General provisions of the labor legislation of the Republic of Belarus
Before employing in Belarus: what you should know?
The right to work is directly enshrined in the Constitution of the Republic of Belarus. Citizens have the right to work in state and private organizations of Belarus, receiving monetary remuneration. The right to work arises from the age of 16 or upon acquiring full legal capacity at the age of 14.
Employee – a person performing a labor function in accordance with the concluded labor contract.
Employer – an organization or individual entrepreneur who uses the labor of employees to carry out their activities.
Labor contract – an agreement between the employee and the employer on the procedure and conditions for the employee to perform his labor function.
Working hours in Belarus
As a general rule, working hours are set at no more than 40 hours per week. It turns out, in most cases, this is an 8-hour working day and two days off a week. By agreement with the employer, the employee may be set to work part-time. So, an additional day off is possible, when the employee works 4 days a week instead of 5. In such cases, payment is made in accordance with the hours worked.
According to labor law, one extra day off per week may be granted to a mother or father, due to the need for additional care for a child under 5 years of age. To this end, the employee must apply to the employer with a corresponding statement. If the decision is positive, the employer issues an order for the employee to switch to part-time work.
In accordance with the norms of labor law, during the working day, the employee is given a break for rest and meals lasting at least 20 minutes and no more than two hours.
Employment of Record in Belarus
Labor contracts, depending on their duration, are divided into types. Thus, an employment contract can be concluded for an indefinite period (open-ended employment contract). An employment contract can be concluded for up to 5 years (fixed-term employment contract). There are also employment contracts for seasonal work, for the duration of the duties of an employee who has gone on maternity leave, for the duration of a certain job.
Public holidays in Belarus
The Government of the Republic of Belarus has determined holidays and memorable dates when all employees are exempted from performing their labor functions. These are January 1.2 (New Year’s holidays), May 9 (Victory Day), July 3 (Independence Day) and other holidays and memorable dates.
Work permit in the Republic of Belarus
Foreign citizens wishing to work in Belarus must obtain a special work permit. To do this, a foreign citizen must apply for a job in Belarus to the department of citizenship and migration of the region where he is temporarily registered.
The application must be accompanied by a copy of the passport, a receipt for payment of the state fee and a color photograph of 30 mm by 40 mm. The size of the state fee for filing such an application is set at 5 basic units (the basic amount is 29 Belarusian rubles).
Deadline for consideration of an application for a work permit in Belarus
The Executive Committee considers the application of a foreign citizen for obtaining a work permit in Belarus within 15 calendar days.
What nationalities can work in the Republic of Belarus without special permission
It is not necessary to obtain a special work permit for citizens of the following states:
– Russian Federation;
– Armenia;
– Kazakhstan;
– Kyrgyzstan.
Civil contracts can be concluded with citizens of the above countries.
Work in the Hi-Tech Park. EOR services in Belarus in HTP.
HTP residents are exempt from the obligation to obtain special work permits for foreigners. A foreign citizen employed by the HTP can obtain a temporary residence permit in a simplified manner. Also, visas for foreign workers and founders of the HTP have been canceled. The maximum allowable period of stay in Belarus for foreign workers and founders of HTP residents has been increased – now it is up to 180 days.
Business trips in Belarus
Labor legislation determines that a business trip is considered to be the departure of an employee to another locality (not at the main place of work) to perform an official assignment. From the day of moving into a dwelling in another locality until the day of leaving it, the employee shall be reimbursed for the cost of renting a dwelling.
It is prohibited to send disabled workers and pregnant women on business trips without their consent.
Probationary period for employees
A probationary period may be established for employees in order to determine their ability to perform a job function, business and professional qualities. The maximum probationary period is 3 months. A longer probationary period is not allowed, since it is considered a significant deterioration of the employee’s legal status.
A probationary period cannot be established for disabled workers.
Payroll tax in Belarus. Hiring in Belarus. PEO services in Belarus.
The payroll tax in the Republic of Belarus is set at 13%. Otherwise, this type of tax is called income tax. From the wages of workers in Belarus, deductions also go to the Fund for Social Protection and Employment of the Population, where 1% is paid by the employee, and 34% is paid by the employer.
Privileges and guarantees for employees in Belarus
The Republic of Belarus provides for a number of privileges and guarantees for employees. So, the guarantees for workers in Belarus include:
– one-time remuneration based on the results of work for the reporting period; in a year;
– material remuneration based on the results of work for the year;
– a one-time bonus for the performance of a particularly important work;
– a one-time premium for the growth of foreign exchange earnings received from the sale of products, goods (works, services);
– indexation of workers’ wages and other bonuses and guarantees.
Employees with whom a contract has been concluded are subject to a premium to the wage rate of up to 50%.
The legislation also provides for social benefits for Belarusian workers. This is a reduction in the cost of food, bonuses for holidays and memorable dates, material assistance for a wedding, the birth of a child, in connection with the death of a close relative, and others.
Labor disputes in the Republic of Belarus
Disputes arising from labor relations are considered by the labor dispute commission or in court. In court, claims for reinstatement at work, for the payment of lost amounts and others are subject to consideration. A person whose right has been violated by the employer may apply to the court with a statement of claim.
Remote work in Belarus
The concept of “remote work” has found its consolidation in the Labor Code of the Republic of Belarus relatively recently – in 2020. Remote work is very popular nowadays. This is due to both the coronavirus pandemic and the rapid development of information technology. Teleworking is working outside the employer’s workplace. It can be both remote and home-based.
A remote worker is drawn up in accordance with all the rules of labor legislation, has the right to pay sick leave, labor leave, standardized working hours and other privileges. Remote work is formalized by concluding an employment contract or another type of employment contract. An additional agreement to the labor contract is also drawn up, in which the parties prescribe the procedure and conditions of work, up to which messengers they will use to exchange work results.
