If you or your partners are planning a full-fledged expansion to Belarus – this process will take a lot of time. Preparing documents for lawyers, collecting all information, registering a company, finding a person who will be the director of the company and will be responsible for all processes (including access to a bank account) – all this takes a lot of time and entails additional costs.
We OFFER YOU A QUICK START with EOR services in Belarus and PEO. We will take care of you in Belarus from A to Z. If necessary, our recruiters will assemble the best team for you.
YOU WILL WORK DIRECTLY WITH US – NO INTERMEDIARIES!
EOR services advantages in Belarus:
- Quick entry to the market (24-48 hours);
- No additional costs for maintaining the company;
- Fast onboarding;
- Own in-house lawyer, HR.
Below you will find general information about the labor law of Belarus: the rules for registering employees, vacations, sick leaves, etc.
Labor contracts in Belarus: general provisions
The definition of an employment contract is given in the Labor Code. An employment contract is an agreement that is concluded between an employee and an employer. The employee commits to performing work in one or more designated positions corresponding to their qualifications, as outlined in the staffing table. The employee also agrees to comply with the rules of the Internal Labor Regulations (ILR).On the other hand, the employer undertakes to offer the employee the specified job and ensure working conditions that align with labor laws, local legal acts (LLA), and mutually agreed terms. Additionally, the employer is responsible for timely payment of the employee’s wages.
An employment contract is concluded in writing, drawn up in 2 copies, signed by the parties. One copy is given to the employee, the other is kept by the employer.
In Art. 19 of the Labor Code defines the content and conditions of the employment contract. The approximate form is established by the decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated November 21, 2019 No. 60.
An employment contract may provide for additional conditions (not specified in Article 19 of the Labor Code). Which do not worsen the employee’s position in comparison with legislation and the collective agreement.
The difference between a fixed-term employment contract and an unlimited one
The main differences between a fixed-term employment contract and an unlimited one are:
- The term of the contract. A fixed-term employment contract is valid for a limited period (no more than 5 years), and an indefinite one – on an ongoing basis);
- The purpose of the conclusion of the contract;
- Dismissal procedure;
- The possibility of terminating an open-ended employment contract at the request of the employee (the obligation to notify the employer in writing 1 month in advance). The lack of such an opportunity in the case of a fixed-term employment contract. Subject to termination ahead of schedule at the request of the employee in case of illness or disability, entering military service under a contract and other valid reasons.
Working hours in Belarus
In accordance with Art. 112 of the Labor Code of Belarus, working hours cannot exceed 40 hours per week.
In addition, the Labor Code provides for reduced working hours for certain categories of workers:
- for employees at work with harmful or hazardous working conditions – no more than 35 hours per week. When the time required for the delivery of workers to the place of work underground and back is included – no more than 37 hours 45 minutes per week;
- for employees aged 14 to 16 – no more than 23 hours per week. From 16 to 18 years old – no more than 35 hours per week;
- disabled people of groups I and II – no more than 35 hours a week;
- for those working on ter. radioactive contamination in the evacuation (exclusion) zone. Including those temporarily sent or sent to these zones – no more than 35 hours per week.
In accordance with Art. 124 of the Labor Code for each calendar year, the Government of the Republic of Belarus or its authorized body establishes the estimated working time for each calendar year.
For 2023, the estimated working time is set: for a five-day working week with days off on Saturday and Sunday – 2011 hours; for a six-day work week with a day off on Sunday – 2014 hours.
Work on weekends and holidays in Belarus
Work on weekends is allowed:
- only with the written consent of the employee or at his initiative with the consent of the employer;
- no more than 12 days off per year for each employee;
- involvement in work is formalized by the order (decree) of the employer in compliance with the guarantees.
Without the consent of the employee, the employer has the right to involve the employee in work on his day off for:
- prevention of a catastrophe, industrial accident, performance of work necessary for the immediate elimination of their consequences or the consequences of a natural disaster;
- prevention of accidents;
- elimination of accidental or unexpected circumstances that may disrupt or disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
- provision of emergency medical care by medical personnel.
Work on holidays:
On public holidays and holidays, work is allowed, the suspension of which is impossible due to production and technological conditions (continuously operating organizations), work caused by the need for constant continuous service to the population, organizations, as well as urgent repair and loading and unloading operations.
It is prohibited to involve in work on weekends and holidays:
- pregnant women;
- employees under 18 years of age.
With written consent, the following may be involved:
- Women with children under the age of 14 (disabled children under 18);
- People with disabilities, provided that such work is not prohibited by the IPR.
