On Amendments to Laws Regarding Labor Relations in Belarus

The Law of the Republic of Belarus dated May 28, 2021 “On amendments to laws on labor relations” introduced further changes to the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code). These changes came into force on 06/30/2021. Let's look at the innovations.

1. The grounds for dismissal at the initiative of the employer as a disciplinary measure have been added (Clause 7, Article 42 of the Labor Code):

• absence from work due to serving an administrative penalty in the form of an administrative arrest that prevents the performance of work duties;
• forcing workers to participate in a strike, creating obstacles for other workers to perform their work duties, calling on workers to stop performing work duties without good reason;
• participation of an employee in an illegal strike, as well as other forms of employee refusal to perform labor duties (in whole or in part) without good reason.

2. Article 46 of the Labor Code has been amended - the need for prior notification of the trade union when terminating an employment contract with an employee on the above-mentioned three new grounds for dismissal is eliminated, as well as the possibility of including in collective agreements and agreements a requirement for the prior consent of the trade union for dismissal on these grounds.
3. Since it is not always possible to obtain an explanation from an employee regarding a disciplinary offense committed (for example, serving an administrative penalty in the form of an administrative arrest), the employer is now given the right to bring him to disciplinary liability in cases where obtaining an explanation is impossible with the execution of an act.
4. Disciplinary liability is established for illegal actions with personal data. New grounds for dismissal for violation by an employee of the procedure for collecting, systematizing, storing, changing, using, depersonalizing, blocking, distributing, providing, or deleting personal data are established in Article 47 of the Labor Code.
5. Article 49 of the Labor Code has also undergone changes. The employer has an additional basis for removing an employee from work - in cases where he calls on other employees to stop working without good reason.
6. Strikes.

Now, during strikes, it is prohibited to put forward political demands (Part 3 of Article 388 of the Labor Code). In addition, taking into account the amendments made to Article 395 of the Labor Code, a court decision declaring a strike or a decision to hold it illegal is subject to immediate execution.