Trasianka

Moscow Standard Time (UTC +3)

Undoubtedly, payroll is a critical process for any organization. The pay cycle in Belarus refers to the period for which an organization pays its employees, and this can vary depending on the pay frequency that the organization chooses to adopt.

In Belarus, the pay frequency is usually hourly or monthly.

In Belarus, a 13th-month salary is not compulsory by law, but it can be paid as a bonus if needed.

Belarus minimum wage has been raised, effective January 1, 2023. The monthly minimum wage has increased from BYN 483.17 to BYN 554.

Effective January 1, 2024, the Belarusian government has increased the monthly minimum wage by 13% to 626 BYN from 554 rubles.

• pregnant women
• employees under the age of 18
• employees who are enrolled in general secondary education, evening or part-time schooling at the level of general secondary education, or vocational and technical education, on the days of school or training sessions
• employees who are released from overtime work in accordance with the conclusion of the Medical Advisory Commission
• certain other categories of employees as set out in legislation

In Belarus, the duration of overtime work must not exceed ten hours per working week and 180 hours per year, and the duration of daily work (including overtime) must not exceed 12 hours.

Overtime work cannot be done by:

• Written consent is required for overtime work for women with children under the age of 14 (or children with disabilities under the age of 18). Persons with disabilities also may be engaged in overtime work only with their written consent, and only if such work is not prohibited by their individual rehabilitation program.

As per the data retention policy in Belarus, the content and scope of processed personal data must be consistent with the stated purposes of its processing, and the data should not be stored for longer than needed for the stated purposes.

Discrimination that is unrelated to fitness for work and not relevant to an employee’s specific job functions is prohibited.

Employment contracts may be followed in the following manner:

1. an indefinite period;
2. a fixed period not to exceed five years (fixed-term employment contract).

If the period for which an employment agreement is in force has not been agreed upon, that employment contract shall be deemed concluded for an indefinite period.

• A fixed-term employment contract, except for an independent contractor agreement, may be concluded if employment for an indefinite period cannot be arranged because of the nature of the job offered or because of the conditions for its performance.
• An employment contract shall be concluded in writing and consist of two copies. Each page of the employment contract and the attachments to it shall be numbered and signed by the employee and the employer or an official duly authorized by the employer. One copy of the employment agreement shall be given to the employee, and the other shall be retained by the employer. The general format of an employment contract shall be approved by the Government of the Republic of Belarus or by a body it has duly authorized.

The employer will require the employee to submit the following:

• A document that establishes identity; a document of registration with the military (for those liable to military service and persons subject to conscription)
• A cumulative employment record, except for first-time employees and part-time employees;
• A document concerning education or training which certifies the right to perform the given job
• An assignment to a position reserved for categories of employees in accordance with legislation;
• An individual rehabilitation program for a person or persons with disabilities;
• A declaration of income and property, insurance certificate, medical certificate of health status, and other documents that confirm other circumstances pertinent to a job, provided that their submission is stipulated by legislative acts.
• Before hiring a foreign worker, a Belarusian employer must obtain a special work permit from the immigration authority.

Recruitment into work without these documents is prohibited.

The employer has the right to inquire about the previous workplace when recruiting a citizen into employment about performance, and that should be submitted within five calendar days from the day of receipt of the inquiry. During the conclusion of an employment agreement, demanding documents not prescribed by law is prohibited.

The duration of the probationary period in Belarus does not exceed three months. This does not include periods of temporary incapacity to work and other periods when the employee is absent.

Paid leave is granted to workers who have completed at least six months of service with the same employer for over 12 months. Its length depends on the worker's seniority. It is 14 calendar days when the worker has less than five years of service, 21 calendar days from 5 to 10 years of service, 28 calendar days from 10 to 20 years of service, and 35 calendar days when the worker's length of service is 20 years or more.

There are 9 public holidays.

• January 01: New Year
• January 07: Christmas (Orthodox Christmas);
• March 08: Women's Day;
• May 01: Labor Day;
• May 03: Radunitsa;
• May 09: Victory Day;
• July 03: Independence Day of the Republic of Belarus (Day of the Republic);
• November 07: October Revolution Day;
• December 25: Christmas (Catholic Christmas).

The Social Security System in Belarus funds the payment of sickness benefits.

According to social insurance, employees are entitled to 80% of their average daily salary during the first 12 days of sickness and up to 30 days at 70.00% thereafter.

Employees must justify all sickness leave with a medical certificate.

The Government has implemented Maternity Leave in Belarus with measures to support mothers and large families.

The current maternity leave entitlement in Belarus is:

• 126 days of paid maternity leave (140 if there are medical complications or multiple births),
• Three years’ unpaid maternity leave, during which time the job position must be kept open (the mother can resume work earlier if she wants to)
• If another child is born during these three years, the maternity leave entitlement starts again.

