LAW OF THE REPUBLIC OF BELARUS

of July 18, 2019 No. 219-Z

About change of the laws

Accepted by the House of Representatives on June 26, 2019

Approved by Council of the Republic on June 28, 2019

Article 1. Bring in the Labor code of the Republic of Belarus of July 26, 1999 the following changes:

1. State Article 1 in the following edition:

"Article 1. The main terms applied in this Code and their determinations

For the purposes of of this Code the following main terms and their determinations are applied:

the employee's position - sort of labor activity according to the official position, job responsibilities determined based on the Single job evaluation catalog of positions of employees or other acts of the legislation;

the legislation on work - set of the regulatory legal acts governing the public relations in the field of the employment and related relationships;

qualification - the recognition of the mastered knowledge, abilities and the got experience necessary for implementation of labor activity confirmed with the document types established by the legislation;

the contract - the terminal employment contract signed in writing for the term determined in it for performance of work and containing features of regulation of employment relationships between the employer and the worker;

local legal acts - the collective agreements, agreements, employment policies and procedures and other acts adopted in accordance with the established procedure governing the employment and related relations at the specific employer;

the employer - legal entity or physical person which by the legislation is granted the right of the conclusion and the termination of the employment contract with the worker;

separate division of the organization - branch, representation, the structural division of the organization located out of the place of its stay or in the place of its stay for which for making of transactions by the organization the current (settlement) bank account with provision of the right to dispose of money on the account to officials of these separate divisions based on the power of attorney is opened;

consolidation of employers - the non-profit organization combining on the basis of voluntary membership of employers for representation and protection of their rights and legitimate interests in the social and labor sphere;

the single parent - mother (father) who is not married (not married) (bringing up) the minor child in case other parent died, is deprived of the parent rights, recognized as incapacitated, declared the dead or is acknowledged is unknown absent; the mother who is not married and bringing up the minor child, data on whose father are entered in the birth statement of the child on its instruction or for specifying of other person who submitted the application for registration of the birth; the adoptive father (adopter) who is not married and bringing up the minor child;

labor union (labor union) - the voluntary public organization combining citizens, including students in the organizations of professional, secondary vocational, higher education connected by common interests by the nature of activities both in production and in non-productive spheres for protection of the labor, social and economic rights and interests;

the worker's profession - the sort of labor activity requiring knowledge and skills of certain set of the works regulated by the Single wage rate book of works and professions of workers;

the worker - the physical person consisting in employment relationships with the employer based on the signed employment contract;

the parties of the employment contract - the employer and the worker;

the tariff charge (tariff salary) - the minimum wage of the worker for execution of labor obligations for unit of time (hour, month) without other payments established by wages system;

labor function - work on one or several positions of employees (professions of workers) with indication of qualification according to the staff list, the official (working) instruction, process charts and other documents;

the employment contract - the agreement between the worker and the employer according to whom the worker shall perform work on certain one or several positions of employees (professions of workers) of the corresponding qualification according to the staff list and to observe the internal labor schedule, and the employer shall provide to the worker the work caused by the employment contract, provide working conditions, stipulated by the legislation about work, with local legal acts and the agreement of the parties, to timely pay to the worker the salary;

the authorized officer of the employer - the head (his deputies) of the organization (its separate division), the head of the structural unit (his deputies), other worker who by the employer are granted the right to make all or separate decisions following from the employment and related relationships or the other person to whom such right is granted by the legislation.

Values of other terms applied in this Code are determined in the relevant articles of this Code.".

2. In Article 2:

to state the name of Article in the following edition:

"Article 2. Main objectives of the Labor code";

in paragraph one "Tasks" shall be replaced with words the word "Main objectives".

3. In Article 4:

"control and" to exclude 6 parts one of the word from Item;

"normative" to exclude the word from part two.

4. Add Article 6 with Item 3 following of content:

"3) other types of activity according to the legislation.".

5. 3 parts one and parts two of Article 7, Article parts one 59, parts two of Article 349 and part one of Article 361 the word "normative" in the corresponding case and number to exclude from Item.

