Questions and Answers
On extending contracts with pre-retirement age employees
Question: Is an employer obliged to extend a contract upon its expiration on August 10, 2024, with an employee who turned 61 in May 2024, considering that no disciplinary action was taken against him for non-performance of duties in June 2024, but only a bonus was withheld?
In accordance with paragraph 3 of part 3 of Article 2615 of the Labor Code of the Republic of Belarus, upon the expiration of a contract with an employee who works conscientiously and does not violate production and technological, performance, and labor discipline, and who has no more than two years left until reaching the generally established retirement age, the employer, with the employee's consent, is obliged to extend the contract or conclude a new contract for a period of no less than until the employee reaches the specified age.
Compliance with this guarantee is mandatory for the employer, regardless of their desire to continue or terminate employment relations with these categories of employees.
Such employees, in particular, may include employees who do not have an unremoved or uncancelled disciplinary penalty in the prescribed manner and have not been subjected to other measures provided for in part four of Article 198 of the Labor Code of the Republic of Belarus (e.g., withholding of bonuses, change in the timing of annual leave), who perform their job duties in accordance with the requirements for the given work, comply with job descriptions, and do not commit actions that prevent other employees from performing their job duties (paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated December 21, 2023, No. 9 "On the application by courts of legislation when considering civil cases on the termination of employment contracts").
In turn, not only an unremoved or uncancelled disciplinary penalty, but also the withholding of a bonus from a pre-retirement age employee (men – 61 years old, women – 56 years old) for non-performance of job duties can lead to negative consequences for them, including the termination of the contract due to its expiration, regardless of the employee's desire to continue employment relations.
On minimum compensation
Question: Is it necessary to pay minimum compensation in the amount of three average monthly earnings to an employee who worked part-time under a contract and was dismissed at their request due to the employer's violation of labor legislation, if the employer independently established the fact of violation of labor legislation?
Answer: Regardless of which of the bodies listed in part 2 of Article 41 of the Labor Code of the Republic of Belarus (authorized body for supervising compliance with labor legislation, trade unions and (or) court) or the employer established the fact of violations of labor legislation, collective agreement, employment contract, the employee is paid minimum compensation in the amount of three average monthly earnings upon termination of the contract on this ground (part 5 of Article 2615 of the Labor Code of the Republic of Belarus).
The requirement of Part 5 of Article 2615 of the Labor Code of the Republic of Belarus regarding the payment of minimum compensation in the amount of three average monthly salaries applies to all employees who worked under a contract and were dismissed at their request due to the employer's violation of labor legislation, regardless of whether the work was primary or part-time.
On the hourly minimum wage
The Vitebsk Regional Department of the State Labor Inspectorate receives questions regarding remuneration, in particular, regarding the additional payment up to the minimum wage (hereinafter – MW).
For example, similar questions such as "Why did the employer not make an additional payment up to the MW for June 2024" were received from citizens who claimed:
- "I worked a full month in June – 20 days for 8 hours, a total of 160 hours";
- "My 17-year-old son worked 20 days for 7 hours in June, a total of 140 hours";
- "My husband, a disabled person of group 2, worked 20 days for 7 hours in June, a total of 140 hours".
When considering issues of applying the MW, attention should first be paid to the employee's remuneration established by the employment contract, local legal acts of the employer, as well as the estimated working time norm for the calendar year.
Since the remuneration of these employees is based on hourly tariff rates, the hourly MW must be applied when calculating the additional payment up to the MW.
Hourly MW is the lowest amount of remuneration for employees for one hour of working time, calculated from the monthly MW established by law, and applies to employees whose remuneration is based on hourly tariff rates (tariff salaries), salaries, and official salaries.
The amount of the hourly MW is determined by the employer by dividing the monthly MW by the ratio of the estimated working time norm for the calendar year, established for the respective categories of employees by the employer in accordance with labor legislation, and the number of months in the calendar year.
By Resolution of the Council of Ministers of the Republic of Belarus dated 01.12.2023 No. 859, the monthly MW was set at 626 rubles from 01.01.2024.
The full standard working time cannot exceed 40 hours per week. For employees aged 16 to 18, as well as for disabled persons of groups I and II, a reduced working time of no more than 35 hours per week is established.
