Chapter 3 Regulation of Labour

Like most European countries, the Republic of Belarus has over the years enacted and implemented a variety of legislation designed to protect the well-being of the worker. Thus, there are laws guaranteeing minimum wages and laws regulating various issues arising in labour relations. In this part we examine some basic issues relating to labour relations, with reference to the relevant laws.

In Belarus employment relations are generally governed by provisions of the Labour Code of the Republic of Belarus..he Code applies to all workers who have entered into employment relations with employers. In fact, labour law is applicable also to the employment relationships with foreigners and persons without citizenship, unless otherwise provided by an international treaty. This Code, first enacted in 1999, contains provisions for continuity of employment, protection of employment, termination of employment, unfair dismissal, priority claims of employees on insolvency of employers and other issues. However, the legal system, existing in Belarus, does not assume, that all relations in any sphere can be covered by one comprehensive law. Therefore, there are specific legislative acts, regulating specific aspects of labour relations. There are a number of legislative acts supplementing the Code such as:

1. the Ministry of Internal Affairs of the Republic of Belarus Act on the Question of the Procedure of the Licensing Labour Relations of the Foreign Citizens;

2. the Law on the Obligatory Insurance Fee;

3. the Law on Legal Status of Foreign Citizens in the Republic of Belarus;

4. the Law on the Exterritorial Labour Migration.

The highest state authority responsible for the public policy of labour and employment is the Ministry of Labour and Social Protection of the Republic of Belarus.

The laws of the Republic of Belarus set quite strict rules regarding how a labour agreement should be concluded. First of all, labour agreement is defined as the agreement between the employer and the employee, by which the employee is obliged to carry out his duties in harmony with other employees; to obey the labour discipline; and the employer is obliged to provide the employee with the contractually agreed work, to comply with conditions of work（anticipated by the domestic legislation and the agreement between the parties）, and to pay salary on time.

The minimum age for conclusion of an employment agreement established by Article 21 of the Labour Code is 16.. labour agreement may also be concluded with a person who has reached the age of 14 with the written consent of at least one parent, tutor or guardian, to do some light work or participate in a professional sport, provided that it is not harmful to his/her health and not interfering with his/her studies. The Code prohibits the employment of persons under the age of 18 for doing heavy manual work or work involving harmful and/or dangerous conditions of labour（Article 274 of the Labour Code）.

Employers are required to prepare and deliver to employee a written labour agreement. The obligatory terms of a labour agreement are stipulated by the Article 19 of the Labour Code..mong them is that the agreement must states the names of the parties, place of work（with the description of the department）, description of the duties, main rights and obligations of the parties, termination of the agreement, timing of the work and rest（in case it differs from the general rules in this company）, method of the calculation of the salary（rate, bonuses and other payments）. Some procedural steps are also required by the law, such as that at least two copies of the labour agreement must be signed by the parties.

According to Article 17 of the Labour Law, the labour agreement may be concluded for:

1. an indefinite period;

2. a definite period（not longer than five years of duration）;

3. a period of performance of a certain work;

4. a period of replacement of a temporarily absent worker;

5. a period of seasonal work.

If a duration for the labour agreement is not stated in the agreement, the agreement shall be deemed to be concluded for an indefinite period of time. The date of the beginning of the work, indicated in the labour agreement, is deemed to be the date of actual admission to work.

Hours of work and rest are also strictly covered by the labour legislation. According to the Code, the work time is the time during which the employee should be in his/her workplace and perform their duties,.ncluding extra time, during holidays or days off, when the employee performs his duties as agreed with the employer. Schedule of work, is the order of the distribution of the daily and weekly working and rest hours, during a day, a week, a month and during other calendar periods fixed by the employer for the employees. The schedule of work for the employees is developed on the basis of the schedule of work adopted by the employer. The schedule of work is determined by the internal work order regulations or by the work schedule（shift schedule）.

The work time can be full-time or part-time. Full-time work should not exceed 40 hours per week（Article 112 of the Code）..he legislation also establishes shorter working times:

1. when the employee is engaged in heavy manual works and work in harmful conditions of labour, hours of work should not exceed 36 hours a week.