In Belarus, fathers are entitled to receive up to 14 days of paternity leave in the first six months of the birth of a child. However, whether the leave will be paid or unpaid depends upon the employer and employment contract; employers decide whether to pay Paternity Leave.

Paternity leave is granted upon the written request of an employee within six months following the date of birth of a child.

Adoption leave benefits

People who have adopted a child or who have been appointed as guardians of a child under the age of 3 months. For the period of 70 calendar days from the day of adoption or placement under guardianship, maternity benefits are paid. Beyond that, parental leave benefits are also paid to adoptive parents. Family Care Leave Employees are entitled to receive 100% of their average earnings during the leave. The leave can be taken to take care of a sick child under the age of 14 and a disabled child under the age of 18.

Social leaves are provided to employees for the purpose of creating conditions favorable to maternity, child care, education, and meeting family and domestic needs, as well as for other social purposes in accordance with this code.

The right of employees to social leaves does not depend upon seniority, location, the type of work, or the title and legal status of an organization.

During social leaves, the previous job, and in the circumstances specified by this Code or a collective contract or agreement, the previous wages (average wages) will be retained.

Social leaves will be provided in addition to annual leave.

Social leaves will be provided during the calendar year in which the employee qualifies for them.

For termination during the probationary period, a minimum of 3 days' notice is required.

Termination notice periods depend on the grounds for termination of employment.

If the employment is terminated by mutual consent of the parties, no prior notice of termination is required.

At least one month prior to the expiration of a fixed-term employment agreement, the party that decided not to extend the agreement for a new term must inform the other party in writing of its decision to terminate the employment relationship.

An employer must provide at least two months’ written notice before terminating employment due to redundancy or liquidation of the company.

Section 24 of the Labour Act prescribes the procedure for dismissing a worker, which requires providing the allegation to him or her in writing and giving the opportunity for a hearing. However, no prior approval from a government agency is required by law.

If an employment agreement is terminated due to redundancy or liquidation of the company, then the employer with the consent of the employee may make a severance payment in the amount of at least two months’ average salary in lieu of the required notice.

An employment agreement may be terminated with immediate effect due to health conditions or insufficient qualifications that prevent the continuation of work. In such cases, the employee must be paid severance pay in the amount of at least two weeks’ average salary.

If the basis for termination by the employee is an alleged violation of labor legislation, that violation should be established by an authorized body (the Department of State Labour Inspection or a court).

If the authorized body determines that a violation has taken place, it can oblige the employer to terminate the employment contract prematurely upon the employee's request. In that case, the employee must be paid compensation in the amount of at least three average monthly salaries.

Foreign nationals who wish to enter Belarus may do so after obtaining the relevant visa. Types of visas in the country include:

1. Type C visa for short-term visits up to 90 days (These visas cover short stays for business meetings, conferences, training, and more in Belarus)
2. Type D visa for long-term stays (Employees who plan to remain in Belarus for employment on a long-term basis will need to obtain a Type D visa)

International employees will also need a work permit before beginning their employment in Belarus. This permit is officially known as a “Special work permit in the Republic of Belarus.”

To obtain a visa to work in Belarus, international employees will need to submit the following documents:

1. A completed visa application form
2. A passport photo that was taken within the last six months
3. A valid passport that contains a photo, has a minimum of two blank pages and is valid for at least 90 days after the applicant intends to depart from Belarus
4. Proof of medical insurance
5. A certified copy of the applicant’s work permit
6. Proof of payment for the visa fee

If the employee chooses to mail the application, they should include return postage.

Some employees may also need to provide additional documentation; for example, applicants under 28 years old will need to provide a copy of their birth certificate and copies of their parent's or legal representatives’ passports.

Applicants who have previously held citizenship in Belarus or the USSR must certify their loss of citizenship.

In Belarus, the employer must initiate the application process for a work permit (typically issued for one year, although highly qualified employees may be eligible to receive a permit valid for two years). The employer needs to submit the completed application to the Department of Internal Affairs, together with the appropriate documentation and proof of payment for the processing fee. If the employer plans to hire more than ten foreign workers, they’ll also need a permit from the Department of Nationality and Migration.

The processing time for a work permit is approximately 15 days. Upon approval of the work permit, prospective employees can apply for a visa to enter Belarus.

The main legal acts regulating personal data protection in Belarus are the Law on Information, Informatisation and Information Protection of 10 November 2008 No. 455 Z (hereinafter referred to as the 'Information Protection Law') and the Law on Population Register of 21 July 2008 No. 418 Z (hereinafter referred to as the 'Population Register Law').

Regulator: There are two main authorities occupied primarily with overseeing data protection: Operational and Analytical Centre under the President of the Republic of Belarus (hereinafter referred to as the 'Centre') and the Ministry of Communications and Informatisation of the Republic of Belarus (hereinafter referred to as the 'Ministry').