Alexander Khristoforov held a 'direct line' with residents of the Vitebsk region on labor law issues
You have the right
"Under what conditions is a probationary period established when hiring?"
Maria, Vitebsk region.
– The establishment of a preliminary probation period upon hiring is allowed only by agreement of the parties; all conditions must be reflected in the employment contract and the hiring order. If the applicant refuses to work under such conditions, the employer has the right to conclude an employment contract with them without a probationary period or to refuse employment. The duration of the preliminary probation period shall not exceed three months, excluding the period of temporary disability and other periods when the employee was absent from work.
The Labor Code establishes categories of employees for whom a probationary period is not set. These include minors, young workers (employees) who have received vocational and technical education, young specialists, disabled persons, temporary and seasonal workers, when transferred to work in another locality or to another employer, when hired through competition, based on election results, and in other cases provided for by legislation.
"I am registered as unemployed. Can I be sent for training? Is a scholarship paid in this case, and how much?"
Konstantin, Vitebsk.
– Unemployed citizens or citizens caring for a child under the age of three (except for those on childcare leave up to three years old), registered with the employment service, can be sent for training if it is impossible to find suitable work in their specialty or in accordance with their qualifications, or if medical contraindications for its performance arise.
A scholarship is awarded from the first day of training. It is calculated individually in each case, but not less than one and a half times the minimum unemployment benefit for the given unemployed person and not more than three base amounts.
In addition, if professional training takes place outside the unemployed person's place of residence, their travel expenses will be reimbursed. Also, during the training period, citizens may receive monthly financial assistance.
It is worth noting that those studying under the direction of the employment service can combine their free time from classes with employment in unskilled labor, as well as temporary work in the profession (specialty) for which they are being trained. However, the labor, employment, and social protection authorities must be notified in advance.
"Can the employment service help a person with a disability find employment?"
Andrey, Postavy.
– The state sets quotas (reservations) for employers of all forms of ownership for the employment of people with disabilities. To familiarize themselves with the list of vacancies available at enterprises, receive assistance in employment, or vocational training, unemployed people with disabilities who wish to work and have appropriate work indications based on an individual rehabilitation program developed by the MREK can contact the labor, employment, and social protection departments of district executive committees.
"I am raising a disabled child aged 16, she has been admitted to a lyceum in Minsk and will live there. Do I have the right to a day off per week, while living in Vitebsk?"
Nadezhda, Vitebsk.
– One of the conditions for granting a parent a day off per week is raising a disabled child under the age of 18 or three or more children under the age of 16 in the family. The instructions do not provide for the condition of mandatory residence of children in the family. This means that you have the right to one day off per week, and you can apply to your employer with a corresponding statement for this.
Terminate the contract
"In what cases can an employer dismiss a young specialist who has not worked the established period under the distribution?"
Ilya, Vitebsk.
– A young specialist can be dismissed only in a few cases. If they are moving to an elected position, if the educational institution has decided on their redistribution or on issuing them a certificate of independent employment, if they are enrolled in full-time education at a higher level (stage) educational institution, if the employer has violated labor laws, the collective agreement, or the employment contract. At the initiative of the employer, a young specialist can be dismissed in case of liquidation of the organization, reduction of staff, non-compliance with the position held or work performed due to insufficient qualifications, absence from work for more than 4 consecutive months due to temporary disability (excluding maternity leave), as well as for reasons beyond the control of the parties.
“Can an employee working under a contract resign before its term expires, and in what order?”
Anastasia, Orsha district.
– A contract (fixed-term employment contract) can be terminated at any time by agreement of the parties, on the initiative of the employee or the employer. If the parties have agreed on the termination of employment relations from a specific date, then the employee can only refuse to be dismissed and withdraw their application by agreement with the employer.
A contract can also be terminated early at the employee's request in case of illness or disability preventing them from performing work under the contract (based on a medical report), violation of labor laws, collective or employment agreement by the employer, and for other valid reasons.
The fact of violation of labor laws, collective or employment agreement by the employer is established by the Department of State Labor Inspectorate of the Ministry of Labor and Social Protection of the Republic of Belarus or by a court. If the contract is terminated for this reason, the employer is obliged to pay the employee severance pay in the amount of three average monthly salaries.
Other valid reasons for contract termination include, for example, retirement, relocation to another area for permanent residence, and other reasons that prevent or hinder the performance of work under the employment contract. The employer assesses the validity of the grounds in each specific case.
Before the employer makes a decision to terminate the contract, the employee is not entitled to stop working, as they may be dismissed for other reasons, such as absenteeism.
"When must the employer notify the employee of the contract termination, and what is their liability if they fail to do so on time?"
Viktor, Lepel.
– Each party, no later than one month before the expiration of the contract term, is obliged to notify the other party in writing of the decision to continue or terminate the employment relationship.
Failure by the employer to comply with this condition may be recognized by the court as a violation of the established procedure for dismissing an employee. However, this does not entail the reinstatement of the employee in their position, but may be grounds for the court to decide on compensation for moral damages, if a claim for this is made.
"An employee was taken into custody. Six months later, in September, by court verdict, he was sentenced to imprisonment. What date should he be dismissed?"
Natalia Viktorovna, Vitebsk.
– The date of termination of the employment contract with the employee will be the date on which the court verdict enters into legal force.
Pay on time
"How should the salary accrued to an employee of the enterprise who died before receiving it be paid?"
Irina Vasilievna, Polotsk.
– The death of an employee is grounds for termination of the employment contract due to circumstances beyond the control of the parties. All payments (except those determined by the results of work for the month or other reporting period) not received by the day of the employee's death shall be made to his family members or persons dependent on him on the day of his death, no later than seven calendar days from the date of submission of the relevant documents to the employer.
"I was dismissed on August 26, received my final pay on the day of dismissal, but the bonus was paid only in September. Is this a violation?"
Alexander, Vitebsk.
– Payments, the amount of which is determined by the results of work for the month or other reporting period, shall be made in the manner established by local legal acts, no later than the day of payment of wages for the reporting period to the employees of the organization. Thus, if the organization provides for the calculation and distribution of bonuses based on monthly results, then paying you the bonus in September does not contradict the legislation.