When an employee gets the right to leave in Belarus
The Labor Code of the Republic of Belarus provides that all employees who work officially under an employment contract with an employer have the right to leave.
Vacation is a time period when an employee is free from performing his job function, in order to rest and restore strength and health. According to the legislation, there are different types of vacations, including social ones.
An employee is entitled to an annual paid leave after having worked for the employer for 6 months. Before the six-month period, labor leave may be granted to women prior to maternity leave; persons under eighteen years of age; an employee who was registered for work through transfer and other categories of employees.
Number of vacation days in Belarus
According to the general rule established by the Labor Code, in Belarus the minimum vacation period is 24 calendar days.
The duration of the leave may be more than 24 calendar days. The list of categories of employees who have a long vacation period is established by law. Also, the employer has the right to provide more vacation days for work with irregular hours and long work experience.
Vacation schedule in Belarus
The vacation schedule is the sequence for granting labor leave, which is developed by the employer, taking into account the opinion of the employee. The vacation schedule must be agreed and approved by the employer no later than January 5 of the current year.
This requirement is established in order to avoid disagreements between employees about the time of taking leave, as well as to prevent downtime in production or interruption of the work process.
In the vacation application and the vacation order, the month of granting the vacation must be indicated. The start date of the vacation is determined by agreement between the employee and the employer. The law does not establish the requirement to indicate the start and end dates of the vacation in the documents.
The time span (start date and end date of the vacation) can be changed by agreement between the employee and the employer. The Labor Code establishes the obligation of the employer to notify the employee of the start time of the labor leave. This must be done no later than 15 calendar days before the start of the vacation.
Calculation of vacation pay in Belarus
When calculating vacation pay in accordance with the legislation of the Republic of Belarus, it is necessary to take into account two principles. It is based on the average earnings of an employee. Average earnings are multiplied by the number of calendar vacation days. It must be borne in mind that the average earnings are calculated taking into account the wages and all payments provided for the employee.
If an employee takes a vacation in parts, then vacation pay is calculated for each part of the vacation. If an employee has worked for less than 6 months, then when calculating vacation pay, it is necessary to be guided by wages only for full months worked.
Terms of payment of vacation pay in Belarus
The timing of the payment of vacation pay depends on the type of labor legal relationship: if an employment contract is concluded with an employee, then their payment is made no later than a day before the start of the vacation; if an employment contract is concluded with an employee, then the employer is obliged to pay vacation pay no later than one day before the start of the vacation.
Employee recall from vacation
There are times when, due to production needs, the presence of an employee at the workplace is mandatory. For example, a check came from the tax office, and the chief accountant is on vacation. In such cases, the employer has the right to recall the employee from the vacation, and the vacation is interrupted.
It must be borne in mind that the recall of an employee from vacation is possible only at the initiative of the employer and with the consent of the employee. If an employee does not agree to start work while on vacation, then his failure to appear is not considered by the legislator as absenteeism.
Postponement of labor leave due to illness
The illness of the employee himself during the vacation is the basis for the postponement of the vacation. Vacation can be postponed either to another period of the calendar year (at the request of the employee), or extended by a certain number of days.
It is important to keep in mind that if a child under three years of age or another member of the employee’s family falls ill, then there is no question of postponing the vacation.
The employer is obliged to arrange the transfer or extension of part of the vacation in accordance with the law. So, initially, the employee must write a statement about this, indicating the reasons for extending or postponing the vacation. Then the appropriate order of the employer is issued.
Leave at the main place of work and part-time
According to the Labor Code, part-time workers are granted leave at the main place of work and part-time leave at the same time. If the leave for part-time work is less than the main leave, then this part can be replaced with monetary compensation.
Monetary compensation can only replace a part of labor leave that exceeds 21 days. At the same time, part of the vacation cannot be replaced with monetary compensation:
– pregnant women;
– persons under the age of 18;
– disabled workers;
– for vacation provided in advance, etc.
How to properly arrange a vacation in Belarus
For the correct registration of leave under Belarusian law, the employee and the employer must perform the following steps:
1) the employee writes an application addressed to the employer indicating the month of vacation (the application must be submitted no later than two weeks before the start of the vacation);
2) on the basis of the employee’s application, the employer issues a vacation order for the organization;
3) the employer must familiarize the employee with the vacation order against signature.