The production calendar for 2024 establishes the estimated working time norm:
for a 40-hour five-day working week with days off on Saturday and Sunday – 2016 hours, the hourly MW will be 3.73 rubles (626 / (2016 / 12)),
for a 40-hour six-day working week with a day off on Sunday – 2022 hours, the hourly MW will be 3.72 rubles (626 / (2022 / 12)),
for a 35-hour five-day working week with two days off on Saturday and Sunday – 1763 hours, the hourly MW will be 4.26 rubles (626 / (1763 / 12)),
for a 35-hour six-day working week with a day off on Sunday – 1769 hours, the hourly MW will be 4.25 rubles (626 / (1769 / 12)).
Having analyzed the calculations made, we conclude that the higher the estimated working time norm, the lower the hourly MW and vice versa.
An employer is obliged to make an additional payment up to the MW (monthly and hourly) to an employee whose accrued salary is lower than the MW (monthly and hourly) established and applied in accordance with the legislation.
Thus, for employees with a five-day work week with Saturday and Sunday as days off, whose remuneration is based on hourly rates (tariff salaries), salaries, official salaries, for work under normal conditions during normal working hours while performing their labor duties, the employer is obliged to make an additional payment not up to the monthly minimum wage of 626 rubles, but up to the hourly minimum wage for June 2024: for an employee with a full (40-hour) normal working time – up to 595.2 rubles (160 hours * 3.72 rubles), and for an employee aged 16 to 18 and a Group II disabled person – up to 596.4 rubles (4.26 rubles * 140 hours).In turn, for employees with a 40-hour five-day work week for October 2024 (in the absence of indexation), the employer is obliged to make an additional payment not up to the monthly minimum wage of 626 rubles, but up to the hourly minimum wage – up to 684.48 rubles (184 hours * 3.72 rubles). Similarly, for a Group II disabled person, the employer is obliged to make an additional payment for October 2024 (in the absence of indexation) up to the hourly minimum wage – up to 685.86 rubles (161 hours * 4.26 rubles).
On the duration of annual leave
In 2024, employers are allowed to calculate annual leave proportionally to the time worked when its duration changes.
According to Article 151 of the Labor Code of the Republic of Belarus, as of January 1, 2024, the duration of employees' leave is calculated in calendar days and is determined on the date of its provision (if the leave is divided into parts - on the date of provision of each part). A different procedure for determining the duration of leave for certain categories of employees may be established by the Government of the Republic of Belarus.
Thus, if before January 1, 2024, an employee's annual leave duration was 28 calendar days, and from January 1, 2024 – 26 calendar days (due to a reduction in the duration of additional incentive leave for contract work from 4 to 2 calendar days), then the duration of annual leave for the working year from October 13, 2023, to October 12, 2024, provided from July 29, 2024, will be 26 calendar days. If the employee was granted a part of the annual leave lasting 14 calendar days during the period from October 13, 2023, to October 12, 2024, the remaining part will be 12 calendar days.
On the duration of annual leave for a person who has reimbursed child support expenses
In practice, employers allow the calculation of annual leave proportionally to the time worked due to a change in its duration during the working year for which annual leave is granted to persons who have reimbursed the costs of maintaining children who were on state support.
According to paragraph 14 of Decree of the President of the Republic of Belarus No. 18 of November 24, 2026, "On additional measures for state protection of children in disadvantaged families," obligated persons employed by a court order for employment have the right to basic annual leave lasting seven calendar days, social leave for pregnancy and childbirth, and for childcare until the child reaches the age of three. Other labor and social leaves provided for by labor legislation are not granted to obligated persons.
As of January 1, 2024, in accordance with Article 151 of the Labor Code of the Republic of Belarus, the duration of employees' vacations is calculated in calendar days and determined on the date of their provision (if the vacation is divided into parts, on the date of provision of each part). A different procedure for determining the duration of vacations for certain categories of employees may be established by the Government of the Republic of Belarus.However, for persons who have reimbursed expenses for the maintenance of children who were under state care, no other procedure for determining the duration of vacations has been established by the Government of the Republic of Belarus.
Thus, the duration of the main labor leave granted from August 12, 2024, for the working year from October 1, 2023, to September 30, 2024, to a person employed by a court order of employment and who reimbursed expenses for the maintenance of children who were under state care on January 22, 2024, cannot be less than 24 calendar days.
