An employment agreement is the main document that establishes and regulates the relationship between an employer and an employee. It defines the rights, duties and responsibilities of both parties, as well as working conditions, pay and other important aspects of interaction. In modern economic realities, a drawn-up employment agreement becomes especially important since it provides legal protection for both the employee and the employer. In this article, we will look in detail at an employment agreement, its types, key elements, and issues related to its conclusion, modification and termination. Understanding this will help you navigate legal issues of labour relations more confidently.
Definition of an Employment Agreement
An employment agreement is a written contract between an employee and an employer. It is concluded when hiring a new employee or when transferring an employee to another job.
The Main Obligations of the Parties to the Employment Agreement
The main duties of the employee which are prescribed in the employment agreement:
- To work in one or more positions (professions) specified in the employment agreement.
- Observe the internal work schedule.
The main responsibilities of the employer which are specified in the employment agreement:
- Provide an employee with a job that is prescribed in the employment agreement.
- To ensure safe working conditions (these conditions can be established by agreement of the parties).
- Pay the employee’s salary on time.
Why is it Important to Sign an Employment Agreement
The conclusion of an employment agreement is significant for both the employee and the employer. In particular, the employment agreement confirms that an employment relationship has been established between the employer and the employee with the rights and obligations arising from them. Here are the reasons why it is important to conclude an employment agreement:
1. Protection of the Rights of the Parties
The employment agreement defines the rights and obligations of the employee and the employer. It helps to avoid misunderstandings and disputes in the future.
2. Guarantees and Benefits for the Employee
The employment agreement prescribes working conditions such as salary, working hours, vacation, and other social guarantees, protecting the interests of the employee.
3. The Legal Basis for Employment Relations
The existence of an employment agreemnt creates a legal basis for employment relations. It also makes it easier to contact lawyers, the labour inspectorate, or the court in a dispute.
4. Duties and Responsibilities of the Parties to the Employment Agreement
The agreement can clearly define the obligations of the parties and the consequences for their non-fulfilment, which contributes to increased responsibility.
5. Regulation of the Employee’s Working Conditions
The agreement helps to establish specific working conditions, such as the place of work, job responsibilities and working conditions, which is important for the organization of the workflow.
6. Sustainability of Working Relationships
Formalizing labour relations helps create a more stable and long-term relationship between an employee and an employer.
7. Reinforces the Expectations of the Parties to the Agreement
The agreement lets both parties clearly understand what they can expect from each other, which helps build a trusting relationship.
Thus, an employment agreement is key to ensuring transparency, legal protection and stability in labour relations.
When can be Signed an Employment Agreement
You can hire employees under an employment agreement from the age of 16.
It is possible to hire workers for light work from the age of 14 with the consent of their parents (adoptive parents, guardians).
Underage workers (those under 18) are prohibited from being employed for night work, overtime, or work on weekends or holidays.
Types of Employment Agreements
In Belarus, the types of employment agreements differ in the terms for which they are concluded. Employment agreements can be concluded:
- For an indefinite period. In this case, for dismissal (termination of employment relations), the employee must notify the employer at least a month in advance.
- For a certain period of up to 5 years. Such employment agreements are classified as fixed-term. A fixed-term employment agreement is concluded when the employer does not have the opportunity to employ an employee indefinitely for reasons of the nature of the work or the conditions for doing this work. For example, this is a temporary job, performing the duties of an employee who is temporarily absent (for example, on vacation) and retains his place of work and position.
Features of the Contract
Fixed-term employment agreements include a contract – this is an employment agreement which specifies the term of its validity. A contract can be made to perform almost any job, including one with an indefinite deadline.
The contract is considered less favourable for the employee than the employment agreement. Therefore, it requires some compensation for its conclusion. The State has established a minimum level of such compensation.
If an employee is hired under an employment agreement, a contract can later be concluded with him. The reverse situation is also possible: with an employee employed under a contract, you can subsequently conclude an employment agreement.
What does an Employment Agreement Look Like
An employment agreement is a document on paper. The State established the approximate forms of the employment agreement, in particular, its name, the place where it was concluded (usually indicating the name of the settlement) and the date of conclusion are indicated.
Each page of the employment agreement and its appendices (if any) are signed by an authorized official of the employer and an employee. The pages are marked with page numbers.
They conclude an employment agreement in 2 copies, one of them remains with the employee.
If an employee enters into an employment agreement personally, it cannot be concluded through a representative.
Terms of the Employment Agreement
The State determined the mandatory minimum conditions of the employment agreement. The employment agreement must contain the following conditions:
- Information about the employee and the employer who signed the employment agreement.
