Understand the key elements of employment contracts in Belarus
In Belarus, the employment landscape is primarily characterized by two types of agreements: Individual Employment Contracts and Collective Bargaining Agreements.
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:
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.
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.
Belarusian law establishes a maximum duration for the probationary period. The probationary period cannot exceed three months.
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 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.
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.
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:
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