Employing Workers
1.
Businessmen, lawyers and notaries have the right to suspend their activities in the case of maternity leave for a period up to 3 years. They have also the right to apply for maternity aid and receive it for a period up to 3 years.
Reform influence: Workers and self-employed persons have equal right to maternity leave for a period up to 3 years. In case when employers combine their job with their own small business or craft, they are provided with a maternity aid.
Entered into force: 22 October 2013
Legislation:
Decree of President of Belarus No. 462 of 9 October 2013
2.
The practice of payment of medical benefits and prenatal allowances has been modified.
The benefits are granted for calendar days verified by form of disability (before – for working days/hours according to the schedule of worker)
For the first 12 days of illness the amount of medical benefit is 80% of average daily salary (before – first 6 days). Subsequent days of constant illness are renumerated by 100% of the average daily salary.
The amount of medical benefits and prenatal allowances depends on the average daily salary, counted for 6 month subsequent to allowance (before – 2 month).
The minimal amount of medical benefits and prenatal allowances is granted in case of non-payment of contribution for state social insurance for a period more than 6 month subsequent to allowance. In this case the amount of medical benefits and prenatal allowances is 50% of the subsistence level (established by the Government of Belarus) for two month subsequent to illness or pregnancy (within 2 month after the illness or pregnancy) (New)
Reform influence: optimization of social expenditures, promotion of a healthy lifestyle, prevention of social dependency.
Entered into force: 11 July 2013
Legislation:
Resolution of the Counsil of Ministers of Belarus No. 569 of 28 June 2013
3.
The possibility of concluding an employment contract between employees and individuals or small commercial organizations by mutual agreement of the parties is settled. Wherein in this case there’s no need to prescript the kind of work or working conditions in employment contract.
Reform influence: New version of Law contains neither duration nor any other conditions sine qua non of employment contract. That will increase the speed of respond of individuals or small commercial organizations to indogenous changes of economy. Also it will reduce informal employment.
Entered into force: 25 July 2014
Legislation:
Law of the Republic of Belarus No. 131-З of 8 January 2014.
4.
Amendments to labor law stipulate optimal conditions for resolution of collective labor disputes in commercial organizations and extension of their self-sufficiency.
- Republican Labor Arbitration has been dissolved. Collective labor disputes could be considered by:
- Commission of conciliation
- Mediator
- Council of conciliation
- Consideration of collective labor dispute by commission of conciliation is mandatory.
Council of conciliation could be created only by mutual agreement of the parties of collective labour dispute.
Reform influence: It changed the way in which the commission of conciliation is formed.
There’s no need to include in the commission of conciliation neutral committeeman elected by the parties of collective labor dispute or appointed by Republican Labor Arbitration.
According to Item 101 of Labor Code during the period of functioning of council of conciliation every counselor has guarantees. It is settled that counselor could not be dismissed from his work to participate in council of conciliation longer that one month a year.
Minsk City Executive Committee and Regional Executive Committees keep the list of citizens who have the right to be a counselor.
The Directorate for State Labor Inspection of the Ministry of Labor and Social Protection of Belarus is responsible for registration of collective labor disputes and councils of conciliation.
Entered into force: 25 July 2014
Legislation:
Law of the Republic of Belarus No. 131-З of 8 January 2014
Decree of President of Belarus No. 320 of 23 July 2013
5.
Father, other members of family, guardians got the right to maternity leave.
Reform influence: Right of father, other members of family and guardians to maternity leave is useful in case of actual employment of child’s mother (service, work, study) or her self-employement (individual businessman, notary, lawyer, artisan or farm tourism activity).
In case of guardianship and custodymaternity leave is provided to working guardian.
Maternity leave should be suspended in case of pregnancy leave. It continues as usual – by application to the employer.
If there are more than two infants in the family only one parent have the right to maternity leave.
The Right to maternity leave could be provided to stepmother if it wasn’t used by child’s father, another relative or member of family.
These amendments will help to explore labor activity of citizens with family commitments.
Entered into force: 25 July 2014
Legislation:
Law of the Republic of Belarus No. 131-З of 8 January 2014
Decision of the Constitutional Court of Belarus No. Р-627/2011 of 4 October 2011.