The Department of State Labor Inspection reminds about compliance with legislative requirements when organizing the activities of student detachments
Student brigades
In turn, republican state administration bodies, state organizations subordinate to the Government of the Republic of Belarus, and local executive and administrative bodies determine the host organizations, facilities, types of work, and number of workplaces for student team members with remuneration not lower than the minimum wage, in agreement with the host organizations or in accordance with their applications.
The lists of host organizations, facilities, types of work, and the number of workplaces for student team members are approved annually by city and district executive committees, and administrations of districts of the city of Minsk before January 1.
The procedure for organizing the activities of student teams in the Republic of Belarus is defined by the Regulation on the Procedure for Organizing the Activities of Student Teams in the Republic of Belarus, approved by Decree of the President of the Republic of Belarus No. 58 of February 18, 2020 (hereinafter referred to as the Regulation). In addition, when organizing the activities of student teams, the requirements of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), the Law of the Republic of Belarus "On Labor Protection" (hereinafter referred to as the Law), and other normative legal acts must be taken into account.
Thus, a contract must be concluded between the sending and receiving organizations, defining the terms of activity of the student detachment, taking into account the requirements of labor legislation, including occupational safety, as well as the obligations of the receiving organization to provide accommodation, meals, and remuneration for the participants of the student detachment (clause 8 of the Regulations).
The selection of types of work for student detachments, which include students of secondary specialized and vocational-technical education institutions, is carried out, where possible, taking into account their specialization.
In accordance with the legislation, the responsibility for ensuring occupational safety during the work performed by the student detachment is assigned to both the sending and receiving parties.
In accordance with the Instructions on the procedure for organizing the activities of student detachments, approved by the Resolution of the Ministry of Education of the Republic of Belarus dated June 7, 2012, No. 60, the sending organization must ensure that the participants of the student detachment are trained in the basics of labor legislation, including occupational safety legislation, as well as conduct briefings on the upcoming activities.
The host organization is obliged to provide the student detachment with facilities and types of work corresponding to the contract, and to create healthy and safe working conditions at each workplace, to conclude labor or civil law contracts with the participants of student detachments, to conduct training, instruction and knowledge testing on labor protection issues.
In addition, the host organization is responsible for providing the student detachment participants with personal protective equipment in accordance with the Instructions on the procedure for providing employees with personal protective equipment, approved by the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated December 30, 2008 No. 209 (hereinafter - Instruction No. 209).
We also inform you that legal relations arising from civil law contracts are regulated by the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code) and Decree of the President of the Republic of Belarus of June 6, 2005 No. 314 "On some measures to protect the rights of citizens performing work under civil law and labor contracts".
As a general rule, in accordance with Clause 1 of Article 20 of the Civil Code, a person's full civil legal capacity (the ability of a citizen to acquire and exercise civil rights, create civil obligations for themselves and fulfill them through their actions) arises upon reaching the age of majority, i.e., upon reaching the age of 18. It is from this age that it is possible to conclude a contract for work with an individual without any restrictions, provided that they are not legally incompetent.
For minors between the ages of fourteen and eighteen, when concluding a civil law contract (entering into a transaction), it is necessary to obtain the written consent of their legal representatives – both parents, adoptive parents, or guardians (Clause 1 of Article 25 of the Civil Code).
For reference. Transactions are defined as actions of citizens and legal entities aimed at establishing, changing, or terminating civil rights and obligations.Transactions can be bilateral or multilateral (contracts) and unilateral (Article 154, Paragraph 1 of Article 155 of the Civil Code).
A transaction made by a minor under the age of fourteen (a child) is void. The provisions of parts two and three of paragraph 1 of Article 172 of the Civil Code (paragraph 1 of Article 173 of the Civil Code) apply to such a transaction.
In accordance with Article 6 of the Labor Code, obligations arising from contracts provided for by civil legislation do not fall under the scope of the Labor Code.
Thus, the norms of labor legislation, including the established procedure for hiring employees, the rights and obligations of employees and employers, state guarantees for employee remuneration, guarantees and compensation, working and rest regimes, labor and social leave, disciplinary and material liability of employees, do not apply to civil law relations.
Based on the foregoing, in order to ensure the protection of the rights of persons seeking employment who have not reached the age of eighteen, including participants in student brigades, it is advisable to conclude a labor contract with each of them labor contract upon hiring.
For reference. In accordance with the requirements of Articles 18 and 19 of the Labor Code, the labor contract is concluded in writing and must contain mandatory conditions and information.
One of the conditions for enrollment in a student brigade is the absence of medical contraindications for the participant of the student brigade to perform the types of activities carried out by the brigade.
