Belarusian labor law governs the termination of employment contracts, outlining specific procedures, notice periods, and severance pay requirements. Employers must adhere to these regulations to ensure lawful terminations and avoid potential disputes. Understanding the nuances of Belarusian termination law is crucial for businesses operating in the country.
Terminating an employee in Belarus requires careful attention to detail. Employers must follow a specific process, provide adequate notice, and, in some cases, offer severance pay. Failure to comply with these requirements can lead to legal challenges and financial penalties. The grounds for termination are also clearly defined in the legislation, distinguishing between terminations with and without cause.
Notice Period Requirements
The required notice period depends on the type of employment contract and the reason for termination.
- Fixed-term employment contract: If the employer terminates the contract early, they may be required to pay compensation equal to the employee's average earnings for the remaining term of the contract.
- Indefinite-term employment contract: The minimum notice period is generally one month. However, collective agreements or individual employment contracts may stipulate longer notice periods.
| Employee Category | Minimum Notice Period |
|---|---|
| Standard Employee | 1 month |
| Employee during Probation | 3 days |
| Managerial Staff | 3 months |
Severance Pay Calculations and Entitlements
Severance pay is mandatory in certain termination scenarios. The amount of severance pay depends on the reason for termination and the employee's length of service.
- Termination due to redundancy or company liquidation: Employees are entitled to severance pay of at least three months' average salary.
- Termination due to employee's refusal to transfer to another location: Employees are entitled to severance pay of at least two weeks' average salary.
- Other reasons specified in the Labor Code: Severance pay may also be required in other specific situations outlined in the Labor Code.
The severance pay is calculated based on the employee's average daily or hourly earnings, multiplied by the number of working days or hours in the applicable period.
Grounds for Termination With and Without Cause
Belarusian labor law distinguishes between termination with cause (justified) and without cause (unjustified).
Termination with cause:
- Employee's fault: This includes violations of labor discipline, such as absenteeism, lateness, intoxication at work, theft, or disclosure of trade secrets.
- Redundancy: This occurs when the employer eliminates positions due to economic or technological changes.
- Inability to perform duties: This may be due to health reasons or lack of qualifications.
Termination without cause:
- Expiration of a fixed-term contract: Unless the contract is renewed, it automatically terminates upon expiration.
- Agreement of the parties: The employer and employee can mutually agree to terminate the employment contract.
Procedural Requirements for Lawful Termination
To ensure a lawful termination, employers must follow a specific procedure:
- Documentation: Gather all relevant documentation, such as performance reviews, disciplinary records, or evidence of redundancy.
- Notice: Provide the employee with written notice of termination within the required timeframe.
- Consultation: In some cases, consultation with the trade union may be required.
- Order of Termination: Issue a formal order of termination, specifying the grounds for termination and the effective date.
- Final Settlement: Pay the employee all outstanding wages, compensation for unused vacation, and any applicable severance pay on the last day of employment.
- Record Keeping: Maintain accurate records of the termination process.
Employee Protections Against Wrongful Dismissal
Belarusian labor law provides employees with several protections against wrongful dismissal.
- Right to appeal: Employees have the right to appeal a termination decision to the labor inspectorate or the courts.
- Reinstatement: If a termination is found to be unlawful, the employee may be reinstated to their former position.
- Compensation: Employees may be entitled to compensation for damages caused by wrongful dismissal, including lost wages and moral damages.
- Protection for certain categories: Certain categories of employees, such as pregnant women and employees on sick leave, are afforded additional protection against termination.
