Amendments to the Labour Code of the Republic of Belarus
On January 1, 2024, a new edition of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code) came into force.
Amendments were made to the Labor Code that strengthened social and labor guarantees for workers, adjusted standards on working hours, remote work, electronic forms of interaction between employer and employee, innovations appeared in the provision of labor and social leave, and much more.
Oksana Shakhlai, lawyer, head of the Labor Law practice of GRATA International, Belarus has prepared a brief overview of the main changes.
What has changed since January 1, 2024?
- Frequency of salary payment
Salaries will be paid at least twice a month, regardless of what type of employment contract is concluded with the employee. That is, employees with whom a contract is concluded will also need to be paid wages at least twice a month.
- Division of labor leave into parts
In organizations where there are no collective agreements, it will be possible to divide the employee’s leave into more than two parts. This must be specified in the LPA, for example, in the PVTR. At the same time, one part of the vacation must be at least 14 calendar days.
- Vacation pay
When providing vacation according to a schedule, vacation pay will be paid no later than 2 days before the start of the vacation. However, if the employee is not given leave according to the schedule, then, with his consent, payment must take place no later than 2 working days from the start date of the leave.
- New rules for remote work organization
Remote work can be permanent, temporary (continuously for up to 6 months in a calendar year), combined, involving alternating work at the employer’s location and remotely.
- Carrying out personnel actions electronically
The Labor Code has introduced a norm allowing certain personnel actions to be performed electronically. Electronic interaction between an employee and an employer is possible only when the software and hardware used by the employer allow the employee to be uniquely identified or an electronic digital signature must be used.
- Providing a day(s) for medical examination
When undergoing medical examination, employees have the right to be released from work while maintaining their place of work, position and average earnings at the place of work during this time. The number of days to undergo a medical examination and the frequency of the examination depend on the age of the employee.
- Providing social leave for family and domestic reasons
The duration of such leave can be no more than 30 calendar days in a calendar year. But its duration can be increased by a collective agreement, another LPA, or the employer. In total, it should not exceed 3 months (90 days) during the calendar year.
The employer may provide for the provision of no more than 3 calendar days to the employee with retention of salary for each of the following reasons: the birth of a child, registration of marriage, death of close relatives (family members), other valid reasons.
- Duration of work on the pre-holiday day
On the pre-holiday working day, for part-time workers, including part-time workers, the duration of working hours on the pre-holiday day will be reduced in proportion to the duration of their working hours.
- Break for rest and food
It is possible not to provide a lunch break to an employee with his consent if the duration of his daily work is no more than 4 hours.
All these changes should be reflected in local documents, such as:
- employment agreements (contracts);
- internal labor regulations;
- position on remuneration and bonuses;
- collective agreement, if available in the organization, and other documents.