X «Международная научно-практическая конференция «Современные достижения – 2014», 27-01.2014-05.02.2014 (Чехия)

PhD Tomashevski K.L.

International University “MITSO”, Belarus

Labour Legislation in the Republic of Belarus: last reform and perspective of new codification

The previous significant reform of the labour legislation in Belarus took place in 2007 and has proceeded in 2008.

The Labour Code of the Republic of Belarus (further – Labour Code) which was passed on July 26, 1999 and had been into effect since January 1, 2000 up to the middle of 2007 almost hadn’t been exposed to any essential corrections. For comparison we shall note that in Russia the Labour Code of 2001 had been subjected to significant corrections by the Federal Law from June 30, 2006. A year later after Russian experience a big legislative reform of the Labour Code took place in Belarus as well. The law from July 20, 2007 has inserted global amendments into the given act, has corrected more than half of articles of it.

Let's briefly mention the most significant innovations to the given Code which have already been in detail explained in a number of reviews [1]:

- One more type of the obligatory transfers to another work which do not demand the employee consent (the third part of the article 30 of Labour Code) is introduced;

- New grounds of heads of the organization and chief accountants dismissal in case of payments delay and change of the organization owner are stipulated (by the article 47 of Labour Code);

- Such operating mode as non-fixed working day which "has passed" to the labour legislation of Belarus from the Soviet labour law is settled;

- Duration of the minimal leave is increased from 21 to 24 calendar days, but at the same time duration of some additional leaves (for non-fixed working day and for the long experience of work) is reduced;

- Significant editorial changes have undergone chapters of Labour Code on wages, labour safety, overlapping of work with education.

The given reform is difficult to call unambiguously neither liberal nor conservative. The Belarusian legislator has tried to keep balance of interests of employees and employers. At the same time, a certain roll for ensuring employers interests (duration of labour and social leaves was in most cases reduced, a number of additional leaves began to be provided at the expense of employers, that has led to their reduction) is observed.

As the Law from July 20, 2007, which has made alterations in the Labour Code, has come into force only on January 26, 2008 many subordinate acts have been accepted in the purpose of its development only at the end of 2007 – the beginning of 2008.

It is possible to regard the acceptance of the Law on a Labour Safety from June 23, 2008 (last reviewed at 2013) by the Belarusian Parliament as a continuation of the Belarusian labour legislation reform. The given law will come into force not until December 26, 2008, but at the time it is officially published and other normative legal acts will be accepted for the purpose of its development. As a whole the given law deserves a positive estimation as it has not only expanded measures on ensuring labour safety for employees, but also has established the certain guarantees of labour safety for the persons working under civil-law contracts, on the basis of a membership (participation) in corporations of any organizational legal forms, for heads and members of country (farmer) holdings.

Unfortunately, the previous legislative reform has not removed displays of labour inforcement existing in practice from the Belarusian labour legislation, but even partly has expanded them:

- The fixed-term labour contracts concluded in Belarus for 1 to 5 years term practically have superseded the labour contracts concluded for unfixed term. It has led to situation in which employees cannot retire before the termination of the fixed-term labour contract. Exception is made only by the cases of heavy illness or infringement of the labour legislation by the employer;

- Unemployed citizens should participate in paid compulsory public work under threat of reduction of the unemployment benefit size which anyway makes in equivalent up to 16 USD;

- There are kinds of disciplinary transfers and enforcement work (the case of unconscientious parents paying a debt to the State, public officers and transport workers, wood industry), and also obligatory transfers by industrial necessity;

- Graduates of state universities, who had been receiving the state grant and hadn’t been paying for education, are to work for the state organization for the period of 1 to 2 years according to the assignment.

In the Parlament there are a Draft of Law, which can change about half of all articles of the Labour Code of Belarus. There are perspective of new codification of the labour legislation of Belarus, which Dr.Juris V.I. Krivoy and the author of this article explain in a few Russian language papers [2; 3].

In conclusion we shall express hope that integration processes between the Republic of Belarus and Russia, and in prospect – with the European Union will salutary affect the further liberalization of the Belarusian labour legislation and removing the norms promoting labour enforcement from it. This will be promoted by participation of scientists from Belarus in labour law and social security law European and World Congresses.

Literature:

1. The comment of novels of the Labour Code of the Republic of Belarus / under edit. of O.S. Kurylevoj and K.L. Tomashevskogo. – Minsk, 2007 (http // www. jurist.by); The comment of the Labour code of the Republic of Belarus / under edit. of G.A. Vasilevicha. – Minsk, 2008.

2. Krivoy V.I. There are no principal decisions // Belarusian and market. 2013. №26.

3. Tomashevski K.L. System of labour law sources of Belarus: history, theory and practice: monograph. – Minsk: Amalfea, Int. Univ. “MITSO”, 2013. P.44; Tomashevski K.L. On the way to the new codification of the labour legislation in Belarus // Labour and Social Law. 2013. №3. P.15–17.