The main provisions of the new version of the Law of the Republic of Belarus on Employment of the Population come into force on October 24 of the current year. It is aimed at developing and supporting the high motivation of the unemployed to actively seek employment, and strengthening the responsibility of employers and the unemployed for compliance with the legislation on employment of the population, the Ministry of Labour and Social Protection informed a BELTA correspondent.
The main provisions of the new version of the Law of the Republic of Belarus on Employment of the Population come into force on October 24 of the current year. It is aimed at developing and supporting the high motivation of the unemployed to actively seek employment, and strengthening the responsibility of employers and the unemployed for compliance with the legislation on employment of the population, the Ministry of Labour and Social Protection informed a BELTA correspondent.
The Law "On Amendments and Additions to the Law of the Republic of Belarus "On Employment of the Population of the Republic of Belarus" was signed by the President on July 18 of this year. The innovations concern all participants in the labour market – employers, job seekers, and employment services.
The duties of the unemployed are enshrined in a separate article of the new law. Thus, they must independently search for work, attend negotiations with an employer on employment within two working days from the date of issuance of a referral, and report to the labour, employment and social protection authorities to receive a referral for work or study. This will establish the mutual responsibility of the employment service, employers, and citizens in resolving employment issues, and will also allow linking the performance of the unemployed's duties with their right to receive social benefits (e.g., state targeted social assistance, material assistance, etc.).
In order to stimulate a more active job search, the responsibility of the unemployed for violating the legislation on employment of the population has been strengthened. The maximum period of registration as unemployed has been halved – from 36 to 18 calendar months. Nuances of re-registration as unemployed have also been clarified.
Unemployed individuals are granted the right to receive assistance in acquiring practical work experience in accordance with their acquired profession (specialty), which will enhance their competitiveness and subsequently increase their chances of employment. This right to participate in the "Youth Practice" program will also extend to unemployed mothers who have not worked for an extended period due to childcare responsibilities for a child under 3 years of age.
Employers are obligated to notify labour, employment, and social protection authorities in writing about vacancies within five days of their creation (under the current version, within two weeks). Employers are also required to inform labour, employment, and social protection authorities about the filling of vacancies on the same day.
Incidentally, the concept of a vacant job (vacancy) has been defined for the first time. This refers to a position (profession) provided for in the staffing table that is not occupied by an employee who is in an employment relationship with the employer based on an employment contract concluded for that position (profession).
In accordance with the new law, employers are obliged to inform the employment service about the impending release of employees no later than two months in advance (currently, only in cases of mass layoffs). The implementation of this provision will enable prompt forecasting of the number of citizens potentially requiring job placement assistance.
State employment service bodies are granted the right to fully or partially compensate employers' costs for training employees at risk of dismissal. This measure has already been used in the republic and is now enshrined in law. This provision will facilitate proactive training for employees at risk of dismissal and their subsequent employment, bypassing the stage of unemployment.
Incidentally, for the first time, categories of employees at risk of dismissal have been legally defined. These include employees who are subject to dismissal due to the liquidation of an organisation, the cessation of an individual entrepreneur's activities; have been notified of a reduction in the number or staff of employees; are on forced downtime at the employer's initiative, work part-time, or are on unpaid or partially paid leave.
Employers engaging citizens in paid public works now have the option to conclude not only fixed-term employment contracts but also civil law contracts. This will significantly simplify the procedure for employment in such works, as well as reduce the material and time costs for employers' HR departments.
The law also amends the age criteria under which employers are fully reimbursed by labour, employment and social protection authorities for the costs of retraining or upskilling unemployed individuals who were dismissed by them due to staff or workforce reductions (excluding those engaged in unskilled labour, as well as women aged 50 and over and men aged 55 and over) and who had not undergone retraining or upskilling at their last place of employment within five years prior to dismissal. Previously, the age limit was 45 for women and 50 for men.
An important innovation of the employment law is that from January 1, 2017, employment services will only be provided by employment agencies included in a register (currently, the activities of such agencies are not legally regulated and are only subject to general mechanisms for protecting citizens' rights when they are provided with substandard services, including in the field of employment). The range of services for employment assistance provided by employment agencies, and the procedure for forming and maintaining the register of agencies, will be determined by the government.