As is known, amendments to the Labour Code of the Republic of Belarus came into force on January 28, 2020.
As is known, on January 28, 2020, amendments to the Labour Code of the Republic of Belarus came into force. 200 articles were amended, and about 40 new articles were added to the Labour Code for the first time.
It should be noted that the code was amended in a planned manner. When developing it, citizens' and organisations' appeals were taken into account. A large working group, consisting of representatives of state bodies, the court, and trade unions, worked on the code.
Local specialists familiarised themselves with the document and studied it in detail. However, questions arise in the course of work, which can only be answered by competent specialists. To navigate the updated code, the Lepel District Committee of the Trade Union of Agricultural Industry Workers held a training seminar for employees of personnel and legal services of enterprises, as well as chairpersons of trade union committees and other interested parties. Specialists from the Vitebsk Regional Trade Union Organisation of the Belarusian Trade Union of Agricultural Industry Workers were invited to the seminar. It should be noted immediately that the topics discussed are relevant not only for the agro-industrial complex but also for all organisations and enterprises.
Mikhail Lobko, Chief Technical Labour Inspector, spoke first. Mikhail Sergeevich acquainted the attendees with the main aspects of labour protection that require special attention, and also spoke about the public control exercised by the trade union.
The specialist noted that due attention must be paid to labour protection and safety, especially concerning facilities in the production and social spheres. All necessary measures must be taken at each enterprise and organisation to ensure that nothing threatens the life and health of employees.
It is very important not to forget about people. All employees must be provided with workwear. Everyone's rights must be protected. Instruction, and personnel condition checks must not be neglected. Sometimes, labour protection is only remembered after an emergency that could have been avoided.
For example, one of the innovations in the Labour Code is the preliminary medical examination, which the employer is obliged to pay for upon hiring. It is clear to everyone that a medical examination is part of labour protection measures. Any employer is interested
in minimizing the insurance risks of the enterprise.
Also, employees will not have to pay fines for the enterprise. If previously
sanctions imposed by controlling bodies on legal entities could
affect the wallets of ordinary employees, then the new version of the code specifies
what constitutes real damage, when and to whom it should be compensated.
The updated Labour Code also equalizes employees hired on fixed-term contracts and indefinite employment contracts in terms of material
liability. Until now, only those working under contract were held fully liable for damages, regardless of whether it was caused accidentally or intentionally. Now, limited material liability applies to everyone, and compensation for losses will only be required in case of intentional damage.
Mikhail Sergeevich paid great attention to the topic of preventing and reducing the number of injuries to zero, which is only possible if all labour protection rules and safe work requirements are observed. The specialist also provided examples of accidents and fatalities at work.
The topic of workplace attestation for working conditions and many other important issues were also touched upon. Tatiana Razovtseva, chief labour law inspector, spoke about the changes in the Labour Code of the Republic of Belarus. Thus, Tatiana Anatolyevna drew attention to one of the innovations – the provision of leave for fathers in connection with the birth of a child: within six months after the birth of the baby, the man can be granted 14 calendar days without pay. This gives the father an opportunity to help his wife during the most difficult but happy period of caring for the child.
Another important point in the new version of the Labour Code is
remote work. This form of employment implies remote work using the Internet. One of the positive aspects here
is that the employee does not need to be provided with a workplace. It should
be noted that in the modern world of technology, this is very convenient. Employers
will offer "remote workers" contracts or agreements, just like office employees.
The norms for working hours and rest are the same for both types of specialists.
It is worth noting that in Belarus, for the first time, trade unions participated in the development of the Labour Code. And this is correct, as they protect the labour rights of citizens.
For example, for employees with whom short-term contracts are concluded,additional guarantees have been introduced, especially for those who do not violate
discipline. The new version of the Labour Code states that upon the expiry of the
contract term, if the employee is conscientious and both parties to the employment
relationship wish to continue them, the employer is obliged to extend such
relationship for the maximum term or conclude a new contract for a term of at least
three years.
Employers are now also entitled to request a reference from an individual's previous
places of employment when hiring them, which must be issued within five calendar
days of receiving the relevant request.
A new provision has been introduced concerning the termination of a fixed-term
employment contract at the employee's request due to the employer's violation of
labour legislation. If the employer independently acknowledges and establishes the
fact of their violation of labour legislation, it is not necessary for this fact to be
established by supervisory authorities, a trade union, or a court.
Another innovation relates to the possibility of temporary transfer to other work for a
period of up to six months.
Under the current rules, an employee could be transferred to a new position for a
maximum of one month without prior notification. Now, if necessary, an employee can
be sent to another company for a period of up to six months (temporary transfer is
possible in case of downtime or production necessity), but their consent must be
obtained. Furthermore, salary and working conditions must not deteriorate.
Tamara Chumakova, Head of the Socio-Economic Work Department of the regional trade
union committee, informed the attendees about the main issues of collective
bargaining and remuneration.
Tatyana Vyrvich, Head of the Organisational Work Department, delivered a report on
"Record Keeping in Trade Union Committees".
Many attendees took the opportunity to ask questions of the competent specialists,
receiving detailed explanations.
Natalia Khrapovitskaya