6. In Article 15 part two shall be replaced with words the word "Statistical" "Primary statistical".

7. In Article 16 part one:

in Item 6 of the word to "lonely mothers" shall be replaced with words to "single parent";

add Item 7 with the words "or going to work besides to the employer to the employee's position (the worker's profession), equivalent occupied before conscription";

state Item 8 in the following edition:

"8) dismissed from alternative service and directed to work on account of armor for provision of the first workplace or going to work besides to the employer to the employee's position (the worker's profession), equivalent occupied to the direction on alternative service;";

add part with Item 9 of the following content:

"9) the being graduates of organizations of education who got professional, secondary vocational, higher education belonging to the categories of orphan children and children without parental support, persons from among orphan children and children without parental support, persons with the features of psychophysical development employed on account of armor.".

8. State Articles 17 and 18 in the following edition:

"Article 17. Term of the employment contract. Terminal employment contract

Employment contracts can be signed on:

1) uncertain term;

2) certain term no more than five years (terminal employment contract).

If in the employment contract the term of its action is not stipulated, the employment contract is considered the prisoner sine die.

The terminal employment contract, except for the contract, consists in cases when employment relationships cannot be established sine die taking into account nature of the forthcoming work or conditions of its accomplishment:

1) for the period of accomplishment of certain work when time of completion of work cannot be determined precisely;

2) for the period of fulfillment of duties of temporarily absent worker behind which according to this Code remain place of employment, the employee's position (the worker's profession);

3) for the period of accomplishment of seasonal works when works owing to natural and climatic conditions can be carried out only during the certain season;

4) with persons employed in the organizations created for obviously certain period;

5) with persons accepted to the employee's position (the worker's profession) which was held by the young specialist, young working (employee) to his appeal on military service, the directions on alternative service, for such service and within three months after its termination;

6) with the head, the deputy manager and the chief accountant of the organization for holding the procedures established by the legislation and (or) the constituent document of the organization for appointment to the corresponding position of the employee;

7) with persons directed by bodies for work, employment and social protection to paid social jobs;

8) in other cases established by this Code or other legal acts.

By agreement of the parties the terminal employment contract can be signed:

1) with persons employed as the lawyer performing lawyer activities individually, the notary performing notarial activities in notarial bureau, the physical person performing activities for rendering services in the field of agroecotourism, the individual entrepreneur in the microorganization;

2) with persons going to part-time job.

The contract is signed according to the procedure and on the conditions provided by this Code.

Article 18. Form of the employment contract

The employment contract is signed in writing, constituted in duplicate. Each page of the employment contract and appendices to it is numbered and signed by the worker and the employer or the official authorized by it. One copy of the employment contract is transferred to the worker, another is stored at the employer.

The approximate form of the employment contract affirms the Government of the Republic of Belarus or the body authorized by it.".

9. In Article 19 part two:

state Item 3 in the following edition:

"3) labor function. At the same time the name of position of the employee (the worker's profession) shall correspond to the job evaluation catalogs approved according to the procedure, determined by the Government of the Republic of Belarus, to the regulatory legal acts regulating activities of workers for separate positions of employees;";

state Item 7 in the following edition:

"7) compensation of the worker.".

10. Part the second Articles 21, paragraph one of part two of Article 272, speak rapidly the third and fourth articles 3149 after the word of "adoptive parents" to add with the word of "(adopters)".

11. In Article 22:

state Item 3 in the following edition:

"3) with the citizen, acknowledged incapacitated;";

state Item 5 in the following edition:

"5) with person aged from fourteen up to sixteen years without written consent one of parents (the adoptive father (adopter), the custodian).".

12. To add Item of 1 part one of Article 23 with words ", other local legal acts".

13. The fifth articles 3143 after the word "position" to add Article 24 and part with the word of "employee".

14. In Article 25:

the second after the word "assumption" to add part with words "the authorized officer of the employer";

third to state part in the following edition:

"The actual assumption shall be drawn in writing up by the authorized officer of the employer of the worker to work no later than the day following behind day of assumption of the worker to work.".

15. To add article 26 after part two with part of the following content:

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