2. for young adults, between 14 and 16, working time should not exceed 23 hours a week.

3. for employees, aged between 16 to 18, working time should not exceed 35 hours a week.

4. for the employees engaged in secondary education or professional education, working during their free-time, working time should not exceed half of the normal work hours of their category.

5. for disabled people, working time should not exceed 35 hours a week.

6. For employees engaged in the radiation pollution zones, working time should not exceed 35 hours a week.

The working week is five or six working days, with common off-day being Sunday. The normal working day is of eight hours, with a one-hour lunch break. There are specific norms that regulate night work, work during weekends and on holidays, labour of juveniles, etc.

Articles 119-122 of the Labour Law deal with overtime..xcept when listed in the Code, an employee may be asked to undertake overtime work, only with his/her consent. It is strictly forbidden to order an employee to undertake overtime work, if that person is a pregnant woman or a woman having children below the age of three, or is below the age of 18, or is engaged in education on the days of the learning, or has been medically advised not to work extra hours.

Overtime work should not exceed 10 hours of work per week and 180 hours per year. Moreover, it is stated that the duration of the work hours（normal hours +overtime）should not exceed 12 hours per day. Overtime work, without consent of the worker, is allowed only in the following exceptional cases:

1. in the performance of work necessary for preventing emergency situations or acts of natural disasters, industrial accidents or immediate control of their consequences;

2. in the performance of work of public necessity pertaining to water, gas and heat supply systems, systems of lighting, sewerage, transport, communication so as to remove any accidental or unexpected circumstances interfering with their proper functioning.

The Code also provides the employer with the obligations for extra guaranties and compensation, in case the employee has to work on the weekends or holidays. The same rules are stipulated for night work.

Employees are entitled to labour and social holidays on the grounds stipulated by the Labour Code of the Republic of Belarus, during which employees are entitled to the average salary, called“vacation allowance”.

The labour legislation indicates that, unless otherwise stipulated in legislation,agreement or collective agreements, or an employer's deed, employees must have at least 24 calendar days of annual paid vacation..he annual vacation for the first year of employment is to be taken after one year of employment. At the request of an employee, annual vacation may be split. However, for some jobs and professions, the duration can be expected to be quite longer.

In addition, there are also public holidays including Christmas, the New Year, Women's Day, Independence Day and Labour Day.

In some organisations, where work has to be carried on continuously for production reasons, technical reasons or in order to provide uninterrupted service to the community, work may be arranged on a shift basis.

Employees with a five-day week should be given two consecutive days off, and employees with a six-day week should get one day off. Generally, Sunday is the day off. Each employee has to work not more than 42 hours per week..ork can be required on days off only with the consent of an employee according to Article 142 of the Labour Code; however, in exceptional cases it is possible to require an employee to work on the day off without such consent:

1. in the performance of work necessary for preventing emergency situations or acts of natural disasters, industrial accidents or immediate control of their consequences;

3. in the necessity to prevent accident;

4. in the performance of works of public necessity pertaining to water, gas and heat supply systems, systems of lighting, sewerage, transport, communication so as to remove any accidental or unexpected circumstances interfering with their proper functioning;

5. for the“911”medical personnel in order to provide immediate medical support.

Payment issues are also covered by the national legislation of the Republic of Belarus. According to it, the employer establishes the amount of wages, taking into account the complexity of work, skills of workers, working conditions, etc. However, it cannot be below the minimum wage, established by Unified Scale of the Republic of Belarus. The minimum wage is determined by the state（2,300,000 Belarusian rubles as of 1 January 2015）, although there is no upper limit on the wages that can be paid. At the same time the Unified Wage Scale of the Republic of Belarus may be applied in the establishment of wage payment conditions, though its application is not obligatory. Therefore, entities engaged in entrepreneurial activities have the right to choose any system of wage payment for employees, both with the application of the Unified Wage Scale and without it. In commercial organisations wages are usually paid for employees on the basis of the local normative legal acts, adopted by such organisations. Wage payments are included in the cost of production and sales of goods（works, services）and are also counted in the price formation and taxation.

