Grounds and conditions of termination of labour relations in Belarus

Employers and employees are required to comply with the law. The main document combining these obligations is the labour agreement.

One substantive part of the agreement is the part which defines grounds of termination.

Grounds of termination are set out in the Labour Code and other legislative acts.

Termination of labor relations may come from the employer’s initiative, the employee’s initiative, on common grounds or due to circumstances beyond the control of the parties.

Different kinds of grounds may be applied depending on the type of labour agreement. There are three types of labor agreements:

  1. Permanent Labour agreement
  2. Terminal Labour Agreement
  3. Contract

You may find more information in our article “Choices for formalizing a business relationship between a Company and an individual in Belarus”.

Let’s look at the grounds more detailed:

ON THE COMMON GROUNDS

Any type of agreement could be terminated on the grounds of:

1) Agreement of the parties (Art. 35 Sp.1 P.2).
2) Expiration of terminal Labour Agreement (Art. 35 Sp.2 P.2).
3) Transfer, with accords, to another employer (Art. 35 Sp.4 P.2).
4) Refusal of transfer together with employer to another job, to a different place, refusal of prolongation of work in changed conditions, refusal of prolongation work due to change of owner. (Art. 35 Sp5. P.2). Severance allowance is paid in a sum of not less than two weeks average wages.
5) Termination of Labour agreement due to failure of the trial period (Art. 29).

ON EMPLOYEE INITIATIVE

1) Termination of terminal Labour agreement on the employee’s decision (Atr.40). The employee can terminate the agreement one month in advance. The employee has the right to withdraw his notice if no one is asked to this job position.
2) Termination of permanent Labour agreement on employee request (Art. 41):

  • due to reasonable excuse. The employer assess the value of excuse. In case of dispute the valuation is assessed by a court.
  • due to violation of law by employer. Severance allowance is paid in a sum of not less than two weeks average wages.

ON EMPLOYER INITIATIVE (Art.42)

Any type of agreement could be terminated on the grounds of:
1) Liquidation of the organization, termination of the representative office, personnel reduction.
Employers have to notify employees about dismissal two month in advance. Severance allowance is paid in a sum of not less than 3 months average wages.
2) Non-conformity to occupied position due to health conditions. Severance allowance is paid in a sum of not less than two weeks average wages.
3) Non-conformity to occupied position due to inappropriate qualifications. Severance allowance is paid in a sum of not less than two weeks average wages.
4) Systematic failure to implement obligations without a reasonable excuse.
5) Unexcused absence.
6) Absence for more than four months due to health conditions.
7) Appearance to work under the influence of alcohol, drugs, or toxic substances, as well as drinking and using drugs at work during working time.
8) Embezzling company property.
9) One-time gross violation of safety rules which leads to injury or death.

ON THE GROUNDS OF CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES (Art.44)

Any type of agreement could be terminated on the grounds of:
1) Military conscription. Severance allowance is paid in a sum of not less than 3 month average wages.
2) Rehiring a previous employee for the same job position. Severance allowance is paid in a sum of not less than 3 month average wages.
3) Non-compliance with rules of hiring.
4) Non-election to the position.
5) Entry into legal force of a sentence under which an employee is sentenced to a punishment that excludes the right to work.
6) The death of the employee, judicial acceptance of the missing or the declaration of the dead.
7) Setting out a limitation that doesn’t allow the continuation of work.

Beyond the abovementioned grounds, labour agreements/contracts can be terminated on the grounds of:

For general manager:

1) Declaration of bankruptcy (Art. 258).
2) Owner’s decision to terminate labour relations with the general manager (Art. 259). The compensation determined in the labour agreement is paid for dismissal.
3) Early termination of the agreement on the general manager’s initiative (Art. 260). The general manager has the right to terminate the agreement, notifying the company one month in advance. He is paid compensation determined in labour agreement.

For a foreign employee:

1) Annulment of permission to attract foreign labor or special permission (of Article 36 Sp. 7 p.2 of the Law on External Migration).

Conditions on which a labour agreement can’t be terminated:

  • It’s forbidden to dismiss an employee, by the initiative of employer, during the period of temporary incapacity, vacation, or pregnancy; women with children under the age of 3 years; single mothers with children aged 3 to 14 years. There are exceptions.
  • It’s forbidden to dismiss, with expiration of the contract, persons of pre-retirement age; pregnant women; women on maternity leave; mothers, fathers and guardians on parental leave up to three years old without their agreement.

In cases of termination without legal grounds and non-compliance with the procedure of dismissal, the dismissed employee has the right to sue for reinstatement.

* The article is for informational purposes only. For a complete familiarization with the law, refer to the source. The material was prepared by reference to – The Labor Code of the Republic of Belarus, Decree No. 5, Law On External Labor Migration.

Contact us

Alena Agafonova
HR Expert, Minsk
+375 / 17 / 290 25 57

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