Department of State Labor Inspectorate of the Ministry of Labor and Social Protection of the Republic of Belarus, Vitebsk Regional Department
On the extension of contracts with pre-retirement age employees
Question: Is the employer obliged to extend the contract upon its expiration on August 10, 2024, with an employee who turned 61 in May 2024, considering that no disciplinary action was taken against him for non-performance of labor duties in June 2024, but only a deprivation of bonus was applied?
In accordance with paragraph 3, part 3, Article 2615 of the Labor Code of the Republic of Belarus, upon the expiration of a contract with an employee who works conscientiously and does not violate production, technological, executive, and labor discipline, and who has no more than two years left until reaching the generally established retirement age, the employer, with the consent of the employee, is obliged to extend the contract or conclude a new contract for at least until the specified age is reached.
Compliance with this guarantee is mandatory for the employer, regardless of their desire to continue or terminate employment relations with these categories of employees.
Such employees, in particular, may include employees who do not have an unremoved or unextinguished disciplinary penalty in the prescribed manner and have not been subjected to other measures provided for in part four of Article 198 of the Labor Code of the Republic of Belarus (for example, deprivation of bonuses, change in the time of granting labor leave), who perform labor duties in accordance with the requirements for this work, comply with job descriptions, and do not commit actions that prevent other employees from performing their labor duties (paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated December 21, 2023, No. 9 "On the application by courts of legislation when considering civil cases on the termination of employment contracts").
In turn, not only an unremoved or unextinguished disciplinary penalty, but also the deprivation of a bonus for a pre-retirement age employee (men - 61 years old, women - 56 years old) for non-performance of labor duties can lead to negative consequences for him, including the termination of the contract due to its expiration, regardless of the employee's desire to continue employment relations.
On minimum compensation
Question: Is it necessary to pay a minimum compensation of three average monthly salaries to an employee who worked part-time under a contract and was dismissed at their request due to the employer's violation of labor legislation, if the employer independently established the fact of the labor legislation violation?
Answer: Regardless of which of the bodies listed in part 2 of Article 41 of the Labor Code of the Republic of Belarus (authorized body for supervision of compliance with labor legislation, trade unions and (or) court) or the employer established the fact of violations of labor legislation, collective agreement, labor contract, an employee, upon termination of the contract on this ground, is paid a minimum compensation of three average monthly salaries (part 5 of Article 2615 of the Labor Code of the Republic of Belarus).
The requirement of part 5 of Article 2615 of the Labor Code of the Republic of Belarus to pay a minimum compensation of three average monthly salaries applies to all employees who worked under a contract and were dismissed at their request due to the employer's violation of labor legislation, regardless of whether the work was primary or part-time.
On hourly minimum wage
The Vitebsk Regional Department of the Department of State Labor Inspectorate receives questions regarding remuneration, in particular, regarding additional payments up to the minimum wage (hereinafter - MW).
For example, similar questions such as "Why did the employer not make an additional payment up to the MW for June 2024?" were received from citizens who claimed:
- "I worked a full month in June - 20 days for 8 hours, a total of 160 hours";
- "My 17-year-old son worked 20 days for 7 hours in June, a total of 140 hours";
- "My husband, a disabled person of group 2, worked 20 days for 7 hours in June, a total of 140 hours".
When considering the application of the MW, attention should first be paid to the employee's remuneration established by the employment contract, local legal acts of the employer, as well as the calculated working time norm for the calendar year.
Since the remuneration of these employees is based on hourly tariff rates, the hourly MW should be applied when calculating additional payments up to the MW.
Hourly MW is the lowest amount of remuneration for employees for one hour of working time, calculated from the monthly MW established by law, and applies to employees whose remuneration is based on hourly tariff rates (tariff salaries), salaries, official salaries.
The hourly MW is determined by the employer by dividing the monthly MW by the ratio of the calculated working time norm for the calendar year, established for the respective categories of employees by the employer in accordance with labor legislation, and the number of months in the calendar year.
By Resolution of the Council of Ministers of the Republic of Belarus dated 01.12.2023 No. 859, the monthly MW was set at 626 rubles from 01.01.2024.
The full norm of working time cannot exceed 40 hours per week. For employees aged 16 to 18, as well as for disabled persons of groups I and II, a reduced working time of no more than 35 hours per week is established.