One more quite interesting legislative rule for the Republic of Belarus is its social politics in the labour sphere. According to the Law on the Obligatory Insurance Fees, every legal person（whether it is a company or a citizen, including foreigners employed on the territory of the Republic of Belarus）has to pay obligatory insurance fee. Such fee should be paid when any financial payment（there are some exceptions stated in the Law）is received by the person. The size of such fee is fixed in Article 3 of the Law. For example, for the employer,28 percent from the amount of money and for the employee, one percent from the amount.

Article 11 of the Law on Legal Status of Foreign Citizens in the Republic of Belarus states that foreign citizens, permanently residing in the country, are allowed to work and to perform business activities, as citizens of the Republic of Belarus..n case the foreign citizen has the status of temporary resident, the rules of work are regulated by the special legislation. For some types of jobs special licensing might be required, according to the Act on the Question of the Procedure of the Licensing Labour Relations of the Foreign Citizens.

Therefore, foreigners can temporarily stay, temporarily reside or permanently reside in the territory of the Republic of Belarus.

Foreigners, who do not have permission for the temporary or permanent residence are subject to the rules of the regime of temporary stay. The term of temporary stay of a foreigner on the territory of the Republic of Belarus depends on the type of visa and cannot exceed 90 days in a year, which is basically a general rule for the European Union as well. International agreements of the Republic of Belarus may provide longer terms of temporary stay in the Republic of Belarus, without the foreigners obtaining permission for temporary or permanent residence. The same law regulates the visa regime for foreigners, applying for employment in Belarus. However, there is no requirement for obtaining visas for citizens of Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, the Russian Federation, Moldova, Uzbekistan, Tajikistan and Ukraine. It is also stated that Venezuelan citizens with valid official passports can enter, exit, stay in the Republic of Belarus or be in transit through the territory of the Republic of Belarus without a visa, provided that their stay does not exceed 90 days.

Currently the state has the following types of visas:

1. B（transit visa）. It is issued for a single, double and multiple transit passage through the territory of the Republic of Belarus till the end of the declared time that cannot be more than one year and is valid within two days from the date of entry of the foreigner into the territory of the Republic of Belarus.

2. C（short-term visa）. Short-term visa is issued for single, double and multiple entry into the territory of the Republic of Belarus till the end of the declared time that cannot be more than 90 days for certain purposes including labour activity.

3. D（long-term visa）. Long-term visa is issued for one year with the right to stay on the territory of the Republic of Belarus for up to 90 days for certain purposes.

As a general rule, short-term visa C（with the right to be employed）is required for persons willing to enter the country for the purpose of work on the basis of the labour agreement.

One more important point is that, in some cases, foreigners can obtain a longterm visa（type D）, for example, to maintain business relations on the basis of agreement between a Belarusian company and a foreigner or foreign company where he works, which confirms the presence of a stable business relationship, or documents of the Belarusian company, confirming that the foreigner is a director or founder of a commercial organisation with foreign investments. Long-term visa may also be obtained by foreign nationals working on the staff of a representative office of a foreign organisation. Visas described above are issued by diplomatic missions and consular offices of the Republic of Belarus.

Citizens of states, which have no diplomatic missions and consular offices in the Republic of Belarus, apply for visa to the General Consular Department of the Ministry of Foreign Affairs of the Republic of Belarus and bodies of border guard of the Republic of Belarus.

