Beshenkovichi District Prosecutor's Office Lawsuit Establishes Fact of Employment Relationship

   A check conducted by the district prosecutor's office based on a citizen's appeal revealed that the latter was admitted to work as a salesperson in one of the district's stores by the director of a private enterprise. However, the fact of employment relations between the employee and the employer was not properly formalized (no employment order was issued, no employment contract was concluded).

   The citizen worked as a salesperson in shifts, which corresponded to the work schedule of other employees, received monthly wages without formalization, and actually performed duties (for a vacant salesperson position in the store) like other officially employed salespersons. The improperly formalized employment relationship continued until her official employment, which occurred after 6 months. After official employment, the nature of work (job duties), work schedule, and payment did not change.

   In accordance with paragraph 2 of Article 25 of the Labor Code of the Republic of Belarus, the actual admission of an employee to work by an authorized official of the employer is the beginning of the employment contract, regardless of whether the employment was properly formalized.  

   Given the above, in the interests of the citizen, the district prosecutor filed a lawsuit with the court, requesting to establish the fact of employment relations between the employee and the employer. The Beshenkovichi District Court satisfied the claim and established the fact of employment relations. The employer voluntarily made all payments for the employee for the unformalized period of employment (to the social security fund, income tax, insurance).   

The decision of the Beshenkovichi District Court has entered into legal force. 

Prosecutor of Beshenkovichi District 

Junior Counselor of Justice                                              A.A. Starchenko