Labor leave (vacation) in Belarus
In accordance with labor legislation, employees have the right to labor leave if there are grounds provided for by the Labor Code.
Labor leave can be divided into: basic (cannot be less than 24 calendar days) and additional.
The duration of the leave is calculated in calendar days and is granted for work during the working year (annually) with the preservation of the previous work and average earnings. Labor leave can be postponed or extended on the grounds provided for by the Labor Code.
Additional leave may be granted: for work with harmful and (or) hazardous working conditions and for the special nature of work; for irregular working hours; for a long work experience; additional incentive holidays, which can be established by a collective agreement, agreement, etc.
The part of labor leave (main and additional) exceeding 21 calendar days, by agreement between the employee and the employer, can be replaced by monetary compensation.
Labor leave (main and additional) for the first working year is granted not earlier than after 6 months of work. Before the expiration of 6 months of work, the employer is obliged to provide labor leaves at the request of the employees, provided for in Art. 166 LC (participants of the Second World War, persons under the age of 18, etc.).
Labor leaves (main and additional) for the second and subsequent working years are granted at any time of the working year in accordance with the order of granting labor leaves, unless otherwise provided by the Labor Code.
Sick leave in Belarus
The sick leave is the basis not only for dismissal from work, but also for obtaining monetary compensation.
The maximum period for which a sick leave is issued in connection with an illness or injury is 120 calendar days continuously or 150 days with interruptions over the last 12 months. If the disease has dragged on, then the decision to extend the treatment is made by MREK.
Payments for sick leave depend on earnings for the last 6 months, taking into account wages, allowances, bonuses, etc. Payments that are one-time in nature are not taken into account, and days of vacation and illness are not taken into account.
For the first 12 days of illness, 80% of the average daily wage is paid, for the next – 100%, sick leave for one of the parents to care for a child under 14 years old or a disabled child under 18 years old is paid at a rate of 100%.
For some categories, sick leave is paid according to different rules, for example, for persons who have worked for less than 6 months; moved to a new job; unemployed; Individual entrepreneurs, lawyers, notaries and other persons.
Grounds for termination of an employment contract in Belarus
The issue of termination of employment contracts is regulated by Ch. 4 of the Labor Code.
In the Labor Code, various terms are used to denote the end of labor relations: “termination”, “termination”, dismissal ”.
An employment contract can be terminated only on the grounds established by the Labor Code.
The general grounds for terminating an employment contract include:
- agreement of the parties (an employment contract concluded for an indefinite period, as well as an urgent one, can be terminated at any time by agreement of the parties to the employment contract);
- expiration of a fixed-term employment contract;
- termination of the employment contract at the request or at the request of the employee, or at the initiative of the employer;
- transfer of an employee, with his consent, to another employer or transfer to an elective office of an employee;
- circumstances beyond the control of the parties;
One of the grounds for terminating an employment contract on the initiative of the employer is to reduce the number or staff of employees. This foundation has a number of features and limitations.
Compulsory health insurance for employees in Belarus
Compulsory insurance against industrial accidents and occupational diseases is one of the largest insurance programs in the Republic of Belarus.
The implementation of such insurance is entrusted to BRUSP “Belgosstrakh”.
The procedure and conditions for compulsory insurance are regulated by the Regulations on insurance activities in the Republic of Belarus.
The insured are citizens of the Republic of Belarus, foreign citizens and stateless persons living or temporarily staying in the Republic of Belarus, who:
- work on the basis of labor agreements (contracts);
- work on the basis of civil law contracts, the subject of which is the performance of work, the provision of services or the creation of intellectual property objects, in the places provided by the insured;
- perform paid work on the basis of membership (participation) in production cooperatives;
Minimum wage in Belarus in 2023
From 01.01.2023, in accordance with the resolution of the Council of Ministers of the Republic of Belarus dated 08.12.2022 No. 854, the monthly minimum wage is set at 554 rubles.
A collective agreement (agreement) may establish a different amount of the monthly minimum wage, but not less than the amount of the monthly minimum wage established by the Government.
Dismissal compensation in Belarus
Upon dismissal of an employee, the employer is obliged to pay all amounts due on the day of dismissal.
Depending on the nature of the work, the conditions contained in the employment contract, the employee may be paid:
- compensation for unused vacation
- bonuses
- temporary disability benefits and others.
Monetary compensation for full leave is paid if the employee has worked the entire working year by 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.
How to find us
If you want to use our EOR services in Belarus. Discuss the possibility of their provision, as well as receive a price offer, please contact us:
- + 375 29 366 44 77 (Telegram, WhatsApp, Viber)
- Email: info@spex.by
