RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 29, 2001 No. 2

About some questions of application by courts of the legislation on work

Due to the questions which arose in court practice on application of the legislation on the work Plenum of the Supreme Court of the Republic of Belarus

decides:

1. Draw the attention of courts that according to Art. 4 of the Labor code of the Republic of Belarus * the relations based on the employment contract and also the related relations are governed by the legislation on work irrespective of form of business of the legal entity, being the party of the employment contract.

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* Further - shopping mall.

In the organizations in which the employment and related relations are based on membership (participation) constituent documents and local regulations can establish other, but only in that part in which they do not worsen situation of members (participants) in comparison with the legislation on work.

The Labor code is applied to the employment and related relationships of separate employee categories in the cases and limits provided by the special legal acts determining their legal status (the Art. of 5 shopping malls)

2. Resolving issue of initiation of production on employment dispute, the judge shall find out whether the obligatory extrajudicial procedure for its permission is established by the commission on labor sporam* for this dispute of the p. 2 of the Art. of 236 shopping malls.

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* Further - KTS.

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