Legal Aspects

Labour and labour-related relations shall be regulated on the basis of:

• the Constitution of the Republic of Belarus;
• the Labour Code;
• the collective agreement, covenants, or any other local normative acts signed and adopted in compliance with the Belarusian legislation.

Local normative acts, as compared to the laws of labour, may not contain provisions that deteriorate conditions of the employed. Belarus shall recognize priority of generally-accepted principles of the International Law, and ensures compliance of the legislation of labour therewith. The norms of any acting international treaties of the Republic of Belarus, or conventions of the International Labour Organization, to which Belarus is a member-state, shall be deemed a part of the labour legislation in force in the territory of the Republic.

Labour Contract

Labour contracts may be signed for:

• an indefinite time;
• any fixed period (not more than five years);
• the period during which the permanent worker (for whom his/her job place is reserved) will be temporary absent; and
• the period of any seasonal work.

The contents and terms of any labour contract shall be deemed agreed between the parties, subject to meeting the following mandatory requirements:

• data on the employee and employer;
• the place of work, indicating the structural subdivision;
• labour duty (work within one or more professions, specialties, positions; indication of qualification, functional duties, job description); names of professions, positions, specialties shall correspond to the same listed in the skills manual approved in accordance with the procedure established by the Government of the Republic of Belarus;
• the main rights and duties of the employee and employer;
• the period of the labour contract;
• the order of labour and leasure;
• the terms of labour remuneration (including the base wage rate (salary scale) of the employee, extra-payments, increments and incentive payments).

Any labour contract may provide for additional conditions, i.e. to fix trial period, bind by obligation to work (after getting training/education, provided that such training/education was paid at the expense of the employer) for a definite period established by such contract; as well as any other provisions that do not deteriorate conditions of the employed as compared to the legislation and the collective agreement. Any labour contract may be changed only by consent of the parties.

Remuneration of Labour. Leaves

Remuneration of labour of the workers shall be made on the basis of by-the-hour and monthly base wage rates (salary scales) fixed by the collective agreement, covenant, or by the employer.

The employer shall undertake to deduct, to the Social Welfare Fund, 35% of all payments due to the employee, in monetary form and/or in kind. The Government shall fix the amount of minimum salary, i.e. mandatory amount of monetary or in-kind payments to the employee by the employer within a month, proceeding from the minimum consumer’s budget.

Salary shall be paid on regular basis on the days specified by the collective agreement, covenant, or labour agreement, but at least twice a month. Should such salary be unpaid or delayed through the employer’s fault, the head of such economic entity may be called to administrative account (penalty).

Average salary in Belarus made 868.2 thousand roubles in March 2008 (approximately USD 300). It is worth mention, that salary level in Minsk is somewhat higher than in the regions. Salaries in commercial companies make from 300 to 800 US dollars.

The employees shall be entitled to labour and social (matrimony, care for children, on-service training/education, etc.) leaves. Duration of the basic minimum leave may not be less than 21 calendar days (obligatory for all employers). The employer shall be entitled to increase duration of such basic minimum leave of his employers at his own expense.

Employment Agencies

At present, about two dozens of employment agencies and consulting companies are operating in Belarus. On average, the term of choice of specialists makes from 1 to 3 weeks. Cost of services is from 12 to 17% of the annual income of such specialist.

The following large employment agencies are operating in the manpower and consulting market: Practicum, The 21st Century, Here and There, Personnel Plus, Discovery Collection, etc.