead to financial losses. For example, an employee needs to learn that they are entitled to compensation upon dismissal to receive it.
Understanding the terms of an employment contract is an important aspect of successful work and protecting one’s interests. This is especially true for IT professionals, who often work in highly competitive environments and may face various legal issues.
It is important to note that employment contracts may vary depending on the country, region, and company. Therefore, it is recommended that you carefully study the terms of the agreement before signing it. You can also consult a lawyer or a specialist in labor law.
When can I sign a contract with an employee?
A contract may be entered into when applying for a job or during work if the employee is accepted under an employment contract.
What conditions should be included in the contract?
Among the mandatory terms of the contract:
- Information about the employee and the company they are contracted to work for.
- Specify the place of work and division.
- Position name.
- Fundamental rights and obligations of the parties to the contract.
- Duration of the contract.
- Features of the employee’s work and rest, if they differ from those established in the company.
- The amount of remuneration and the frequency of wage payments, with an indication of the days of the month—at least two times a month.
- Conduct employee certification at least once every three years.
- Mandatory labor incentive measures: the number of additional paid leave days up to 5 calendar days and an increase in the tariff rate (salary) by no more than 50% (this may be 1% or less).
- Reduction (withdrawal) of bonuses for non-performance of labor duties without valid reasons, in addition to disciplinary penalties.
- Reduction of an employee’s work leave for a working year by the number of days of absenteeism or intentional non-performance of their duties for more than three hours a day without valid reasons. The minimum possible vacation period must remain at least 24 calendar days.
The employee and the employer are obliged to notify each other in writing of their decision to continue working or terminate the employment relationship no later than one month before the expiration of the contract.
The contract includes a condition about working remotely and performing work using technical means, whether it is the employee’s or employer’s means.
The contract may contain mandatory terms and conditions, such as increased guarantees for the employee or a condition for preliminary testing.
Conditions in the contract that worsen the employee’s situation compared with the labor standards adopted in Belarus are forbidden.
Features of concluding contracts with some employees
For some categories of employees, there are unique features of entering into, terminating, and extending contracts.
When it is impossible to enter into a contract without the employee’s consent
Suppose the employment contract was concluded for an indefinite period. In that case, employees who are pregnant or have children under three years of age (disabled children under 18 years of age) cannot be transferred to the contract without consent.
When the employer is required to extend the contract or enter into a new one
With the consent of the employee, the employer must extend the contract or enter into a new one:
- With a woman on maternity leave and with a parent (guardian) on leave until the child reaches the age of three. In these cases, the contract is extended, or a new one is concluded for less than until the end of these holidays.
- With a working parent of the child (guardian) who left for work after the end of parental leave before the child reaches three years of age. In this case, the contract is extended, or a new one is concluded for less than up to the child’s five-year-old age.
- With an employee who has no more than 2 years left before retirement age, provided that he works in good faith without violating discipline, the contract is extended or a new one is concluded for a period of at least until the retirement age is reached. In 2024, the retirement age in Belarus is set for women at 58 and for men at 63.
When the issue of transferring listed employees to a contract is considered, the employer determines the term of validity of the contract with their consent in the same manner as when extending the contract (entering into a new one).
Features of contract termination
When an employer or employee plans to terminate the employment relationship at the end of the contract, it is essential to notify the other party in writing at least one month before the end of the contract. The employer cannot refuse to dismiss an employee who wishes to terminate the employment relationship at the end of the contract.
If the employee wishes to leave before the end of the contract, the employer may refuse to leave unless the employee has a valid reason to terminate the employment relationship. Valid reasons include, for example:
- An employee’s illness or disability when it interferes with the continuation of work.
- Entering military service under a contract.
- Employee’s retirement.
- Change of place of residence – moving to another area where it is not possible to come to work.
- The need to care for sick family members.
The employee usually confirms valid reasons with documents. Copies of such records, which indicate the date of dismissal, are attached to the application for dismissal.
Features of contract termination due to violations on the part of the employer
The contract is also terminated if the employer violates the labor legislation and the employment contract (collective agreement, if he has one in the company). A state body must establish the fact of violation – the Department of State Labor Inspection of the Ministry of Labor and Social Protection of Belarus, the court, and in some cases – trade unions. Employees cannot independently determine whether the employer has violated the law or the employment contract. A document from a state body (inspection report, protocol) is required.
Violations on the part of the employer may include:
- In violations related to the safety of working conditions.
- If the payment of wages is delayed by more than one month.
- In the absence of mandatory guarantees for employees.
If the contract is terminated before the end of the term due to the employer’s violations, the employee is required to pay the minimum compensation—three average monthly earnings.
If your company needs help to understand the labor relations between an employee and an employer, then our comprehensive EOR services will help to cope with the difficulties that may arise in the process of organizing labor relations, ensuring smooth operation, financial management and compliance with personnel legislation in the markets of Belarus and abroad.
How to contact us
For more information or advice on issues related to employment contracts, do not hesitate to contact us. We are here to help and support you.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
