of June 26, 2008 No. 4
About practice of consideration by courts of the employment disputes connected with contractual form of hiring of workers
Having discussed practice of consideration by courts of cases on contractual form of hiring of workers, for the purpose of ensuring the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:
1. Draw the attention of courts that in case of the dispute resolution, the workers connected with contractual form of hiring, courts should be guided by regulations of the Constitution of the Republic of Belarus, the Labor code of the Republic of Belarus, the Decree of the President of the Republic of Belarus of July 26, 1999 No. 29 "About additional measures for enhancement of employment relationships, strengthening of labor and performing discipline" *, the Presidential decree of the Republic of Belarus of April 12, 2000 No. 180 "About procedure for application of the Decree of the President of the Republic of Belarus of July 26, 1999 for No. 29" (with changes and amendments), the Regulations on procedure and conditions of the conclusion of contracts of employers with workers approved by the resolution of Council of Ministers of the Republic of Belarus of September 25, 1999 No. 1476 (with changes and amendments), other regulatory legal acts governing employment relationships.
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* Further - the Decree No. 29.
The procedure for the conclusion, prolongation, termination of the contract with separate employee categories can be regulated by the special legal acts determining their legal status.
2. Courts should mean that the contract is kind of the terminal employment contract signed in writing for certain term and containing features in comparison with general regulations of the legislation on work.
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