Furthermore, in order to enable employers to take necessary measures to ensure the preservation of life, health, and work capacity of minors, it is necessary to consider the restrictions established for them by legislation, in particular, the norms of Articles 114, 117, 274, 275, 276 of the Labor Code, Article 16 of the Law, the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated October 15, 2010 No. 144 "On establishing the list of light types of work that persons aged fourteen to sixteen can perform," the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated June 27, 2013 No. 67 "On establishing the list of works on which the labor of persons under eighteen years of age is prohibited," and the Resolution of the Ministry of Health of the Republic of Belarus dated October 13, 2010 No. 134 "On establishing the maximum norms for lifting and moving heavy objects manually by minors."
In 2021, during inspections of facilities where the labor of student detachment participants was organized, the following violations were identified.
In OJSC "Ivansky-Agro", OJSC "Prozemle-Agro" of Chashniki district, Vitebsk region, employment record books were not kept for student detachment members. In employment contracts concluded by OJSC "Baranovichi Cotton Mill" of Brest region with students of the pedagogical student detachment "Znichka", salary payment dates were not specified. Time sheets for recording working hours of minors were not kept at KSCP "Orevichi", OJSC "Veletin-Agro", KSCP "Experimental Base "Strelichovo" of Loeu district, Gomel region. Violations were also identified in the оформление of employment contracts at the State Educational Institution "Vileyka District Health Camp "Skazka" of Vileyka district, Minsk region, OJSC "Svitank" of Zhodino city.
Mandatory pre-employment medical examinations for student detachment workers were not conducted at KSCP "Sovkhoz "Zarya" of Loeu district, Gomel region. At KSCP "Vaverka-Agro" of Lida district, Grodno region, medical certificates had expired, and the conducted medical examination did not correspond to the type of work for which the student detachment members were involved.
There were cases of employers violating the requirements of the Instruction on the procedure for training, internships, briefings, and knowledge testing of workers on labor protection, approved by the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated November 28, 2008, No. 175.
Thus, at OJSC "Grodno Meat Processing Plant", members of the student work crew were allowed to perform work without training on labor protection issues. Training, instruction, probation, and knowledge testing on labor protection issues were not conducted at KSUP "Zarya i K" of Volkovysk district, Grodno region. At GOLKHU "Glubokskoye Experimental Forestry" of Glubokskoye district, Vitebsk region, OJSC "Construction and Installation Trust No. 41" in Smorgon, members of the student work crew were not provided with initial workplace instruction. At UOSPK "Putrishki" of Grodno district, members of the student work crew were allowed to perform work without undergoing probation.
Facts have been established regarding the admission of student detachment members to perform work without personal protective equipment at OJSC "Oktyabr-Berezki" of Khotsimsk district, OJSC "Rodnyansky" of Klimovichi district, KSUP "Ezherksy" of Cherikovsky district, KSUP "Malyatichi-Agro" of Krichev district of Mogilev region, KRSUP "Experimental Base "Boruny" of Oshmyany district, "Zhodishki" branch of UP "Smorgon Grain Products Plant", GLHU "Lida Forestry", OJSC "Construction and Installation Trust No. 19" in Lida, KSUP "Traby" of Ivatsevichi district of Grodno region, GLHU "Petrikov Forestry" of Petrikov district, KSUP "Udarny" of Lelchitsy district, KSUP "Experimental Base "Strelichovo" of Khoiniki district, PMK-76 of OJSC "Gomel United Construction Trust" of Zhytkavichy district, Gomel region, OJSC "Agro-Pelishche" of Kamyanets district, GUSP "Malorita PMK-20" of Malorita district of Brest region, GLHU "Rosson Forestry" of Rosson district, OJSC "Verkhnedvinsk Flax Mill", GLHU "Verkhnedvinsk Forestry" of Verkhnedvinsk district of Vitebsk region, CJSC "Atlant", UP "Remavtodor of Leninsky District of Minsk", OJSC "Zaslavlstroyindustriya" of Minsk district, UO "Negoreloye Educational-Experimental Forestry" of Dzerzhinsk district of Minsk region.
Violations have been identified related to the use of faulty equipment and tools by student detachment members at DUP "PMK-201" of Lyuban district, OJSC "Krupki Flax Mill" of Krupki district, Minsk region, SOAO "Kommunarka" in Minsk.
The provided examples indicate the improper performance of duties stipulated by law by certain officials in regulating youth labor in student teams.
In view of the foregoing, in order to ensure the observance of labor rights of student team participants, as well as to prevent accidents during their work, it is proposed to republican bodies of state administration, other state organizations subordinate to the Government of the Republic of Belarus, regional executive committees and the Minsk City Executive Committee, and the NGO "BRSM":
- To bring this letter to the attention of the heads of organizations that send and receive participants of student teams.
- To demand from the aforementioned heads to ensure compliance with the requirements of the legislation of the Republic of Belarus when organizing the activities of student teams.