Belarusian legislation provides foreign citizens with more opportunities. In case a foreigner wishes to stay in Belarus for more than 90 days in a year（or longer than the term determined by the international agreement）, they will have to get permission for temporary or permanent residence..irstly, the temporary residence status should be analysed. It is stated in Article 48 of the Law on Legal Status of Foreign Citizens in the Republic of Belarus that foreigners, who entered Belarus for certain purposes, including labour, business and other activities, can apply for temporary residence. However, the duration cannot be longer than one year. The decision to grant such a permission is made by the body of internal affairs at the domiciliary place of a foreigner. Secondly, foreigners can also apply for permanent residence. To apply for this status, foreigners must have the reasons from the list in Article 53 of the Law on Legal Status of Foreign Citizens in the Republic of Belarus. For example,

a. the foreigner is the employee or a specialist needed by a Belarusian company;

b. the foreigner has exclusive talents or qualifications, or superior achievements needed in the Republic of Belarus, high achievements in scientific, technical, cultural or sports;

c. the foreigner is an investor who made an investment of more than EUR 150,000 in investment business in the territory of the Republic of Belarus.

The document, providing such status, is issued by the Ministry of Internal Affairs and by other bodies of internal affairs only for certain categories of foreigners, determined by the legislation of the Republic of Belarus.

Multiple entry-exit visas:foreigners who obtained permission for temporary residence can get entry-exit visa, including a multiple one. Such a visa is issued by the citizenship and migration office of the internal affairs bodies for the term up to one year but not longer than the term of the permission for temporary residence.

Article 41 of the Law on Legal Status of Foreign Citizens in the Republic of Belarus also states that every foreigner staying in Belarus must register in the domiciliary body of internal affairs within five working days..nternational agreements of the Republic of Belarus can provide longer terms of stay in the country without registration in the domiciliary body for certain categories of foreigners. For example, the citizens of Lithuania, Latvia, Russian Federation and Ukraine can stay on the territory of the Republic of Belarus without registration for 30 days from the day of entry. In case of stay on the territory of Belarus for more than 30 days they are bound to register in the domiciliary body in general order.

As stated above, there are no restrictions on foreigners with the status of permanent residence on the territory of the Republic of Belarus and such foreigners have the same rights in the labour sphere as the citizens of the Republic. In case a foreigner has no permanent residence, they still has the right to labour activity, provided he has special permission to engage in labour activity and conclude a labour agreement. These rules are found in the Ministry of Internal Affairs of the Republic of Belarus Act on the Question of the Procedure of the Licensing Labour Relations of the Foreign Citizens. Firstly, the employer has to get special permission if the company wants to conclude labour agreements with more than 10 foreigners..hen, special permission is issued to the foreigner who wants to conclude a contract on the basis of the written application of the employer. The documents must be submitted to the Department of Citizenship and Migration, at the place of the employer company's registration. A labour agreement concluded with a foreign citizen who does not have permission for permanent residence in the Republic of Belarus must contain additional conditions defining the order, conditions of termination, amendment and prolongation of the labour agreement, and also conditions of transfer to the Republic of Belarus, nutrition, living, medical service. The agreement is concluded in the written form in Russian and/or Belarusian language, and also in the native language or other language known to the foreigner.

The term of labour agreement cannot exceed the duration of the special permit. A special permit is granted to a foreigner on the request of the employer by citizenship and migration subdivisions of internal affairs bodies of the Republic of Belarus for the term of one year. There is no need to receive special permission for labour activity in the Republic of Belarus for foreigners who:

1. have permissions for permanent residence in the Republic of Belarus;

2. are being employed in accordance with an international agreement of the Republic of Belarus（for example, citizens of Russian Federation that are excluded from the regulation on attraction and usage of foreign labour force）;

3. work in representative offices of foreign organisations in the Republic of Belarus, within a quota specified in the permission for these offices.

Foreign citizens who do not have permission for permanent residence in the Republic of Belarus can seek employment by themselves or with the assistance of companies, entrepreneurs and foreign organisations that render recruitment services. However, citizens of Belarus and foreign citizens permanently residing in Belarus, have the priority right to employment. Also this law sets responsibility for concluding labour agreements without such permission.

Belarus legislation also pays attention to employees'health insurance, there is a provision in Article 224 of the Labour Code that the employer has to insure employees against accidents and possible occupational diseases..isputes arising from labour relations are generally resolved by the courts of general jurisdiction or by the agreement between parties.