- The place of work, indicating the structural unit in which the employee is hired.
- Labor function. The name of the position or profession must comply with the qualification reference books and professional standards.
- The basic rights and obligations of the employee and the employer.
- The term of the employment agreement (for fixed-term agreements).
- Work and rest schedule (if it differs from the general rules established by the employer).
- The amount of the employee’s salary and the procedure for its payment.
Additional conditions may be prescribed in the employment agreement, such as the establishment of a probation period, a mandatory period of work after training if it was carried out at the expense of the employer, and other conditions that do not worsen the position of the employee in comparison with legislation and collective agreements.
It is prohibited to include conditions in the employment agreement that worsen the employee’s position in comparison with the state’s requirements. For example, the employment agreement cannot include provisions on employee fines or mandatory overtime work. Such conditions will be invalid.
Terms of the Contract
The mandatory terms of the contract complement the required terms of the employment agreement:
- The frequency of salary payments is set at least twice a month, indicating specific days.
- Employee certification should be conducted at least once every three years.
- The mandatory measures to stimulate labour are the provision of up to five calendar days of additional paid leave and the possibility of increasing the tariff rate (salary) to 50%. The minimum percentage increase is not set. An increase of, for example, 1% or less is possible.
- Reduction (or deprivation) of bonuses for improper performance of work duties without valid reasons, in addition to applying disciplinary penalties.
- An employee’s vacation may be reduced by the number of days of absenteeism or intentional failure to perform duties for more than three hours a day without a valid reason. It is important to remember that the minimum possible vacation should be at least 24 calendar days.
- The employee and the employer are obliged to notify each other in writing of their intention to continue the employment relationship or terminate it no later than one month before the contract expires.
If an employee has been hired for remote work, this condition should be specified in the contract, as well as ways to perform the work using technical means and determine whose these means are the employee or the employer.
In addition to the mandatory terms of the contract, other conditions can be prescribed, such as increased guarantees for the employee, and provisions on a preliminary probation period can be included.
Changing the Employment Agreement
Changes to the employment agreement include, in particular, the following cases:
- Transfer of an employee to another job or position to another location, including temporary transfer.
- Moving an employee to another workplace in another department of the organization.
- Changes in essential working conditions.
The employment agreement can be changed as a general rule by agreement of the parties. However, in case of changes in essential working conditions, including working hours, wage systems, guarantees, wage reductions, and establishment or cancellation of remote work, employees are warned no later than one month in advance. Consent from employees for such innovations is not required. In case of disagreement with the changes, the employee has the right to be dismissed.
If the employee’s position improves compared with the current employment agreement, his consent is not required; for example, in the case of an increase in wages and an increase in the days of paid leave, the employee’s consent is not required.
The employer issues a change in the employment agreement terms by an order with which the employee is introduced under the signature.
Termination of the Employment Agreement
An employment agreement with an employee is terminated upon dismissal or transfer to a new position. However, the parties can agree to terminate the agreement at any time.
The State determined the grounds for termination of the employment agreement.
It is possible to terminate an employment relationship on the initiative of an employee or an employer. The procedure for terminating each of these employment agreementts is defined.
Termination of an Employment Agreement on the Initiative of an Employee
An employee who wants to quit must inform the employer about this. Formally, such a request is set out in a letter of resignation addressed to the head of the company, which the employee signs himself. The application usually provides a reason for dismissal and the desired date of dismissal. The application becomes the basis for the employer’s dismissal order.
Termination of the Employment Contract at the Initiative of the Employer
The employer has a fairly wide list of grounds for dismissal, defined by the state of state relations requirements.
Such grounds include, for example, an employee’s non-compliance with work performed for health reasons, a reduction in the number of employees, absenteeism, administrative arrest, and causing property damage while performing work, which is established by the court. These grounds do not force the employer to dismiss the employee but give him the right to terminate the employment relationship.
An employee who is on vacation or sick leave cannot be dismissed at the employer’s initiative, except in cases of liquidation of the company and reduction of the company’s branch in another area. An employee who is on sick leave can be fired if he does not go to work for more than four months in a row due to illness.
Documents are needed to confirm a reason for dismissal at the employer’s initiative. Without such documents, the dismissal can be challenged in court.
Contact us
If you have any questions or disputes regarding the establishment and regulation of the relationship between an employer and an employee in Belarus, we will be happy to help! Our long-term experience in divident payment will help you resolve any disputes in this area.
- +37529366-44-77 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
