Dismissal by agreement of the parties in Belarus
Dismissal by agreement of the parties can be called the simplest and most peaceful way to end an employment relationship.
By agreement of the parties, both a fixed-term and an indefinite employment contract can be terminated. In addition, on such grounds, an employment contract can be terminated during vacation and sick leave.
Both the employee and the employer can express a desire to terminate labor relations on the above basis. If one of the parties does not agree to terminate the employment relationship, then the dismissal on this basis cannot take place.
Dismissal by agreement of the parties implies the achievement of an agreement between the employee and the employer within a period determined by the same parties.
Such an agreement can be reached both on the day of filing the application for dismissal, and at any other time.
However, not every category of employees can be terminated by agreement of the parties. So, there is a ban on termination of employment with:
young specialists until the end of the period of compulsory work specified in the certificate of employment;
young specialists, until the end of the term of work established by the contract on targeted training of a specialist (worker, employee);
parents who are obliged to reimburse the costs of maintaining children, in cases provided for by law;
convicted during the period of serving correctional labor without the written permission of the penitentiary inspectorate.
The legislation of the Republic of Belarus does not oblige to formalize an agreement on termination of an employment contract in writing. However, it is always best to have the documents in writing when litigation arises.
Upon dismissal (no later than the day of dismissal), the employer is obliged to make a final settlement with the employee, which also includes: monetary compensation for unused labor leave, travel expenses, bonuses (except for payments that are paid based on the results of work for a month). also on the last day of work.
Dismissal in case of downsizing
In accordance with paragraph 1 of Art. 42 of the Labor Code, a fixed-term and open-ended employment contract may be terminated by the employer before its expiration in the event of a reduction in the number or staff of employees.
Termination of an employment contract on such grounds is possible only if the employer observes certain conditions and the procedure established by the Labor Code.
So, upon termination of an employment contract in the event of a reduction in the number or staff of employees, the employer is obliged to notify the employee in writing about the upcoming dismissal at least 2 months before dismissal, unless longer periods are provided for by the collective agreement, agreement. Also, the employer is obliged to notify the state employment service (the Code of Administrative Offenses established responsibility for the employer for failure to notify the authorities).
The employer has the right to replace the warning with payment of compensation in the amount of two months’ average earnings. This requires the consent of the employee. If such an initiative comes from the employer after warning the employee, compensation is paid in proportion to the time remaining until the end of the two-month warning period.
Dismissal of employees in connection with the layoff occurs in the event that it is not possible to transfer him to another job, which the employee can perform, taking into account his qualifications. However, the employer has the right to offer the employee other work that he can perform, taking into account the received education, practical skills, state of health. This can be a lower-paid job or a lower-level position.
Also, during the warning period, by the decision of the employer, the employee, with his consent, can be sent for retraining.
Only if the employee refuses the job provided or the employer does not have the opportunity to transfer him to another job, the employer will have the right to dismiss him in connection with the layoff.
During the entire period of the warning, the employee is given one free day a week without pay (by agreement with the employer, this can be with the preservation of wages) to resolve the issue of self-employment.
Upon dismissal of employees due to layoffs, the employer is obliged to pay severance pay in the amount of at least three times the average monthly salary (a higher severance pay may be provided for in the collective agreement and other internal documents).
Dismissal upon liquidation of an enterprise in Belarus
An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, may be terminated by the employer in the event of the liquidation of the organization.
Such a ground for dismissal has a number of common characteristics with a reduction in the number or staff of employees, namely: a written warning not less than 2 months in advance of the employee and labor, employment and social protection authorities, liability for non-warning, replacement of notification, payment of severance pay, provision of free day for job search.
Severance pay is not paid to part-time workers.
When an organization is liquidated, an employee can be dismissed during a period of temporary disability and the employee is on vacation.
On the day of dismissal, the employer is obliged to give the employee a work book and make all payments that are due to the employee on the day of dismissal.
Dismissal upon expiration of the employment contract
Dismissal due to the expiration of the employment contract together with dismissal by agreement of the parties is one of the most common grounds for dismissal.
On the above grounds, only a fixed-term employment contract can be terminated, since it is such an agreement that is concluded for a certain period.
If, upon the expiration of the term of the fixed-term employment contract, the employment relationship actually continues and neither of the parties demanded their termination, then the term of the employment contract is deemed to be continued for an indefinite period, unless otherwise provided by the Labor Code.
Upon dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal is granted within the term of the employment contract.
Upon dismissal due to the expiration of the employment contract (with the exception of the contract), the legislation does not establish the obligation of the parties to warn the other party of their intention to terminate the employment contract. Each of the parties can express the corresponding intention on the last day of the contract.
There is a certain requirement in the contract. So, each of the parties that have entered into a contract, no later than 1 month before the expiration of its validity period, warns the other party in writing about the decision to continue or terminate the employment relationship.
Termination of an employment contract due to the expiration of its term is not considered dismissal at the initiative of the employer, even if the initiative came from him. Under such circumstances, additional guarantees do not apply to employees, such as a prohibition on dismissal during a period of temporary disability or being on vacation, guarantees for other persons.
At the same time, if the employer decides to terminate the employment relationship with the employee with whom the contract has been concluded, then in this case the guarantees for the extension (conclusion of a new) contract provided for by law should be taken into account.
There are restrictions on dismissal upon the expiration of a fixed-term employment contract for some categories of employees. The following cannot be dismissed: young specialists before the end of the period of compulsory work specified in the certificate of job placement (contract on targeted training); the obliged person until the full reimbursement of the costs of supporting the children.
Dismissal under Art. 259 (dismissal of the director) in Belarus
The Labor Code provided for the possibility for the owner of the organization to terminate the employment contract with the director ahead of schedule.
So, in accordance with Art. 259 of the Labor Code, by the decision of the owner of the property of the organization or the body authorized by him, the labor contract with the head of the organization can be terminated before its expiration in the absence of culpable actions (inaction) of the head of the organization.
Dismissal under Art. 259 of the Labor Code is possible only on condition that the director receives compensation for the early termination of labor relations with him.
Therefore, when appointing a director, be sure to include in the employment contract a provision according to which, in the event of an early termination of relations with the director, he will be paid compensation in a certain amount.
It is important to note that in the decision to terminate labor relations on the grounds of Art. 259 TC should not indicate that the director has committed any illegal actions. Since if the director committed a violation, some guilt is seen in his actions, the grounds for dismissal will be completely different.
Payment of unused leave upon dismissal
If the employee, upon termination of the employment contract, did not use labor leave or did not fully use it, then he is entitled to monetary compensation.
Monetary compensation for full leave is paid if the employee has worked the entire working year on the day of dismissal.
If by the day of dismissal the employee has worked part of the working year, monetary compensation is paid in proportion to the hours worked.
Monetary compensation for unused labor leave upon dismissal is paid within the time limits established by Art. 77 TC, that is, no later than the day of dismissal.
According to paragraph 2 of Part 1 of Art. 164 of the Labor Code, the time of parental leave until the child reaches the age of 3 years is not included in the working year for which the labor leave is granted.