The production calendar for 2024 establishes the calculated working time norm:
for a 40-hour five-day working week with days off on Saturday and Sunday - 2016 hours, the hourly MW will be 3.73 rubles (626 / (2016 / 12)).
for a 40-hour six-day work week with Sunday as a day off – 2022 hours, the hourly minimum wage will be 3.72 rubles (626 / (2022 / 12),
for a 35-hour five-day work week with Saturday and Sunday as two days off – 1763 hours, the hourly minimum wage will be 4.26 rubles (626 / (1763 / 12),
for a 35-hour six-day work week with Sunday as a day off – 1769 hours, the hourly minimum wage will be 4.25 rubles (626 / (1769 / 12).
Analyzing the calculations made, we conclude that the higher the calculated standard working time, the lower the hourly minimum wage and vice versa.
An employer is obliged to make an additional payment up to the amount of the minimum wage (monthly and hourly) to an employee whose accrued salary is lower than the minimum wage (monthly and hourly) established and applied in accordance with the legislation.
Thus, for employees with a five-day work week with Saturday and Sunday as days off, whose remuneration is based on hourly rates (tariff salaries), salaries, official salaries, for work under normal conditions during normal working hours when performing labor duties, the employer is obliged to make an additional payment not up to the monthly minimum wage of 626 rubles, but up to the hourly minimum wage for June 2024: for an employee with a full (40-hour) standard working time – up to 595.2 rubles (160 hours * 3.72 rubles), and for an employee aged 16 to 18 and a disabled person of group II – up to 596.4 rubles (4.26 rubles * 140 hours).
In turn, for employees with a 40-hour five-day work week for October 2024 (in the absence of indexation), the employer is obliged to make an additional payment not up to the monthly minimum wage – 626 rubles, but up to the hourly minimum wage – up to 684.48 rubles (184 hours * 3.72 rubles). Similarly, for a disabled person of group II, the employer is obliged to make an additional payment for October 2024 (in the absence of indexation) up to the hourly minimum wage – up to 685.86 rubles (161 hours * 4.26 rubles).
On the duration of annual leave
In 2024, employers are allowed to calculate annual leave proportionally to the time worked when its duration changes.
According to Article 151 of the Labor Code of the Republic of Belarus, from January 1, 2024, the duration of employees' leave is calculated in calendar days and is determined on the date of its provision (when dividing leave into parts - on the date of provision of each part). A different procedure for determining the duration of leave for certain categories of employees may be established by the Government of the Republic of Belarus.
Thus, if before January 1, 2024, the duration of an employee's annual leave was 28 calendar days, and from January 1, 2024 – 26 calendar days (due to a reduction in the duration of additional incentive leave for contract work from 4 to 2 calendar days), then the duration of annual leave for the working year from October 13, 2023, to October 12, 2024, provided from July 29, 2024, will be 26 calendar days. If the employee was granted a part of the annual leave lasting 14 calendar days during the period from October 13, 2023, to October 12, 2024, then the remaining part will be 12 calendar days.
On the duration of annual leave for a person who has reimbursed expenses for the maintenance of children
In practice, employers allow the calculation of annual leave proportionally to the time worked due to a change in its duration during the working year for which annual leave is granted to persons who have reimbursed expenses for the maintenance of children who were on state support.
Pursuant to paragraph 14 of Decree of the President of the Republic of Belarus dated 24.11.2026 No. 18 "On additional measures for state protection of children in disadvantaged families", obligated persons employed by a court order on employment have the right to a basic labor leave of seven calendar days, social leave for pregnancy and childbirth, and for childcare until the child reaches the age of three. Other labor and social leaves provided for by labor legislation are not granted to obligated persons.From January 1, 2024, in accordance with Article 151 of the Labor Code of the Republic of Belarus, the duration of employees' leaves is calculated in calendar days and is determined on the date of their granting (if the leave is divided into parts - on the date of granting each part). A different procedure for determining the duration of leaves for certain categories of employees may be established by the Government of the Republic of Belarus.
However, for persons who have reimbursed the costs of maintaining children who were on state support, a different procedure for determining the duration of leaves has not been established by the Government of the Republic of Belarus.
Thus, the duration of the basic labor leave granted from August 12, 2024, for the working year from 01.10.2023 to 30.09.2024 to a person employed by a court order on employment and who reimbursed the costs of maintaining children who were on state support on January 22, 2024, cannot be less than 24 calendar days.
Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus, Vitebsk Regional Department