Belarus

In Belarus, the employment landscape is primarily characterized by two types of agreements: Individual Employment Contracts and Collective Bargaining Agreements.

Individual Employment Contracts

Individual employment contracts are the most prevalent form of agreement between employers and employees in Belarus. These contracts, which must be in writing, specify the terms and conditions of employment. They include details such as the names of the employer and employee, date of signing, place of work, job description, working hours, overtime compensation, leave schemes, holidays, base salary, employee benefits, allowances, and mandatory social security benefits.

The duration of these contracts can vary, as outlined in the Belarusian Labor Code:

• Indefinite Term: The most common type of employment contract, offering the most security to the employee.
• Fixed Term (Up to 5 Years): These contracts are used for specific projects or positions and cannot exceed five years in duration.
• Fixed Term for Specific Work: This contract is used for a defined piece of work, with the employment ending upon completion.
• Seasonal Work: This is a fixed-term contract used for positions associated with seasonal industries like tourism or agriculture.
• Temporary Replacement: This short-term contract covers a period where an existing employee is on leave, but their position remains open for their return.

Collective Bargaining Agreements

Collective bargaining agreements are another common feature of the Belarusian employment landscape. These agreements are negotiated between employers and employee representatives, typically trade unions. They establish terms and conditions that apply to a broader group of employees within a company or industry. These agreements can cover a wide range of topics including wages and salaries, working hours, overtime pay, benefits, allowances, training and development opportunities, health and safety standards, and dispute resolution procedures.

Collective bargaining agreements are particularly important in Belarus, with approximately 95% of workers being members of trade unions. This means that these agreements play a significant role in shaping employment conditions across the country.

The Belarusian Labor Code outlines the mandatory inclusions for employment contracts. These essential clauses ensure both employers and employees have a clear understanding of their rights and obligations.

Mandatory Clauses

• Parties to the Agreement: This section identifies the employer and employee by name and any relevant registration details.
• Effective Date and Term: This clause specifies the start date and duration of the employment contract. It outlines whether the contract is indefinite, fixed-term (with specific duration), or for a specific project or seasonal work.
• Place of Work: This section details the physical location where the employee will perform their duties. It can also specify if remote work arrangements are possible.

Key Employment Conditions

• Job Description: This clause outlines the specific duties and responsibilities associated with the employee's position. It should provide a clear understanding of the expected work.
• Working Hours and Overtime: The agreement should specify the standard working hours per day and week, along with any overtime expectations and compensation rates.
• Remuneration and Benefits: This section details the employee's base salary, payment schedule, and any additional benefits such as health insurance, allowances, or bonuses.

Leave and Absence

• Vacation and Paid Time Off: The agreement should outline the employee's entitlement to annual paid vacation days and any other forms of paid leave, such as sick leave or maternity leave.

Termination

• Notice Period: This clause specifies the required notice period for either party wishing to terminate the employment contract.

While these are the mandatory clauses, additional elements can be included in an employment agreement to suit the specific needs of the employer and employee.

In Belarus, the probationary period is a common feature in employment agreements. This period allows both employers and employees to assess suitability for the role before committing to a long-term employment relationship.

Maximum Duration

Belarusian law establishes a maximum duration for the probationary period. The probationary period cannot exceed three months.

Notice Period During Probation

During the probationary period, both the employer and the employee have a shorter notice period for termination compared to a standard employment contract. A minimum of three days' notice is required for early termination during probation.

Employment agreements in Belarus can incorporate clauses to protect confidential information and restrict competition from former employees.

Confidentiality Clauses

Confidentiality clauses are a common feature in Belarusian employment contracts. These clauses define what is considered confidential information and detail the employee's obligations regarding its use and disclosure. The Labour Code of Belarus requires employers to specify how they process employee data and the measures taken to ensure confidentiality. This transparency protects employees' privacy while allowing employers to safeguard sensitive information.

Non-Compete Clauses

Unlike confidentiality clauses, non-compete clauses have a more restricted application in Belarus. Generally, non-compete clauses are unenforceable under Belarusian law. This means an employee cannot be legally prevented from taking up a similar position with a competitor after leaving their current job.

Exception: Hi-Tech Park Residents

However, there is one significant exception to the unenforceability of non-compete clauses. Companies residing within the Belarus Hi-Tech Park can include enforceable non-compete agreements in their employment contracts. These clauses come with specific requirements:

• Maximum Duration: The non-compete period cannot exceed one year after employment termination.
• Compensation: Employers must provide reasonable financial compensation to the former employee for the duration of the non-compete restriction. This compensation cannot be part of the employee's regular salary and must be at least one-third of their average monthly salary during the last year of employment.